Chương 4 Luật Tổ chức Quốc hội 2001: Đại biểu quốc hội và đoàn đại biểu quốc hội

Chapter IV

NATIONAL ASSEMBLY DEPUTIES AND ASSOCIATIONS OF NATIONAL ASSEMBLY DEPUTIES

Article 43.- The National Assembly deputies are persons representing the will and aspiration of people, the representatives of not only people in their constituencies but also people throughout the country; and are persons representing people in exercising the state power in the National Assembly.

Article 44.- The term of office of the deputies of each National Assembly legislature shall start from the first session of that legislature to the first session of the National Assembly of the subsequent legislature.

The term of office of the additionally-elected deputies to the National Assembly shall start from the session following the by-election to the first session of the subsequent legislature.

Article 45.- Among the National Assembly deputies, there are deputies working on a full-time basis and there are deputies working on a part-time basis. The number of full-time National Assembly deputies accounts for at least twenty five percent of the total number of the National Assembly deputies.

Article 46.- The National Assembly deputies are answerable to voters and at the same time to the National Assembly for the performance of their tasks as deputies.

The National Assembly deputies must be exemplary in abiding by the Constitution and laws, leading a healthy life and respecting the code of community activities, protecting the legitimate rights and interests of citizens and contributing to the promotion of people’s right to mastery.

The National Assembly deputies have the task to propagate and disseminate laws and mobilize people to observe laws and participate in the management of the State.

Article 47.- The National Assembly deputies have the task to attend the plenary meetings of the National Assembly, meetings of the National Assembly deputies groups and of the National Assembly deputies associations; discuss and vote on issues which fall within the tasks and powers of the National Assembly.

National Assembly deputies being members of the National Council of Commissions of the National Assembly have the responsibility to attend meetings, discuss and vote on issues and participate in other activities which fall within the tasks and powers of the Nationality Council or Commissions, of which they are members.

The National Assembly deputies working on a part-time basis may spare at least one-third of their working time to perform the tasks of deputies. Agencies, organizations and units where the deputies work have the responsibility to create conditions for the deputies to fulfill their tasks.

Article 48.- The National Assembly deputies may propose bills, make motions on laws before the National Assembly, draft ordinances before the National Assembly Standing Committee according to the law-prescribed order and procedures.

Article 49.- The National Assembly deputies have the right to question the State President, the National Assembly chairman, the Prime Minister and other members of the Government, the chief judge of the Supreme People’s Court and the chairman of the Supreme People’s Procuracy. The questioned persons have the responsibility to answer matters questioned by the National Assembly deputies.

While the National Assembly is in session, the National Assembly deputies shall send their questions to the National Assembly chairman. The questioned persons have the responsibility to give answers before the National Assembly at that session. Where an investigation is required, the National Assembly may decide to permit them to answer before the National Assembly Standing Committee or at the next session of the National Assembly or answer in writing.

During the interval of two National Assembly sessions, the questions shall be sent to the National Assembly Standing Committee which shall transfer them to the questioned agencies or persons and decide on the time limits for answering the questions.

If the National Assembly deputies disagree with the reply contents, they may request the National Assembly chairman to put them to discussion before the National Assembly or the National Assembly Standing Committee.

When necessary, the National Assembly or the National Assembly Standing Committee shall issue resolutions on the answer to questions and the responsibility of the questioned persons.

Article 50.- The National Assembly deputies are entitled 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.

Article 51.- The National Assembly deputies must maintain close contacts with voters, submit to the voters supervision, frequently contact voters, inquire into their feelings and aspirations; gather and honestly report on voters ideas and proposals to the National Assembly and the concerned State agencies.

At least once a year, the National Assembly deputies must report to their voters on the performance of their tasks as deputies. Voters may request directly or through the Fatherland Front deputies to report on their work and may give remarks on the performance of the National Assembly deputies tasks.

Article 52.- The National Assembly deputies have the responsibility to receive citizens. Upon receiving proposals, complaints and denunciations from citizens, the National Assembly deputies shall have to study and promptly transfer them to competent persons for settlement and notify the proposal makers, complainants and denouncers thereof, urge and monitor the settlement. The persons with handling competence must notify the concerned National Assembly deputies of the results of settling those proposals, complaints and/or denunciations within the time limits prescribed by the legislation on complaints and denunciations.

In cases where they deem that the settlement of proposals, complaints and/or denunciations is unsatisfactory, the National Assembly deputies are entitled to meet the heads of concerned agencies to inquire into the matters and request the reconsideration thereof. When necessary, the National Assembly deputies may request the heads of the concerned superior bodies of such agencies to settle them.

Article 53.- Upon detecting acts of law violation, which harm the interests of the State, the legitimate rights and interests of social organizations, economic organizations, people’s armed force units or citizens, the National Assembly deputies are entitled to request the concerned individuals, agencies, organizations and/or units to take necessary measures to promptly stop such illegal acts. Within thirty days after receiving the requests, the individuals, agencies, organizations and/or units must notify the National Assembly deputies of the settlement. If past the above-mentioned time limit the concerned individuals, agencies, organizations and/or units fail to answer, the National Assembly deputies may lodge their motions to the heads of the superior agencies, organizations and/or units, and at the same time report them to the National Assembly Standing Committee for consideration and decision.

