Chương III Luật Tổ chức Quốc hội 2014: Ủy ban thường vụ Quốc hội và Chủ tịch Quốc hội

Chapter III

THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY AND THE CHAIRPERSON OF THE NATIONAL ASSEMBLY

Article 44. Position, functions and organizational structure of the Standing Committee of the National Assembly

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

2. The Standing Committee of the National Assembly shall be composed of the Chairperson, who is the Chairperson of the National Assembly, Vice Chairpersons, who are Vice Chairpersons of the National Assembly, and Members. Members of the Standing Committee of the National Assembly must be National Assembly deputies who work on a full-time basis and may not concurrently be members of the Government. The numbers of Vice Chairpersons and Members of the Standing Committee of the National Assembly shall be decided by the National Assembly.

3. The term of office of the Standing Committee of the National Assembly must start from the time the Standing Committee is elected by the National Assembly and end when a new Standing Committee is elected by the new National Assembly.

Article 45. Responsibilities of members of the Standing Committee of the National Assembly

1. Members of the Standing Committee of the National Assembly shall take collegial responsibility for the performance of tasks and exercise of powers of the Standing Committee; take personal responsibility before the Standing Committee for issues assigned by the latter; attend meetings of the Standing Committee and discuss and vote on matters falling within its tasks and powers.

2. When authorized by the Standing Committee of the National Assembly, its members may represent the Standing Committee to work with ministries, sectors and other agencies and organizations and report on working results to the Standing Committee.

Article 46. Work coordination between the Standing Committee of the National Assembly and agencies, organizations, units and individuals

1. When performing its tasks and exercising its powers, the Standing Committee of the National Assembly shall coordinate with the President, the Government, the Prime Minister, the Supreme People’s Court, the Supreme People’s Procuracy, the State Auditor General, the National Election Council and the Presidium of the Vietnam Fatherland Front Central Committee; and, when necessary, request the participation of representatives from other agencies and organizations and citizens.

2. The Government, the Supreme People’s Court, the Supreme People’s Procuracy, other state agencies, socio-political organizations, social organizations, socio-professional organizations,, economic organizations, people’s armed forces units and citizens shall respond to requests of the Standing Committee of the National Assembly.

Article 47. The Standing Committee of the National Assembly preparing, convening and presiding over National Assembly sessions

1. To prepare agendas of National Assembly sessions and decide to convene the sessions.

2. To direct, harmonize and coordinate activities of concerned agencies in preparing the agendas of the sessions; to consider and give opinions on the preparation of bills, draft resolutions, reports and other draft documents to be submitted to the National Assembly; to consider summary reports on discussion results of the Ethnic Council, Committees of the National Assembly, and of National Assembly deputies in their delegations; to project issues to be discussed at the plenary meetings of the National Assembly.

3. To organize and ensure the implementation of the agendas of National Assembly sessions, to propose the National Assembly to adjust the agendas when necessary.

4. To organize the National Assembly’s voting to pass bills, draft resolutions and other issues falling within the tasks and powers of the National Assembly.

5. To coordinate with the Vietnam Fatherland Front Central Committee in presenting to the National Assembly summary reports on opinions and petitions of voters nationwide; to propose the National Assembly to discuss and adopt resolutions on the settlement of voters’ petitions.

6. To decide on other issues related to National Assembly sessions.

Article 48. Making of laws and ordinances

1. The Standing Committee of the National Assembly shall draft law- and ordinance-making programs and submit them to the National Assembly for decision; direct the implementation of the law- and ordinance-making programs; adjust these programs and report the adjustments to the National Assembly at its next session; set up drafting committees and designate agencies to verify bills and draft ordinances in accordance with law; give comments on bills before they are submitted to the National Assembly; direct the study, assimilation and justification of opinions of National Assembly deputies in order to revise and finalize bills and submit them to the National Assembly for consideration and passage.

2. The Standing Committee of the National Assembly shall enact ordinances on matters assigned by the National Assembly.

Draft ordinances shall be verified by the Ethnic Council or Committees of the National Assembly before they are submitted to the Standing Committee of the National Assembly. When necessary, the Standing Committee of the National Assembly shall decide to send draft ordinances to National Assembly deputies for comment before passage.

