Chương II Luật Tổ chức Quốc hội 2014: Đại biểu Quốc hội

Chapter II

NATIONAL ASSEMBLY DEPUTIES

Article 21. Position and role of National Assembly deputies

1. A National Assembly deputy shall represent the will and aspirations of the People of his/her constituency and of the whole country and exercise the state power in the National Assembly on behalf of the People.

2. A National Assembly deputy shall take responsibility before voters and the National Assembly for the performance of his/her tasks and exercise of his/her powers as a deputy.

3. National Assembly deputies are equal in discussing and deciding on matters within the tasks and powers of the National Assembly.

Article 22. Criteria of National Assembly deputies

1. To be loyal to the Fatherland, the People and the Constitution, to strive to carry out the renewal cause for the goal of a prosperous people and a strong, democratic, equitable and civilized country.

2. To possess moral qualities, to be diligent, thrifty, incorruptible, public-spirited and selfless, exemplary in the observance of law; to have the spirit and be determined to control corruption, waste and all manifestations of bureaucracy, imperiousness and authoritarianism and other illegal acts.

3. To possess educational and professional qualifications, to have full capacity, health, work experience and prestige to perform the tasks of a National Assembly deputy.

4. To keep close ties with the People, to listen to opinions of the People, to gain confidence of the People.

5. To have the conditions to participate in the activities of the National Assembly.

Article 23. Number of National Assembly deputies

1. The total number of National Assembly deputies must not exceed 500, including fulltime and part-time National Assembly deputies.

2. The number of full-time National Assembly deputies must account for at least thirty five percent of the total number of National Assembly deputies.

Article 24. Activity time of National Assembly deputies

1. Full-time National Assembly deputies shall spend all their working time performing their tasks and exercising their powers at agencies of the National Assembly or National Assembly deputies’ delegations in localities.

2. Part-time National Assembly deputies shall spend at least one-third of their working time in a year performing the tasks and exercising the powers of a deputy. Heads of agencies, organizations or units where the National Assembly deputies work shall arrange time and work and create necessary conditions for the deputies to perform their tasks and exercise their powers.

Article 25. Term of office of National Assembly deputies

The term of office of National Assembly deputies must follow the term of the National Assembly.

The term of office of additionally elected National Assembly deputies must last from the date of opening of the session following the by-election to the date of opening of the first session of the National Assembly of the succeeding term.

Article 26. Responsibility for participation in activities of the National Assembly and its agencies

1. National Assembly deputies shall attend all sessions and plenary meetings of the National Assembly; participate in the activities of National Assembly deputies’ delegations; and discuss and vote on issues which fall within the tasks and powers of the National Assembly.

2. National Assembly deputies who are members of the Ethnic Council or Committees of the National Assembly shall attend meetings and participate in other activities of the Council or Committees; and discuss and vote on issues which fall within the tasks and powers of their Council or Committees.

3. Full-time National Assembly deputies shall attend conferences of full-time National Assembly deputies and other conferences convened by the Standing Committee of the National Assembly.

Article 27. Responsibility toward voters

1. National Assembly deputies shall keep close ties with voters and submit to the voter supervision; frequently contact voters, inquire into their feelings and aspirations; collect voters’ opinions and petitions and honestly report them to the National Assembly and concerned agencies and organizations; and inform the People of, and mobilize them to implement, the Constitution and laws.

2. National Assembly deputies shall meet voters of their constituencies under voter meeting programs of the National Assembly deputies’ delegations. National Assembly deputies may meet voters at their places of residence and workplaces; meet voters by theme, field, category or geographical area about which the deputies are concerned. During these meetings, National Assembly deputies shall report to voters on their activities and activities of the National Assembly; voters or their representatives at constituencies may contribute their opinions to National Assembly deputies in voter conferences which are jointly held by the National Assembly deputies’ delegations, the Fatherland Front Committees and local administrations when necessary.

Article 28. Responsibility for receiving citizens, receiving and settling complaints, denunciations and petitions of citizens

1. National Assembly deputies shall receive citizens in accordance with law.

2. Upon receiving a complaint, denunciation or petition from a citizen, a National Assembly deputy shall study and promptly forward it to a competent person for settlement and notify the complainant, denouncer or petitioner thereof; and press for, monitor and oversee the settlement. The competent person shall notify the National Assembly deputy of the result of settling such complaint, denunciation or petition within the time limit prescribed by law.

3. In case he/she considers that the settlement of a complaint, denunciation or petition is unlawful, a National Assembly deputy is entitled to meet the head of the concerned agency, organization or unit to inquire into the case and request the re-consideration thereof. When necessary, the National Assembly deputy may request the head of the immediate superior agency, organization or unit of that agency, organization or unit to settle.

