Chương 5 Luật Tổ chức Quốc hội 2001: Kỳ họp quốc hội

Chapter V

NATIONAL ASSEMBLY SESSIONS

Article 62.- The National Assembly holds two regular sessions a year.

The National Assembly Standing Committee shall convene irregular sessions in cases where it is so requested by the State President, the Prime Minister or at least by one-third of the total number of National Assembly deputies or where it is so decided by itself.

Article 63.- The National Assembly Standing Committee projects the agenda of National Assembly sessions; the National Assembly Standing Committee of the preceding legislature projects the agendum of the first session of the National Assembly of the new legislature.

Article 64.- The National Assembly Standing Committee shall decide on the convening of a regular National Assembly session at least thirty days or an irregular National Assembly session at least seven days, before the session opens.

The projected agenda of sessions shall be forwarded to the National Assembly deputies together with the decisions to convene the sessions.

Article 65.- The first session of each National Assembly legislature shall be convened by the Standing Committee of the preceding National Assembly legislature within sixty days as from the date of election of National Assembly deputies.

The first session of each National Assembly legislature shall be opened and presided over by the chairman of the National Assembly of the preceding legislature until the National Assembly elects the chairman of the National Assembly of the new legislature.

Article 66.- The agenda of the National Assembly sessions shall be decided by the National Assembly.

The National Assembly deputies are entitled to propose amendments and/or supplements to the approved session agenda. The amendment and/or supplementation of session agenda must be voted for by more than half of the total number of the National Assembly deputies.

Article 67.- The National Assembly meets openly.

In case of necessity, at the request of the State President, the National Assembly Standing Committee, the Prime Minister or at least one-third of the total number of National Assembly deputies, the National Assembly shall decide to meet behind the closed door.

Article 68.- Issues included in the agenda of National Assembly sessions shall be discussed and decided at the plenary meetings. In case of necessity, the National Assembly shall decide to hold discussions within the Nationality Council, Commissions of the National Assembly, groups of National Assembly deputies, associations of National Assembly deputies.

Article 69.- Government members who are not National Assembly deputies and invited to attend National Assembly sessions have the responsibility to attend the plenary meetings of the National Assembly when the latter consider matters related to branches or domains under their respective management; may voice their opinions on matters related to their respective branches or domains at the request of the National Assembly or at such members’ own requests which are consented by the National Assembly.

Article 70.- Representatives of State agencies, social organizations, economic organizations, people�s armed force units, press agencies, citizens and foreign guests may be invited to attend public meetings of the National Assembly.

Article 71.- The State President, the Standing Committee, the Nationality Council and Commissions of the National Assembly, the Government, the Supreme People’s Court, the Supreme People’s Procuracy, Vietnam Fatherland Front and its member organizations, and National Assembly deputies are entitled to present bills before the National Assembly.

The right to present bills shall be exercised with the presentation of new bills, bills on amending and/or supplementing current laws.

The National Assembly deputies shall exercise the right to propose laws through their proposals on the promulgation of new laws or amendment and/or supplementation of current laws.

Article 72.- The National Assembly shall decide on the term-long or annual law- and ordinance-making programs at the proposal of the National Assembly Standing Committee.

Before being submitted to the National Assembly, the bills must be verified by the Nationality Council or concerned Commissions of the National Assembly, commented by the National Assembly Standing Committee and sent to the National Assembly deputies at least twenty days before the sessions start.

For bills presented by the National Assembly Standing Committee, the National Assembly shall decide on the verifying bodies or set up the ad hoc committees to verify such bills.

Article 73.- The National Assembly shall consider and pass bills into laws at one or several sessions of the National Assembly.

The National Assembly discuss bills after the bill- submitting agencies, organizations or individuals explain the bills contents and the Nationality Council or concerned Commissions present the reports on verification thereof.

The National Assembly Standing Committee shall direct the concerned agencies to receive opinions of National Assembly deputies and revise the bills.

The National Assembly shall hear reports on reception of National Assembly deputies comments, hear the revised drafts and consider then pass the bills into laws.

Article 74.- The National Assembly decides on long-term and annual socio-economic development plans of the country; important national projects; national financial and monetary policies, State budget estimates and central budget allocations.

The Government shall submit to the National Assembly projected plans, State budget estimates and central budget allocations of the subsequent year at the National Assembly session at the end of the preceding year.

The National Assembly shall ratify general final State budget settlement submitted by the Government within fifteen months at most after the budgetary year ends.

Projects must be sent to the National Assembly deputies at least ten days before the sessions open.

Article 75.- The National Assembly shall consider important State projects and works after hearing the explanation by the Government, the verification report by the Nationality Council of concerned Commissions and vote to approve them after the discussions by the National Assembly.

The National Assembly shall approve projects by voting on issue by issue, then voting on the whole projects or voting on the whole projects once.

Article 76.- The National Assembly shall consider reports on sum-up of voters’ opinions and proposals.

The concerned State agencies, organizations and units shall have to study, settle and respond to voters proposals and report to the National Assembly on the settlement results.

When necessary, the National Assembly shall issue resolutions on the settlement of voters’ proposals.

Article 77.- The National Assembly shall consider and discuss reports on activities of the Standing Committee, the Nationality Council or Commissions of the National Assembly, the Government, the Supreme People’s Court and the Supreme People’s Procuracy at the year-end sessions. At the mid-year sessions, these bodies shall send their working reports to the National Assembly deputies, which, when necessary, can be considered and discussed by the National Assembly.