Article 49. Interpretation of the Constitution, laws and ordinances

1. The Standing Committee of the National Assembly shall decide to interpret the Constitution, a law or an ordinance on its own decision or at the proposal of the President, the Government, the Supreme People’s Court, the Supreme People’s Procuracy, the Ethnic Council, a Committee of the National Assembly, the Vietnam Fatherland Front Central Committee or the central agency of a member organization of the Front or at the request of National Assembly deputies.

2. Depending on the nature and content of the matter to be interpreted, the Standing Committee of the National Assembly shall assign the Government, the Supreme People’s Court, the Supreme People’s Procuracy or the Ethnic Council or a Committee of the National Assembly to draft a resolution on the interpretation of the Constitution or a law or an ordinance and submit it to the Standing Committee for consideration and decision.

3. A draft resolution on the interpretation of the Constitution or a law or an ordinance shall be verified by the Ethnic Council or a Committee of the National Assembly in terms of conformity with the spirit and contents of the interpreted provisions of the Constitution, law or ordinance.

Article 50. Oversight by the Standing Committee of the National Assembly

1. The Standing Committee of the National Assembly shall organize the implementation of the oversight program of the National Assembly and, when the National Assembly is in recess, adjust this program and report it to the National Assembly at its next session.

2. The Standing Committee of the National Assembly shall oversee the implementation of the Constitution, laws and resolutions of the National Assembly and ordinances and resolutions of the Standing Committee of the National Assembly; and activities of the Government, the Supreme People’s Court, the Supreme People’s Procuracy, the State Audit Office and other agencies established by the National Assembly.

Article 51. Suspension and annulment of documents of central state agencies

1. The Standing Committee of the National Assembly shall suspend on its own decision or at the proposal of the Ethnic Council, Committees or deputies of the National Assembly the implementation of a document of the Government, the Prime Minister, the Supreme People’s Court, the Supreme People’s Procuracy or another agency established by the National Assembly which contravenes the Constitution or a law or resolution of the National Assembly, and propose the National Assembly to annul that document at its next session.

2. The Standing Committee of the National Assembly shall annul on its own decision or at the proposal of the Ethnic Council, Committees or deputies of the National Assembly a document of the Government, the Prime Minister, the Supreme People’s Court, the Supreme People’s Procuracy or another agency established by the National Assembly which contravenes an ordinance or a resolution of the Standing Committee of the National Assembly.

Article 52. The Standing Committee of the National Assembly directing, harmonizing and coordinating activities of the Ethnic Council and Committees of the National Assembly

1. To assign the Ethnic Council or Committees of the National Assembly to verify bills, draft ordinances and resolutions, and other reports and documents except in cases decided by the National Assembly; to assign the Ethnic Council or Committees of the National Assembly to implement the National Assembly’s oversight program and other contents as requested by the National Assembly; to assign the Ethnic Council or Committees of the National Assembly to oversee a number of matters under the oversight program of the Standing Committee of the National Assembly.

2. To request the Ethnic Council and Committees of the National Assembly to periodically report on their activity programs and plans and the implementation thereof.

3. To coordinate activities of the Ethnic Council and Committees of the National Assembly carried out in the same locality or with the same agency or organization.

4. To consider and respond to proposals of the Ethnic Council or Committees of the National Assembly.

5. When necessary, the Chairperson or a Vice Chairperson of the National Assembly shall work with the Chairperson or the standing body of the Ethnic Council or the Chairperson or the standing body of a Committee of the National Assembly on matters falling within the tasks and powers of the Ethnic Council or that Committee.

Article 53. Responsibility of the Standing Committee of the National Assembly for the election, relief of duty, removal from office and approval of positions in the state apparatus

1. To propose the National Assembly to elect, relieve of duty and remove from office the President, Chairperson of the National Assembly, Vice Chairperson of the National Assembly, Member of the Standing Committee of the National Assembly, Chairperson of the Ethnic Council, Chairperson of a Committee of the National Assembly, Chairperson of the National Election Council, State Auditor General and Secretary General of the National Assembly.

