Chương 2 Luật Tổ chức Quốc hội 2001: Uỷ ban thường vụ quốc hội và chủ tịch quốc hội

Chapter II

THE NATIONAL ASSEMBLY STANDING COMMITTEE AND CHAIRMAN

Article 6.-

1. The National Assembly Standing Committee is the standing body of the National Assembly.

2. The National Assembly Standing Committee is composed of the National Assembly Chairman as its head, the National Assembly Vice-chairmen as its deputy-heads and other members.

The number of National Assembly vice-chairmen and the number of members of the National Assembly Standing Committee shall be decided by the National Assembly.

3. The National Assembly Standing Committee members must not concurrently be the Government members and work according to the full-time regime.

4. The Standing Committee of each National Assembly legislature shall perform its tasks and exercise its powers until the National Assembly of new legislature elects a new Standing Committee.

Article 7.- The National Assembly Standing Committee has the following tasks and powers:

1. To announce and sponsor the election of deputies to the National Assembly;

2. To prepare for, convene and sponsor the National Assembly sessions;

3. To explain constitutions, laws and ordinances;

4. To make ordinances on matters assigned by the National Assembly;

5. To supervise the enforcement of the constitution, laws, resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee; to supervise the activities of the Government, the Supreme People’s Court, the Supreme People’s Procuracy; to suspend the implementation of documents issued by the Government, the Prime Minister, the Supreme People’s Court and/or the Supreme People’s Procuracy, which contravene the Constitution, laws, resolutions of the National Assembly and submit to the National Assembly for abrogation those documents; to abrogate documents issued by the Government, the Prime Minister, the Supreme People’s Court, the Supreme People’s Procuracy, which contravene ordinances and resolutions of the National Assembly Standing Committee;

6. To supervise and guide the activities of the People’s Councils; to abrogate wrong resolutions of the People’s Councils of the provinces or centrally-run cities; to dissolve the People’s Councils of the provinces or centrally-run cities in cases where such People’s Councils have caused serious damage to the interests of people;

7. To direct, regulate and coordinate the activities of the Nationality Council and Commissions of the National Assembly; to guide and create conditions for activities of the National Assembly deputies;

8. Where the National Assembly cannot meet, to decide on the declaration of the state of war once the country is invaded and report such to the National Assembly for consideration and decision at its nearest session;

9. To decide on the general mobilization or limited mobilization; to proclaim the state of emergency throughout the country or in each locality;

10. To perform the National Assembly’s tasks of external relations;

11. To hold referenda under decisions of the National Assembly.

Article 8.- In preparing for, convening and sponsoring the National Assembly sessions, the National Assembly Standing Committee shall have the following tasks and powers:

1. To project agendas of the sessions based on the resolutions of the National Assembly, the proposals of the State President, the Prime Minister, the chief judge of the Supreme People’s Court, the chairman of the Supreme People’s Procuracy, the Nationality Council, the Commissions and deputies of the National Assembly;

2. To direct, regulate and coordinate the activities of the concerned agencies in preparing the agenda contents of the sessions; to consider the preparation of bills, reports and other projects, which shall be presented to the National Assembly;

3. To organize and ensure the implementation of the agendas of National Assembly sessions;

4. To consider petitions of voters and request the relevant agencies to study and settle them for report thereon to the National Assembly;

5. To direct the reception of comments of National Assembly deputies and comments of the public in order to revise bills, draft resolutions and other drafts for submission to the National Assembly;

6. To decide on other matters relating to National Assembly sessions.

Article 9.- In the law- and ordinance-making, the National Assembly Standing Committee shall have the following tasks and powers:

1. To work out law- and ordinance- making programs and submit them to the National Assembly for decision; to direct the implementation of the law- and ordinance-making programs;

2. To set up drafting committees and designate agencies to verify bills and/or draft ordinances according to the provisions of law;

3. To give comments on bills.

Article 10.- The National Assembly Standing Committee promulgates ordinances based on the law- and ordinance-making programs already approved by the National Assembly.

Agencies, organizations and individuals that are entitled to present bills before the National Assembly shall all have the right to present draft ordinances before the National Assembly Standing Committee.

The draft ordinances must be verified by the Nationality Council or the concerned Commissions of the National Assembly before they are submitted to the National Assembly Standing Committee. When deeming it necessary, the National Assembly Standing Committee shall decide to send the draft ordinances to the National Assembly deputies for their comments before they are adopted.

Article 11.- The National Assembly Standing Committee supervises the activities of the Government, the Supreme People’s Court, the Supreme People’s Procuracy in the enforcement of the Constitution, laws, resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee.