The National Assembly may issue resolutions on the reported activities of agencies.

Article 78.- At the final session of the each National Assembly legislature, the National Assembly shall consider and discuss reports on the whole-term activities of the National Assembly, the State President, the National Assembly Standing Committee, the Nationality Council and Commissions of the National Assembly, the Prime Minister, the chief judge of the Supreme People’s Court and the chairman of the Supreme People’s Procuracy.

The report on whole-term activities of the National Assembly shall be prepared by the National Assembly Standing Committee.

Article 79.- At the first meeting of the first session of each legislature, the National Assembly shall elect a Committee for Verification of Deputies Qualities, which is composed of a head, a deputy-head and members recommended by the National Assembly chairman among the National Assembly deputies.

Basing itself on the report of the Committee for Verification of Deputies Qualities, the National Assembly shall decide on the acknowledgement of the qualities of the elected deputies, and declare particular cases where the election of deputies is not valid.

The Committee for Verification of Deputies Qualities shall fulfill its task when the verification of deputies qualities is completed.

Article 80.- The National Assembly shall elect its chairman and vice-chairmen as well as members of its Standing Committee among the National Assembly deputies according to the list of nominees recommended for such positions by the National Assembly Standing Committee of the preceding legislature.

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

Article 81.- The National Assembly shall elect the State President recommended by its Standing Committee among the National Assembly deputies.

At the proposal of the State President, the National Assembly shall elect the State Vice-President among the National Assembly deputies; ratify the list of members of the Defense and Security Council.

Article 82.- The National Assembly shall elect the chairman, vice-chairmen and members of the Nationality Council among the National Assembly deputies according to the list of nominees recommended by the National Assembly chairman for such positions.

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

Article 83.- The National Assembly shall elect the director, deputy-directors and members of each Commission among its deputies according to the list of nominees recommended for such positions by the National Assembly chairman.

The number of deputy-directors and the number of members of each Commission shall be decided by the National Assembly.

Article 84.- The National Assembly shall elect the Prime Minister among the National Assembly deputies recommended by the State President.

The National Assembly shall ratify the proposal of the Prime Minister on the appointment of deputy- prime ministers, ministers and other members of the Government according to the list of nominees for such positions.

Article 85.- The National Assembly shall elect the chief judge of the Supreme People’s Court and the chairman of the Supreme People’s Procuracy among its deputies recommended by the State President.

Article 86.- The National Assembly shall elect the Secretariat of sessions of each legislature, consisting of the chief secretary and secretaries among the National Assembly deputies according to the list of nominees recommended by the National Assembly chairman.

The Secretariat has the following tasks and powers:

1. To record the minutes of each meeting, the minutes of each session; to prepare the communiques on National Assembly meetings; sum up opinions of the National Assembly deputies at the National Assembly sessions;

2. To coordinate with the Nationality Council, Commissions of the National Assembly and concerned agencies in revising bills and draft resolutions to be submitted to the National Assembly;

3. To perform other tasks assigned by the National Assembly chairman.

The National Assembly chairman of the preceding legislature shall designate the provisional secretaries for meetings of the first session of the new legislature until the National Assembly elect the Secretariat.

Article 87.- Those who are elected or have their appointment ratified by the National Assembly but cannot fulfill their duties for health or other reasons may ask for their resignation.

Article 88.-

1. The National Assembly shall cast votes of confidence on persons who hold positions elected or ratified by the National Assembly at the proposal of the National Assembly Standing Committee according to the following order:

a) The National Assembly Standing Committee shall submit to the National Assembly the votes of confidence;

b) The persons put on the votes of confidence are entitled to express their opinions before the National Assembly;

c) The National Assembly holds discussion and casts the votes of confidence.

2. In cases where more than half of the total number of the National Assembly deputies give their votes of no-confidence, the agencies or persons who have recommended the target persons for election or proposed the ratification of the appointment thereof shall have to submit to the National Assembly for consideration, decision or ratification the removal from office, dismissal of persons who have not gained the confidence of the National Assembly.

Article 89.- At sessions subsequent to the first session, in case of necessity, the National Assembly shall elect, relieve from duty or remove from office the National Assembly chairman, vice-chairmen and/or members of the National Assembly Standing Committee at the proposal of the National Assembly Standing Committee.

The National Assembly shall remove from office or dismiss, or ratify the proposals on the removal from office or dismissal of, persons who hold positions elected or whose appointments are ratified by the National Assembly, as provided for in Articles 81, 82, 83, 84, 85 and 86 of this Law, at the proposal of the agencies or the persons who have recommended such persons for election or have proposed the ratification of their appointment to those positions.

The election or ratification of substitutes to the above-mentioned positions shall comply with the provisions in Articles 80, 81, 82, 83, 84, 85 and 86 of this Law.

Article 90.- At the first session of each legislature, the National Assembly Standing Committee, the Prime Minister, the chief judge of the Supreme People’s Court and the chairman of the Supreme People’s Procuracy shall report on their activities from the final session of the preceding legislature to the first session of the new legislature.

Article 91.- Laws and resolutions of the National Assembly must be voted for by more than half of the total number of the National Assembly deputies. For resolutions on removal from office of National Assembly deputies, shortening or prolongation of the National Assembly’s term, amendment of the Constitution must be voted for by at least two-thirds of the total number of National Assembly deputies.

Laws and resolutions of the National Assembly must be signed for confirmation by the National Assembly chairman and promulgated by the State President within fifteen days at most as from they dates they are passed.