2. To decide on the numbers of Vice Chairpersons, standing Members, full-time Members and other Members of the Ethnic Council, the numbers of Vice Chairpersons, standing Members, full-time Members and other Members of a Committee of the National Assembly; to approve the list of Vice Chairpersons, standing Members, full-time Members and other Members of the Ethnic Council, and approve the resignation of members of the Ethnic Council at the proposal of the Chairperson of the Ethnic Council; to approve the list of Vice Chairpersons, standing Members, full-time Members and other Members of a Committee of the National Assembly and approve the resignation of members of the Committee at the proposal of the Chairperson of the Committee.

3. To approve the proposals of the Prime Minister on the appointment and relief of duty of ambassadors extraordinary and plenipotentiary of the Socialist Republic of Vietnam.

4. To approve results of election of Heads and Deputy Heads of National Assembly deputies’ delegations.

5. To approve results of election of Chairpersons and Vice Chairpersons of provincial- level People’s Councils.

Article 54. Responsibility of the Standing Committee of the National Assembly for activities of National Assembly deputies and National Assembly deputies’ delegations

1. To guide activities of National Assembly deputies and National Assembly deputies’ delegations; to consider activity reports of National Assembly deputies’ delegations and National Assembly deputies.

2. To receive questions of National Assembly deputies and forward them to questioned persons and decide on the deadline and form of answering; to receive and summarize proposals of National Assembly deputies; to present to the National Assembly for consideration proposals of National Assembly deputies prescribed in Clause 3, Article 33 of this Law; to consider and respond to other proposals of National Assembly deputies; when necessary, to send oversight or working teams to localities to examine matters proposed by National Assembly deputies and National Assembly deputies’ delegations.

3. To stipulate operation allowances and other allowances and benefits and conditions to ensure activities of National Assembly deputies; to decide on the distribution of the operation funds to National Assembly deputies’ delegations.

4. When the National Assembly is in recess, to consider proposals of the Procurator General of the Supreme People’s Procuracy on the arrest, custody, detention of and institution of criminal cases against National Assembly deputies and persons being elected to the National Assembly, search of places of residence and workplaces of National Assembly deputies; to decide to suspend the performance of tasks and exercise of powers of National Assembly deputies who are charged with an offence; to report to the National Assembly on the loss of representative powers of National Assembly deputies.

5. To consider and decide on the transfer of National Assembly deputies to work in other National Assembly deputies’ delegations when they move to work in other provinces or centrally run cities. To consider proposals of agencies, organizations or units where National Assembly deputies work on the removal from office, dismissal, resignation and sack of these deputies.

6. To decide to propose the National Assembly or voters of constituencies to remove from office National Assembly deputies at the proposal of the Vietnam Fatherland Front Central

Committee or provincial-level Fatherland Front Committees; to decide to approve, when the National Assembly is in recess, the resignation by National Assembly deputies from performing their representative tasks, and report such to the National Assembly at the next session.

Article 55. The Standing Committee of the National Assembly overseeing and guiding activities of People’s Councils

1. To oversee and guide the activities of People’s Councils.

2. To annul on its own decision or at the proposal of the Prime Minister the Ethnic Council, a Committee or deputies of the National Assembly or annul resolutions of provincial-level People’s Councils that contravene the Constitution, laws or documents of superior state agencies.

3. To dissolve on its own decision or at the proposal of the Government provincial-level People’s Councils in case they cause serious harms to the People’s interests.

Article 56. Establishment, dissolution, consolidation, separation, and adjustment of boundaries of, administrative units under provinces or centrally run cities

1. The Standing Committee of the National Assembly shall decide on the establishment, dissolution, consolidation, separation, or adjustment of the boundaries of, administrative units under provinces or centrally run cities at the proposal of the Government.

