Chương 3 Luật Tổ chức Quốc hội 2001: Hội đồng dân tộc và các uỷ ban của quốc hội

Chapter III

NATIONALITY COUNCIL AND COMMISSIONS OF THE NATIONAL ASSEMBLY

Article 21.- The Nationality Council and Commissions of the National Assembly are agencies of the National Assembly, which work according to the collective regime and make decisions by majority. The terms of the Nationality Council and the Commissions of the National Assembly correspond to the term of the National Assembly.

The Nationality Council and Commissions of the National Assembly are tasked to verify bills, make proposals on laws, draft ordinances and other drafts; verify reports assigned by the National Assembly or its Standing Committee; submit to the National Assembly, the National Assembly Standing Committee comments on law- and ordinance- making programs; exercise the right to supervision; to propose to the National Assembly the explanation of the Constitution, laws, ordinances and other issues within the scope of their tasks and powers.

The Nationality Council and Commissions of the National Assembly have the right to propose the National Assembly Standing Committee to consider and submit to the National Assembly votes of confidence on persons holding positions elected or ratified by the National Assembly.

The Nationality Council and Commissions of the National Assembly take responsibility for and report on their work before the National Assembly; when the National Assembly is in recess, they report on their work before the National Assembly Standing Committee.

Article 22.- The National Assembly sets up the Nationality Council and the following Commissions:

1. The Law Commission;

2. The Economic and Budgetary Commission;

3. The Defense and Security Commission;

4. The Commission for Culture, Education, Youth, Young Pioneers and Children;

5. The Commission for Social Affairs;

6. The Commission for Sciences, Technologies and Environment;

7. The External Relations Commission.

Article 23.- When deeming it necessary, the National Assembly shall set up an ad hoc committee to study and/or verify a project or investigate a certain issue.

Article 24.-

1. The Nationality Council is composed of a chairman, vice-chairmen and members. The number of vice- chairmen and the number of members shall be decided by the National Assembly.

The Nationality Council members shall be elected by the National Assembly among the National Assembly deputies. The number of full-time members shall be decided by the National Assembly Standing Committee.

2. The Nationality Council chairman has the following tasks and powers:

a) To administer the activities of the Nationality Council;

b) To convene and chair meetings of the Nationality Council;

c) To maintain regular contacts with the Nationality Council members;

d) To attend meetings of the National Assembly Standing Committee; to be invited to attend meetings of the Government to discuss the implementation of nationality policies;

e) To maintain ties with concerned agencies and organizations on behalf of the Nationality Council;

f) To perform some other tasks assigned by the National Assembly Standing Committee.

3. The Nationality Council vice-chairmen shall assist the Nationality Council chairman, performing tasks assigned by the latter. When the chairman is absent, a vice-chairman shall be authorized by the chairman to perform the tasks and exercise the powers of the chairman.

Article 25.-

1. A Commission of the National Assembly is composed of a director, deputy-directors and members. The number of deputy-directors and the number of members shall be decided by the National Assembly.

Members of the National Assembly Commissions shall be elected by the National Assembly among its deputies. The number of full-time members shall be decided by the National Assembly Standing Committee.

2. The director of a Commission of the National Assembly has the following tasks and powers:

a) To administer the activities of the Commission;

b) To convene and chair meetings of the Commission;

c) To maintain regular contacts with the Commission’s members;

d) To represent the Commission in maintaining ties with the concerned agencies and organizations;

e) To perform a number of other tasks assigned by the National Assembly Standing Committee.

3. The deputy-directors shall assist the director of the Commission, performing tasks assigned by the latter. When the Commission director is absent, a deputy-director shall be authorized by the director to perform the tasks and exercise the powers of the director.

