Guaranteed conditions for National Assembly deputies in Vietnam

Guaranteed conditions for National Assembly deputies in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Guaranteed conditions for National Assembly deputies in Vietnam

Guaranteed conditions for National Assembly deputies according to Article 42 of the Law on organization of the National Assembly 2014 are as follows:

- The duration in which a National Assembly deputy works on a full-time basis shall be counted as his/her uninterrupted work time. When a full-time National Assembly deputy no longer performs the representative tasks, a competent agency or organization shall arrange other work for the deputy.

The duration in a year a part-time National Assembly deputy spends performing the tasks of a National Assembly deputy prescribed in Clause 2, Article 24 of this Law shall be included in his/her working period at the agency, organization or unit where the deputy works.

- A full-time National Assembly deputy shall be provided with a workplace and necessary physical and technical facilities for his/her representative activities.

- A National Assembly deputy is entitled to priority in purchasing train, bus, ship and air tickets and in crossing bridges or taking ferries. When getting sick, a National Assembly deputy who is not a medium- or high-ranking official is entitled to the medical examination and treatment regime prescribed for medium-ranking officials.

When passing away, a National Assembly deputy or a former National Assembly deputy who is not a state cadre, civil servant or public employee is entitled to the regime on organization of funeral applicable to state cadres and civil servants.

2. Right to immunity of National Assembly deputies in Vietnam

Right to immunity of National Assembly deputies in Vietnam according to Article 37 of the Law on organization of the National Assembly 2014 is as follows:

- No National Assembly deputy may be arrested, held in custody, detained, prosecuted or have his/her place of residence or workplace searched, unless so consented by the National Assembly or, when the National Assembly is in recess, by the Standing Committee of the National Assembly. The proposal to arrest, put in custody, detain or prosecute a National Assembly deputy or to search his/her place of residence and workplace must fall under the jurisdiction of the Procurator General of the Supreme People’s Procuracy.

In case a National Assembly deputy is taken into custody for a flagrant offense, the agency holding the deputy in custody shall immediately report the case to the National Assembly or its Standing Committee for consideration and decision.

- No National Assembly deputy may be removed from office, dismissed, forced to resign or sacked by the agency, organization or unit where he/she works, unless so consented by the Standing Committee of the National Assembly.

3. Regulations on suspension or loss of the rights of National Assembly deputies in Vietnam

Regulations on suspension or loss of the rights of National Assembly deputies according to Article 38 of the Law on organization of the National Assembly 2014 are as follows:

- 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.

- 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.

4. Regulations on suspension or loss of the rights of National Assembly deputies in Vietnam 

Regulations on Suspension or loss of the rights of National Assembly deputies in Vietnam according to Article 39 of the Law on organization of the National Assembly 2014 are as follows:

- 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.

- 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.

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