2. Plans on the establishment, dissolution, consolidation, separation, or adjustment of boundaries of, administrative units under provinces or centrally run cities shall be verified by Committees of the National Assembly before they are submitted to the Standing Committee of the National Assembly for consideration and decision.

Article 57. Decision on state of war and general or partial mobilization; declaration or cancellation of state of emergency

1. In case the National Assembly cannot meet, the Standing Committee of the National Assembly shall decide on a state of war at the proposal of the National Defense and Security Council and report such to the National Assembly at the next session; and decide on general or partial mobilization at the proposal of the National Defense and Security Council or the Prime Minister.

2. The Standing Committee of the National Assembly shall, at the proposal of the Prime Minister, declare a state of emergency nationwide or in each locality when the whole country or one or more than one locality suffer(s) a serious disaster caused by nature or humans or a widespread dangerous epidemic which poses a serious threat to property of the State or organizations, life, health or property of the People or is in a situation which poses a serious threat to national security and social order and safety. When the state of emergency no longer exists, the Standing Committee of the National Assembly shall decide to cancel such state at the proposal of the Prime Minister.

Article 58. Responsibility of the Standing Committee of the National Assembly for external relations of the National Assembly

1. To report to the National Assembly on issues within the State’s external policy related to the relationships with the national assemblies of other countries, international and regional inter-parliamentary organizations and other international organizations. When the National Assembly is in recess, to consider the Government’s reports on external relations affairs; to give comments on issues within the State’s basic external policy before they are submitted to the National Assembly.

2. To decide to host conferences of international and regional inter-parliamentary organizations in Vietnam.

3. To decide on the establishment of the Vietnam Parliamentary Friendship Organization and stipulate its organization and operation,

4. To approve annual programs on external and international cooperation activities of the Standing Committee of the National Assembly; to direct, harmonize and coordinate external and international cooperation activities of the Ethnic Council, Committees of the National Assembly, parliamentary friendship groups, agencies of the Standing Committee of the National Assembly, the State Audit Office and the Office of the National Assembly.

5. To consider and evaluate results of the implementation of annual programs on external and international cooperation activities of the National Assembly; to consider reports on results of visits and working visits of the National Assembly’s delegations abroad and of delegations of foreign national assemblies and international organizations to the National Assembly of Vietnam; to consider and report on results of international conferences hosted by the National Assembly.

Article 59. Referendum holding

1. The Standing Committee of the National Assembly shall hold a referendum under the decision of the National Assembly.

2. The Standing Committee of the National Assembly shall stipulate the form of ballots and the order of casting and counting the ballots; decide on specific time for holding the referendum and contents of the ballot in pursuance to the National Assembly’s resolution on the referendum; and examine and oversee the referendum.

3. The Standing Committee of the National Assembly shall announce on the results of a referendum to the National Assembly at the next session.

Article 60. Meetings of the Standing Committee of the National Assembly

1. The Standing Committee of the National Assembly shall discuss and decide on matters falling within its tasks and powers at its meetings.

A meeting of the Standing Committee of the National Assembly shall be attended by at least two-thirds of the total number of its members.

2. The Chairperson of the National Assembly shall preside over meetings of the Standing Committee of the National Assembly. Vice Chairpersons of the National Assembly shall assist the Chairperson of the National Assembly in administering the meetings as assigned by the latter.

3. Members of the Standing Committee of the National Assembly shall attend all meetings. When unable to attend a meeting, they shall report on the reason to the Chairperson of the National Assembly for consideration and decision.

4. The President has the right to attend meetings of the Standing Committee of the National Assembly; the Prime Minister, the Chief Justice of the Supreme People’s Court, the  Procurator General of the Supreme People’s Procuracy, the Chairperson and Vice Chairpersons of the Ethnic Council, and the Chairpersons and Vice Chairpersons of Committees of the National Assembly may be invited to meetings of the Standing Committee of the National Assembly.

Standing and full-time Members of the Ethnic Council or Committees of the National Assembly may be invited to meetings of the Standing Committee of the National Assembly which discuss matters under the charge of the Council or Committees.