Article 26.- The Nationality Council has the following tasks and powers:

1. To verify bills, draft ordinances and other drafts related to ethnic matters;

2. To supervise the implementation of laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee in the field of nationality; supervise the activities of the Government, the ministries and the ministerial-level agencies in the implementation of programs and plans on socio-economic development in mountainous regions, areas inhabited by ethnic minority people;

3. To contribute its opinions on the drafts of legal documents issued by the Government, the Prime Minister, the ministers, the heads of the ministerial-level agencies, the Supreme People�s Court or the Supreme People’s Procuracy, the legal documents issued jointly by competent central State agency or jointly by competent State agencies and the central committees of socio-political organizations, related to ethnic matters and supervise the implementation of those documents;

4. To propose to the National Assembly or its Standing Committee issues on nationality policies of the State; matters related to the organization and operation of concerned agencies; propose to the Government, the Prime Minister, ministers, heads of the ministerial-level agencies and other State bodies at the central and local levels matters related to ethnic minorities.

Article 27.- The Law Commission has the following tasks and powers:

1. To verify bills, draft ordinances on the organization of the State apparatus, on criminal, civil, administrative matters and other drafts under the assignment of the National Assembly or its Standing Committee, the Government’s projected law- and ordinance-making programs, the proposals of other agencies, organizations and/or National Assembly deputies on law- and ordinance- making, the motions of National Assembly deputies on laws, ordinances;

2. To assume the prime responsibility in verifying schemes on the establishment or abolition of ministries, ministerial-level agencies; the setting up, merger, division or re-delimitation of provinces and centrally-run cities;

3. To verify the Government’s reports on the settlement of citizens’ complaints and denunciations, on crime and law-violation prevention and combat as well as judgement execution work, reports on activities of the chief judge of the Supreme People’s Court and the chairman of the Supreme People’s Procuracy;

4. To ensure the constitutionality, legality and uniformity of the legal system regarding bills, draft ordinances before they are submitted to the National Assembly or the National Assembly Standing Committee for adoption;

5. To supervise the implementation of laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee on the organization of the State apparatus, on criminal, civil and administrative issues; supervise the activities of the Government, the ministries, the ministerial-level agencies which fall within the management scope of the Commission; supervise activities of the Supreme People’s Court, the Supreme People’s Procuracy; supervise activities of investigation and judgement execution;

6. To supervise legal documents of the Government, the Prime Minister, the ministers, the heads of the ministerial-level agencies, the Supreme People’s Court, the Supreme People’s Procuracy, the legal documents issued jointly by competent central State bodies or jointly by competent State bodies and central committees of socio-political organizations, which fall within the field managed by the Commission;

7. To propose matters relating to the organization and operation of the concerned agencies, necessary measures to perfect the State apparatus and the legal system.

Article 28.- The Economic and Budgetary Commission has the following tasks and powers:

1. To verify bills, draft ordinances in the field of economic management, business activities, budget, finance, money and other drafts assigned by the National Assembly or its Standing Committee;

2. To assume the prime responsibility in verifying projects and plans on socio-economic development, the Government’s reports on the implementation of socio-economic development plans, on State budget estimates and plans on central budget allocation, the general final settlement of the State budget.

3. To supervise the implementation of laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee in the fields of economic management, business activities, budget, finance and money; supervise the activities of the Government, the ministries and the ministerial-level agencies in the implementation of State plans on socio-economic development, the implementation of the State budget estimates and the implementation of the financial and monetary policies;

4. To supervise the legal documents of the Government, the Prime Minister, the ministers, the heads of the ministerial-level agencies, the legal documents issued jointly by competent central State bodies or jointly by competent State bodies and central committees of socio-political organizations, which fall within the field managed by the Commission;

5. To propose matters related to the organization and operation of concerned agencies as well as issues on economic management, business activities, budget, finance and money.

Article 29.- The Defense and Security Commission has the following tasks and powers:

1. To verify bills and draft ordinances on defense and security and other drafts assigned by the National Assembly or its Standing Committee;

2. To supervise the implementation of laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee, on defense and security; supervise activities of the Government, the ministries, the ministerial-level agencies in the performance of defense and security tasks;

3. To supervise legal documents of the Government, the Prime Minister, the ministers, the heads of the ministerial-level agencies, legal documents issued jointly by competent central State bodies or jointly by competent State bodies and central committees of socio-political organizations, which fall within the field managed by the Commission;

4. To propose matters related to the organization and operation of concerned agencies and issues on defense and security policies, necessary measures to perform the tasks and exercise the powers of the National Assembly and its Standing Committee in defense and security domains.