Article 54.- When performing their tasks, the National Assembly deputies may contact State agencies, social organizations, economic organizations and/or people’s armed force units. The heads of such agencies, organizations or units shall, within the scope of their tasks and powers, have the responsibility to receive and respond to the requests of National Assembly deputies.

Article 55.- The National Assembly deputies are entitled to attend meetings of the People’s Councils at all levels in the localities where they have been elected, to voice their opinions but not to vote.

The chairmen of the People’s Councils at all levels shall inform the National Assembly deputies of the dates when the People’s Councils of their levels meet, invite the deputies to attend and supply necessary documents to them.

Article 56.- Those National Assembly deputies who are no longer worthy of the people’s trust shall be removed from office by the National Assembly or the voters, depending on the seriousness of their errors.

The National Assembly Standing Committee shall decide on bringing the case of removal from office of National Assembly deputies before the National Assembly or voters in localities where such deputies were elected at the proposals of the Vietnam Fatherland Front Central Committee, the provincial/municipal Fatherland Front Committees or of voters in localities where such deputies were elected.

In cases where the National Assembly removes deputies from office, the removal from office must be approved by at least two-thirds of the total number of National Assembly deputies.

In cases where voters remove National Assembly deputies from office, the removal shall be carried out according to the procedures prescribed by the National Assembly Standing Committee.

Article 57.- The National Assembly deputies may apply to resign from performing their representative tasks for health or other reasons. The National Assembly deputies resignation from their task performance shall be approved by the National Assembly; during the interval between two National Assembly sessions, the National Assembly Standing Committee shall decide on the case and report it to the National Assembly at its nearest session.

Article 58.- The National Assembly deputies must not be detained or prosecuted and their places of residence and working must not be searched without the consents of the National Assembly or of the National Assembly Standing Committee when the National Assembly is in recess. The proposal to detain or prosecute National Assembly deputies and/or to search their residential and working places falls under the jurisdiction of the chairman of the Supreme People’s Procuracy.

If National Assembly deputies are put into custody for being caught in the act of committing crimes, the custodial agencies must immediately report such to the National Assembly or the National Assembly Standing Committees for consideration and decision.

Where National Assembly deputies are examined for penal liability, the National Assembly Standing Committee shall decide to suspend the performance of tasks and the exercise of powers by those National Assembly deputies.

Those National Assembly deputies who are sentenced by courts shall naturally lose their rights of the National Assembly deputy as from the dates the court judgements or decisions take legal effect.

The National Assembly deputies cannot be removed from office or dismissed by the agencies or units where they work, if it is not so agreed upon by the National Assembly Standing Committee.

Article 59.- The National Assembly deputies working on a full-time basis shall be given working places and other necessary conditions for their representative activities.

When the full-time National Assembly deputies no longer perform the representative tasks, the competent agencies or organizations shall have to arrange work for such National Assembly deputies.

The duration for which the National Assembly deputies work on a full-time basis shall be counted into their working seniority.

Salaries and other regimes enjoyed by the full-time National Assembly deputies and the allowances for the National Assembly deputies shall be prescribed by the National Assembly Standing Committee.

Article 60.-

1. The National Assembly deputies elected in a province or a centrally-run city gather into an association of National Assembly deputies. Such an association is staffed with deputies working on a full-time basis.

2. The association of National Assembly deputies shall perform the following tasks:

a) Organizing the reception of citizens by National Assembly deputies; coordinating with the Standing Body of the People’s Council, the People’s Committee and the Fatherland Front Committee in the locality in arranging National Assembly deputies to contact voters;

b) Organizing discussions by National Assembly deputies about draft laws, ordinances and other documents, projecting agenda of National Assembly sessions at the request of the National Assembly Standing Committee;

c) Monitoring and urging the settlement of complaints, denunciations and proposals of citizens, which have been forwarded to agencies or organizations by National Assembly deputies and/or associations of National Assembly deputies;

d) Organizing the supervision by National Assembly deputies of the law observance in the locality;

e) Reporting to the National Assembly Standing Committee on the activities of the association of National Assembly deputies and the National Assembly deputies.

3. An association of National Assembly deputies has its own headquarter, assisting bureau and operational fund as provided for by the National Assembly Standing Committee.

Article 61.- An association of National Assembly deputies has its head and deputy-head. The head of the association of National Assembly deputies has the following tasks:

1. Making arrangement so that the National Assembly deputies in the association perform the tasks of National Assembly deputies and of the association of National Assembly deputies;

2. Maintaining contacts with the National Assembly chairman, the National Assembly Standing Committee, the National Assembly deputies in the association, the Standing Body of the People’s Council, the People’s Committee and Fatherland Front Committee in the locality as well as the National Assembly’s Office.