5. Representatives of concerned agencies and organizations may be invited to meetings of the Standing Committee of the National Assembly which discuss relevant matters.

Article 61. Time of meetings of the Standing Committee of the National Assembly

1. The Standing Committee of the National Assembly shall hold regular meetings once a month.

2. When necessary, the Standing Committee of the National Assembly shall meet under the decision of the Chairperson of the National Assembly, or at the proposal of the President, the Prime Minister or at least one-third of the total number of its members.

Article 62. Preparation of agendas and decision to convene meetings of the Standing Committee of the National Assembly

1. The Chairperson of the National Assembly shall direct the preparation of a meeting of the Standing Committee of the National Assembly; project the agenda and decide on the time of the meeting and measures to ensure the meeting. Vice Chairpersons of the National Assembly and Members of the Standing Committee of the National Assembly shall prepare contents assigned by the Chairperson of the National Assembly.

2. Under the direction of the Chairperson of the National Assembly and on the basis of the working programs of the Standing Committee, the Ethnic Council and Committees of the National Assembly, and the situation and progress of preparation of contents projected to be submitted to the Standing Committee of the National Assembly, the Secretary General- Chairperson of the Office of the National Assembly shall prepare the tentative agenda of a meeting of the Standing Committee of the National Assembly no later than 30 days before the meeting opens. The tentative agenda of the meeting shall be sent to members of the Standing Committee of the National Assembly and the standing bodies of the Ethnic Council and Committees of the National Assembly for opinion before it is submitted to the Chairperson of the National Assembly for consideration and decision.

3. The Secretary General-Chairperson of the Office of the National Assembly shall send the tentative agenda of the meeting already decided by the Chairperson of the National Assembly to agencies and organizations that have contents to be submitted to the Standing Committee of the National Assembly no later than 20 days before the meeting opens; and send the tentative agenda of the meeting together with the decision to convene the meeting to members of the Standing Committee of the National Assembly no later than 7 days before the meeting opens.

4. The Government, the Supreme People’s Court, the Supreme People’s Procuracy, the Ethnic Council, Committees of the National Assembly and concerned agencies and organizations shall prepare and verify draft documents and reports on the meeting agenda as assigned by the Standing Committee of the National Assembly or according to their tasks and powers prescribed by law.

Article 63. Documents of meetings of the Standing Committee of the National Assembly

1. The Standing Committee of the National Assembly shall consider matters on the agenda of a meeting only when all necessary documents are available.

2. Documents of a meeting of the Standing Committee of the National Assembly shall be sent to its members no later than 5 days before the meeting opens. If a meeting is convened according to Clause 2, Article 61 of this Law, the documents shall be sent to members of the Standing Committee of the National Assembly no later than 2 days before the meeting opens.

Article 64. Tasks and powers of the Chairperson of the National Assembly

1. To preside over National Assembly sessions, to ensure the implementation of regulations on activities of National Assembly deputies and on National Assembly sessions; to sign for authentication the Constitution, laws and resolutions of the National Assembly.

2. To lead the work of the Standing Committee of the National Assembly; to direct the preparation of tentative agendas of and convene and preside over meetings of the Standing Committee of the National Assembly; to sign ordinances and resolutions of the Standing Committee of the National Assembly.

3. To preside over conferences of full-time National Assembly deputies and other conferences held by the Standing Committee of the National Assembly.

4. To convene and preside over conferences of the Chairperson of the Ethnic Council and Chairpersons of Committees of the National Assembly to discuss programs of activities of the National Assembly, the Ethnic Council and Committees of the National Assembly; when necessary, to attend meetings of the Ethnic Council and Committees of the National Assembly.

5. To maintain relations with National Assembly deputies.

6. To direct the use of the operation funds of the National Assembly.

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

Article 65. Tasks and powers of Vice Chairpersons of the National Assembly

Vice Chairpersons of the National Assembly shall assist the Chairperson of the National Assembly in performing tasks as assigned by the latter. When the Chairperson of the National Assembly is absent, a Vice Chairperson authorized by the Chairperson shall perform the tasks and exercise the powers of the latter.