Article 29. The right to submit bills and draft ordinances and motions on laws and ordinances

1. A National Assembly deputy has the right to submit bills or draft ordinances or motions on laws or ordinances to the National Assembly or its Standing Committee according to the order and procedures prescribed by law.

2. A National Assembly deputy may receive counseling and assistance in making and completing dossiers of bills or draft ordinances or motions on laws or ordinances in accordance with law.

Article 30. The right to join as members in, and participate in the activities of, the Ethnic Council and Committees of the National Assembly

1. A National Assembly deputy has the right to join as member in the Ethnic Council or a Committee of the National Assembly.

On the basis of his/her professional qualifications and work experience, a National Assembly deputy may register to be a member of the Ethnic Council or a Committee of the National Assembly. Based on the registrations of National Assembly deputies, the Chairperson of the Ethnic Council and Chairpersons of the Committees of the National Assembly shall make a list of members of the Council or Committees and submit it to the Standing Committee of the National Assembly for approval.

2. A National Assembly deputy who is not a member of the Ethnic Council or of a Committee of the National Assembly may register to attend meetings of the Council or Committee to discuss issues about which he/she is concerned.

Article 31. The right to stand for election and nominate candidates for election for the positions elected by the National Assembly

1. A National Assembly deputy has the right to stand for election or nominate candidates for election for the positions elected by the National Assembly prescribed in Article 8 of this Law.

2. A nominee has the right to withdraw from the list of candidates for election.

Article 32. The right to question

1. A National Assembly deputy has the right to raise questions to the President, Chairperson of the National Assembly, Prime Minister, ministers and other members of the Government, Chief Justice of the Supreme People’s Court, Procurator General of the Supreme People’s Procuracy and State Auditor General.

2. The questioned person shall present his/her answers before the National Assembly at a session of the National Assembly or, in the recess of two National Assembly sessions, at a meeting of the Standing Committee of National Assembly; the National Assembly or its Standing Committee may, as necessary, allow the questioned person to give written answers.

3. A National Assembly deputy who disagrees with the answers has the right to raise questions again at a meeting of the National Assembly or the Standing Committee of the National Assembly or to send written questions to the questioned person.

Article 33. The right to propose

1. A National Assembly deputy has the right to propose the National Assembly to make or amend the Constitution, hold a referendum, establish an ad-hoc Committee of the National Assembly, cast votes of confidence on holders of positions elected or approved by the National Assembly or convene an extraordinary or closed meeting of the National Assembly and to make proposals on other issues the National Assembly deputy finds necessary.

2. A National Assembly deputy’s proposal shall be made in writing, specifying the reason for and contents of the proposal, and sent to the Standing Committee of the National Assembly.

The Standing Committee of the National Assembly shall summarize and process proposals of National Assembly deputies according to its competence and report to the National Assembly in the cases prescribed in Clause 3 of this Article or in other cases it finds necessary.

3. When at least one-third of the total number of National Assembly deputies propose the National Assembly to make or amend the Constitution, hold a referendum, establish an ad-hoc Committee of the National Assembly or convene an extraordinary or closed meeting of the National Assembly, or twenty percent or more of the total number of National Assembly deputies propose the National Assembly to cast votes of confidence on a person holding a position elected or approved by the National Assembly, the Standing Committee of the National Assembly shall report such to the National Assembly for consideration and decision.

4. The number of proposals required in Clause 3 of this Article is the total number of proposals received by the Standing Committee of the National Assembly from the opening date of a session to before the opening date of the next session, or, in case the National Assembly deputies propose the National Assembly to convene a closed meeting, to before the opening date of the meeting of the National Assembly on the related issue.

5. A National Assembly deputy has the right to propose agencies, organizations or individuals to apply necessary measures to implement the Constitution or law or protect the rights and interests of the State, human rights or lawful rights and interests of citizens.

Article 34. The right to request when detecting illegal acts

1. When detecting an illegal act which harms the interests of the State or lawful rights and interests of an organization or individual, a National Assembly deputy has the right to request concerned agencies and organizations to take necessary measures to promptly stop that act.

2. Within 15 days after receiving a National Assembly deputy’s request, an agency or organization shall settle that request and notify in writing the National Assembly deputy thereof. Past this time limit, if the agency or organization fails to reply, the National Assembly deputy may request the head of the superior agency or organization of that agency or organization to consider and settle his/her request.