Article 30.- The Commission for Culture, Education, Youth, Young Pioneers and Children has the following tasks and powers:

1. To verify bills and draft ordinances on culture, education, information, sports and youth, young pioneers and children and other drafts assigned by the National Assembly or its Standing Committee;

2. To supervise the implementation of laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee, on culture, education, information, sports and youth, young pioneers and children; supervise the activities of the Government, the ministries and the ministerial-level agencies in the implementation of policies on culture, education, information or sports in the plans and programs on socio-economic development of the country; supervise the implementation of policies towards the youth, young pioneers and children.

3. To supervise legal documents of the Government, the Prime Minister, the ministers, the heads of the ministerial-level agencies, legal documents issued jointly by competent central State bodies or jointly by competent State bodies and central committees of socio-political organizations, which fall within the field managed by the Commission;

4. To propose matters related to the organization and operation of concerned agencies as well as issues on cultural, educational, information and sport development of the country, policies towards the youth, young pioneers and children.

Article 31.- The Commission on Social Affairs has the following tasks and powers:

1. To verify bills, draft ordinances on labor, health care, social affairs, religions and other drafts assigned by the National Assembly or its Standing Committee;

2. To supervise the implementation of laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee on social issues; supervise activities of the Government, the ministries, the ministerial-level agencies in the implementation of policies on social matters in the plans and programs on socio-economic development of the country.

3. To supervise legal documents of the Government, the Prime Minister, the ministers, the heads of the ministerial-level agencies, and legal documents issued jointly by competent central State bodies or jointly by competent State bodies and central committees of socio-political organizations, which fall within the field managed by the Commission;

4. To propose matters related to the organization and operation of concerned agencies as well as policies and measures for settlement of social matters.

Article 32.- The Science, Technology and Environment Commission has the following tasks and powers:

1. To verify bills and draft ordinances on sciences, technologies and/or ecological environment protection and other drafts assigned by the National Assembly or its Standing Committee;

2. To supervise the implementation of laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committees, on sciences, technologies and ecological-environment protection; supervise activities of the Government, the ministries and the ministerial-level agencies in the implementation of policies on scientific and technological development as well as ecological-environment protection in the plans and programs on socio-economic development of the country;

3. To supervise legal documents of the Government, the Prime Minister, the ministers, the heads of the ministerial-level agencies and legal documents issued jointly by competent central State bodies or jointly by competent State bodies and central committees of socio-political organizations, which fall within the field managed by the Commission;

4. To propose matters related to the organization and operation of concerned agencies and matters regarding policies on investment in scientific and technological development as well as ecological environment protection.

Article 33.- The External Relations Commission has the following tasks and powers:

1. To verify bills and draft ordinances on external relation activities of the State as well as other drafts assigned by the National Assembly or its Standing Committee; verify international agreements which fall under the ratifying jurisdiction of the National Assembly, the Government’s reports on external relation activities, which are to be submitted to the National Assembly;

2. To supervise the implementation of laws and resolutions of the National Assembly as well as ordinances and resolutions of the National Assembly Standing Committee on external relations; supervise activities of the Government, the ministries and ministerial-level agencies in the implementation of external policies of the State, external relation activities of branches and localities; supervise the implementation of the State’s policies towards overseas Vietnamese;

3. To supervise legal documents of the Government, the Prime Minister, the ministers and the heads of the ministerial-level agencies as well as legal documents issued jointly by competent central State bodies or jointly by competent State bodies and central committees of socio-political organizations, which fall within the field managed by the Commission;

4. To establish external relations with the National Assemblies of other countries, global and regional inter-parliamentary organizations under the direction of the National Assembly Standing Committee, the National Assembly chairman; assist the National Assembly Standing Committee and the National Assembly chairman in regulating, coordinating external activities of the National Assembly;

5. To propose matters related to the organization and operation of concerned agencies as well as issues on external policies of the State, on relations with the National Assemblies of other countries, with global and regional inter-parliamentary organizations, with other international organizations, and on policies towards overseas Vietnamese.