The National Assembly Standing Committee shall decide on and organize the implementation of the quarterly and annual supervision programs; may assign the Nationality Council and the concerned Commissions of the National Assembly to perform a number of tasks under the supervision programs of the National Assembly Standing Committee; consider and discuss reports and recommendations in supervisory activities; request the concerned individuals, organizations and State agencies to implement recommendations which the National Assembly Standing Committee deems necessary.

Article 12.- The National Assembly Standing Committee shall propose the National Assembly to cast the vote of confidence on persons who hold positions elected or ratified by the National Assembly.

The National Assembly Standing Committee shall consider and propose the National Assembly to cast the vote of confidence on persons who hold positions elected or ratified by the National Assembly when it is so requested by at least twenty percent of the total number of the National Assembly deputies or by the Nationality Council, Commissions of the National Assembly.

Article 13.- The National Assembly Standing Committee shall decide to abrogate on its own or at the request of the Prime Minister, the Nationality Council, Commissions or deputies of the National Assembly the wrong resolutions of the People’s Councils of the provinces or centrally-run cities; dissolve the People’s Councils of the provinces or centrally-run cities in cases where such People’s Councils cause serious damage to the interests of people.

Article 14.- The National Assembly Standing Committee shall decide to abrogate on its own or at the request of the Nationality Council, Commissions or deputies of the National Assembly documents issued by the Government, the Prime Minister, the Supreme People’s Court or the Supreme People’s Procuracy, which contravene the ordinances and resolutions of the National Assembly Standing Committee; suspend the implementation of documents issued by the Government, the Prime Minister, the Supreme People’s Court and/or the Supreme People’s Procuracy, which contravene the Constitution, laws, resolutions of the National Assembly and submit to the National Assembly for decision the abrogation thereof at its nearest session.

Article 15.- Where the National Assembly cannot meet, at the request of the Defense and Security Council, the National Assembly Standing Committee shall decide on the proclamation of the state of war once the country is invaded and report such to the National Assembly for consideration and decision at its nearest session; decide on the general mobilization or limited mobilization, to proclaim the state of emergency throughout the country or in each locality.

Article 16.- During the interval between two National Assembly sessions, the National Assembly Standing Committee shall consider the replies to questions and implementation of proposals of the Nationality Council, Commissions and deputies of the National Assembly by the Prime Minister as well as other members of the Government, the chief judge of the Supreme People’s Court and the chairman of the Supreme People’s Procuracy.

Article 17.- In special cases, the National Assembly Standing Committee shall propose the National Assembly by its own decision or at the request of at least one-third of the total number of the National Assembly deputies to shorten or prolong the term of the National Assembly.

Article 18.- The National Assembly Standing Committee meets at least once a month.

The documents of its meetings must be sent to the members of the National Assembly Standing Committee at least seven days before the meetings start.

Article 19.- The National Assembly Standing Committee works according to the conference regime and make decisions by majority. A National Assembly Standing Committee meeting must be attended by at least two-thirds of its members. Ordinances and resolutions of the National Assembly Standing Committee must be voted for by more than half of its members. The ordinances and resolutions must be promulgated within fifteen days at most as from the date they are adopted, except where the State President submits them to the National Assembly for reconsideration.

Article 20.- The National Assembly chairman has the following tasks and powers:

1. To chair the National Assembly sessions, ensure the observance of the Regulation on National Assembly deputies and the Rules on National Assembly sessions; sign to certify laws and resolutions of the National Assembly.

2. To lead the work of the National Assembly Standing Committee; project the working programs, direct the preparation for, convene and preside over meetings of the National Assembly Standing Committee; sign the ordinances and resolutions of the National Assembly Standing Committee;

3. To convene and preside over conferences of the chairman of the Nationality Council and chairmen of the Commissions of the National Assembly to discuss programs of activity of the National Assembly, the Nationality Council and the Commissions of the National Assembly; to attend meetings of the Nationality Council and Commissions of the National Assembly when deeming it necessary;

4. To maintain contacts with National Assembly deputies;

5. To direct the implementation of operation funding of the National Assembly;

6. To direct and organize the implementation of the external relation work of the National Assembly; to represent the National Assembly in its external relations; to lead activities of Vietnamese National Assembly delegations in international and regional inter-parliamentary organizations.

The National Assembly vice-chairmen assist the chairman, performing tasks assigned by the chairman. When the National Assembly chairman is absent, a vice-chairman shall be authorized by the chairman to perform the tasks and exercise the powers of the National Assembly chairman on the latter’s behalf.