Article 35. The right to request provision of information

1. When performing his/her tasks or exercising his/her powers, a National Assembly deputy has the right to request agencies, organizations and individuals to provide information and documents related to their tasks.

2. The head of an agency or organization or a person shall respond to the requests of National Assembly deputies within the time limit prescribed by law.

Article 36. The right to attend People’s Council sessions

1. A National Assembly deputy has the right to attend sessions of the People’s Councils of all levels in the locality where he/she was elected, to give opinions on state management issues, issues related to the People’s life and other issues about which he/she is concerned.

2. Chairpersons of People’s Councils of all levels shall notify the National Assembly deputies who stand for election in their localities of the time, contents and agendas of the sessions of their People’s Councils, invite the deputies to attend and provide necessary documents to them.

Article 37. The right to immunity of National Assembly deputies

1. 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.

2. 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.

Article 38. Change of work, application to resign from performing the tasks of a National Assembly deputy

1. During his/her term of office, a National Assembly deputy who moves to work in another province or centrally run city may join the National Assembly deputies’ delegation of the locality of his/her new workplace.

2. A National Assembly deputy may apply to resign from performing the tasks of a deputy for health or other reasons. The approval of such application shall be decided by the National Assembly or, when the National Assembly is in recess, by the Standing Committee of the National Assembly, which shall report its decision to the National Assembly at its next session.

3. A National Assembly deputy may resign from performing the tasks of a deputy on the date the National Assembly or its Standing Committee approves the resolution to permit him her to do so.

Article 39. Suspension or loss of the rights of National Assembly deputies

1. 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.

2. 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.

Article 40. Removal from office of National Assembly deputies

1. A National Assembly deputy who no longer deserves the People’s confidence shall be removed from office by the National Assembly or voters.

2. In case a National Assembly deputy is removed from office by the National Assembly, such removal shall be voted for by at least two-thirds of the total number of National Assembly deputies.

3. In case a National Assembly deputy is removed from office by voters, such removal shall be carried out in the order stipulated by the Standing Committee of the National Assembly.

Article 41. Allowances and other benefits of National Assembly deputies

1. Allowances and other benefits of full-time National Assembly deputies and allowances of National Assembly deputies who are not salaried by the state budget shall be stipulated by the Standing Committee of the National Assembly.

2. National Assembly deputies shall be provided with monthly activity allowances and funds for contractual hiring of experts and secretaries and other activities to serve their activities as stipulated by the Standing Committee of the National Assembly.

Article 42. Guaranteed conditions for National Assembly deputies

1. 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.

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

3. 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.

Article 43. National Assembly deputies’ delegations

1. A National Assembly deputies’ delegation is the organization of National Assembly deputies elected in a province or centrally run city or moving to work in this province or city.

2. A National Assembly deputies’ delegation has the following tasks and powers:

a/ To organize the reception of citizens by National Assembly deputies; to coordinate with the standing bodies of the local People’s Council, People’s Committee and Fatherland Front Committee in arranging and ensuring conditions for National Assembly deputies to contact voters in appropriate forms;

b/ To organize discussions by National Assembly deputies on bills, draft ordinances and other draft documents and on tentative agendas of the National Assembly sessions at the request of the Standing Committee of the National Assembly;

c/ To organize the oversight by the delegation and organize the oversight by its National Assembly deputies in the locality; to join and coordinate with the Ethnic Council and Committees of the National Assembly in their oversight activities in the locality; to monitor and press for the settlement of citizens’ complaints, denunciations and petitions forwarded by National Assembly deputies and the delegation to competent agencies, organizations, units and persons; to request concerned agencies, organizations and persons to provide information and report on issues about which the delegation is concerned;

d/ To report to the Standing Committee of the National Assembly on activities of the delegation and its National Assembly deputies;

dd/ To manage and direct activities of the delegation’s Office.

3. A National Assembly deputies’ delegation must have its Head or Deputy Head who is a full-time National Assembly deputy. The Head and Deputy Head of the delegation shall be elected by the National Assembly deputies’ delegation from among its deputies and approved by the Standing Committee of the National Assembly.

The Head of a National Assembly deputies’ delegation shall organize and administer activities of the delegation.

The Deputy Head shall assist the Head in performing tasks as assigned by the latter. When the Head is absent, the Deputy Head shall be authorized by the Head to perform the former’s tasks.

4. A National Assembly deputies’ delegation must have a working office. The Office of a National Assembly deputies’ delegation is the body advising, assisting and serving activities of the deputies and the delegation in the locality. Operation funds of the National Assembly deputies’ delegations shall be ensured by the state budget.