Criteria of National Assembly deputies in Vietnam

Criteria of National Assembly deputies in Vietnam (Source: Internet)

1. Who are National Assembly deputies?

According to Clause 1, Article 21 of the Law on Organization of the National Assembly 2014 (amended in 20202), a National Assembly deputy shall represent the will and aspirations of the People of his/her constituency and of the whole country and exercise the state power in the National Assembly on behalf of the People.

A National Assembly deputy shall take responsibility before voters and the National Assembly for the performance of his/her tasks and exercise of his/her powers as a deputy.

National Assembly deputies are equal in discussing and deciding on matters within the tasks and powers of the National Assembly.

(Clause 2 and 3, Article 21 of the Law on Organization of the National Assembly 2014 (amended in 20202))

2. Criteria of National Assembly deputies in Vietnam

To become a member of the National Assembly, individuals must meet the conditions specified in Article 22 of the Law on Organization of the National Assembly 2014 (amended in 20202), specifically as follows:

- To hold citizenship of only Vietnam.

- To be loyal to the Fatherland, the People and the Constitution, to strive to carry out the renewal cause for the goal of a prosperous people and a strong, democratic, equitable and civilized country.

- To possess moral qualities, to be diligent, thrifty, incorruptible, public-spirited and selfless, exemplary in the observance of law; to have the spirit and be determined to control corruption, waste and all manifestations of bureaucracy, imperiousness and authoritarianism and other illegal acts.

- To possess educational and professional qualifications, to have full capacity, health, work experience and prestige to perform the tasks of a National Assembly deputy.

- To keep close ties with the People, to listen to opinions of the People, to gain confidence of the People.

- To have the conditions to participate in the activities of the National Assembly.

3. Rights of National Assembly deputies

According to the Law on Organization of the National Assembly 2014 (amended in 20202), National Assembly deputies have the following rights

- The right to submit bills and draft ordinances and motions on laws and ordinances (Article 29)

- The right to join as members in, and participate in the activities of, the Ethnic Council and Committees of the National Assembly (Article 30)

- The right to stand for election and nominate candidates for election for the positions elected by the National Assembly (Article 31)

- The right to question (Article 32)

- The right to propose (Article 33)

- The right to request when detecting illegal acts (Article 34)

- The right to request provision of information (Article 35)

- The right to attend People’s Council sessions (Article 36)

- The right to immunity of National Assembly deputies (Article 37)

4. Cases of suspension or loss of the rights and removal from office of National Assembly deputies in Vietnam

* Suspension of the rights of National Assembly deputies in Vietnam

According to Clause 1, Article 39 of the Law on Organization of the National Assembly 2014 (amended in 20202), when a National Assembly deputy is charged with an offense, the Standing Committee of the National Assembly shall decide to suspend the performance of tasks and exercise of powers by the deputy.

The National Assembly deputy may resume performance of his/her tasks and powers and have his/her lawful interests restored when a competent agency terminates the investigation or the criminal case against him/her or from the time a legally effective court judgment or decision pronounces that this deputy is innocent or exempted from penal liability.

* Loss of the rights of National Assembly deputies in Vietnam

A National Assembly deputy who is convicted under a court judgment or decision shall automatically lose the rights of a National Assembly deputy from the date that judgment or decision takes legal effect.

(Clause 2, Article 39 of the Law on Organization of the National Assembly 2014 (amended in 20202))

* Removal from office of National Assembly deputies in Vietnam

The removal from office of National Assembly deputies shall comply with the provisions of Article 40 of the Law on Organization of the National Assembly 2014 (amended in 20202), specifically as follows:

- A National Assembly deputy who no longer deserves the People’s confidence shall be removed from office by the National Assembly or voters.

- In case a National Assembly deputy is removed from office by the National Assembly, such removal shall be voted for by at least two-thirds of the total number of National Assembly deputies.

- In case a National Assembly deputy is removed from office by voters, such removal shall be carried out in the order stipulated by the Standing Committee of the National Assembly.

Thanh Rin

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