Article 34.- The Nationality Council and the Commissions of the National Assembly shall, within the ambit of their tasks and powers, have the responsibility to:

1. Join the Economic and Budgetary Commission in verifying the Government’s socio-economic reports, State budget estimates, plans for central budget allocation and general final settlement of State budget;

2. Join the Law Commission in verifying schemes on the establishment or abolition of ministries or ministerial-level agencies, the establishment, merger, division or re-delimitation of provinces or centrally-run cities;

3. Supervise the implementation of the State budget falling in the fields managed by the Nationality Council or Commissions.

Article 35.- The Nationality Council and the Commissions of the National Assembly shall, within the ambit of their tasks and powers, have the responsibility to receive citizens, study and handle their written complaints and denunciations; supervise the settlement of citizens’ complaints and denunciations falling in the fields of managed by the Nationality Council or Commissions.

Article 36.- The Nationality Council and the Commissions of the National Assembly shall effect external relations and international cooperation under the direction of the National Assembly Standing Committee.

The Nationality Council and the Commissions of the National Assembly shall coordinate with the External Relations Commission in effecting their respective external relations and international cooperation.

Article 37.- Programs of activity of the Nationality Council and Commissions of the National Assembly shall be decided by themselves, based on the Constitution, laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee as well as the direction and regulation of the National Assembly Standing Committee.

Article 38.- The Nationality Council and the Commissions of the National Assembly are entitled to request Government members, chief judge of the Supreme People’s Court, chairman of the Supreme People’s Procuracy and concerned State officials to supply materials or to come to present matters which are considered and verified by the Council or Commissions. Persons receiving the requests of the Council or Commissions of the National Assembly shall have to respond to such requests.

Article 39.- When necessary, the Nationality Council and Commissions of the National Assembly shall send their members to concerned agencies or organizations to consider and verify matters which the Council or Commissions concern about. The concerned agencies or organizations shall have to create conditions for members of the Council or Commissions to perform their tasks.

Article 40.- The Nationality Council and Commissions of the National Assembly are entitled to propose to the Prime Minister and other Government members, the chief judge of the Supreme People’s Court, the chairman of the Supreme People’s Procuracy and the presidents of the People’s Committees of the provinces or centrally-run cities matters which fall within the tasks and powers of the Council or the Commissions. The persons who receive the proposals shall have to consider and reply within fifteen days at most as from the date of receiving the proposals. Past this time limit, if the proposal recipients fail to reply or if the Council or Commissions disagree with the reply contents, the Council or the Commissions may propose the National Assembly chairman to request the replies at the meetings of the National Assembly Standing Committee or the nearest National Assembly session.

Article 41.- When conducting activities of supervision over ministries, ministerial-level agencies, the Supreme People’s Court and/or the Supreme People’s Procuracy and detecting any law violations, the Nationality Council and/or Commissions of the National Assembly may, within the scope of their tasks and powers, request concerned individuals or agencies to consider and, according to their competence, suspend the implementation of, amend or annul illegal documents, stop violation acts and handle violators. Within thirty days after receiving the requests, the individuals or agencies must notify the settlement thereof to the Nationality Council or Commissions of the National Assembly. Past the above-said time limit, if the requested individuals or agencies fail to reply, the Nationality Council or Commissions of the National Assembly may request the Government, the Prime Minister or the National Assembly Standing Committee to consider and decide thereon according to law provisions.

Article 42.- The Nationality Council and Commissions of the National Assembly shall set up sub-committees to study and prepare issues which fall within the scope of operation of the Council or the Commissions. The sub-committee heads must be members of the Council or Commissions; other members may not be members of the Council or Commissions or not be National Assembly deputies.