Luật Tổ chức Quốc hội sửa đổi 2020 số 65/2020/QH14

LAW

ON ORGANIZATION OF NATIONAL ASSEMBLY

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly hereby promulgates a Law amending a number of Articles of the Law on Organization of National Assembly No. 57/2014/QH13.

Article 1. Amendments to a number of Articles of Law on Organization of National Assembly

1. Clause 1a is added after Clause 1 Article 22 as follows:

 “1a. Hold citizenship of only Vietnam.”.

2. Clause 2 Article 23 is amended as follows:

“2. Full-time National Assembly deputies shall account for at least 40% of the total number of National Assembly deputies.”.

3. Clause 3 Article 26 is amended as follows:

 “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. Part-time National Assembly deputies have the right to attend conferences of full-time National Assembly deputies to discuss matters of concern to them.”.

4. Some Points and Clauses of Article 43 are amended as follows:

a) Point dd Clause 2 is amended as follows:

“dd) Direct operation of the apparatus in charge of advising and supporting operation of the National Assembly deputies’ delegation.”;

b) Clause 3a is added after Clause 3 and Clause 4 is amended as follows:

 “3a. Number and list of full-time National Assembly deputies in a National Assembly deputies’ delegation shall be decided and approved by the Standing Committee of the National Assembly.

The official management authority of a province or central-affiliated city shall exercise official management for full-time National Assembly deputies of its province or central-affiliated city according to regulations of the Standing Committee of the National Assembly.

4. Office of National Assembly deputies’ delegation and provincial People’s Council shall advise and support activities of National Assembly deputies and National Assembly deputies’ delegation of its province.

Each provincial government shall provide the premises for its National Assembly deputies’ delegation, ensure funding for operation of the Office of its National Assembly deputies’ delegation and provincial People’s Council as per regulations of the Standing Committee of the National Assembly.”.

5. Title of Article 44 is amended and some Clauses are added to Article 44 as follows:

a) Title of Article 44 is amended as follows:

“Article 44. Position, functions, organizational structure and operating principles of the Standing Committee of the National Assembly”;

b) Clause 4 and Clause 5 are added after Clause 3 as follows:

 “4. The Standing Committee of the National Assembly shall work on a collegial basis and make decisions under the majority rule. An ordinance or Resolution of the Standing Committee of the National Assembly is passed when it is approved by more than half of the members of the Standing Committee of the National Assembly.

5. In the year-end National Assembly session, the Standing Committee of the National Assembly shall submit a report on its operation to National Assembly deputies. In the final session of each National Assembly legislature, the Standing Committee of the National Assembly shall submit a report on its operation in the term of office to the National Assembly for consideration and discussion.”.

6. Title of Article 47 is amended and one Clause is added to Article 47 as follows:

a) Title of Article 47 is amended as follows:

“Article 47. The Standing Committee of the National Assembly preparing, convening and presiding over National Assembly sessions and other conferences”;

b) Clause 7 is added after Clause 6 as follows:

“7. Depending on actual demand and situation, the Standing Committee of the National Assembly may decide to convene a conference of full-time National Assembly deputies before each National Assembly session to discuss and comment on projects, schemes and reports before they are submitted to the National Assembly.".

7. Some Clauses of Article 53 are amended as follows:

a) Clause 2 is amended as follows:

 “2. Decide number of members and approve member list and member dismissal for the Ethnic Council, decide number of deputy chairpersons, standing members and full-time members of the Ethnic Council and approve list and dismissal of these members at the request of the Chairperson of the Ethnic Council.

Decide number of members and approve member list and member dismissal for a Committee of the National Assembly, decide number of deputy chairpersons, standing members and full-time members of a Committee of the National Assembly and approve list and dismissal of these members at the request of the Chairperson of the Committee.”;

b) Clause 4 and Clause 5 are amended as follows:

 “4. Approve results of election and dismissal of Heads and Deputy Heads of National Assembly deputies’ delegations.

5. Approve results of election and dismissal of Chairpersons and Deputy Chairpersons of provincial People’s Councils.”.

8. Some Clauses of Article 54 are amended as follows:

a) Clause 1 is amended as follows:

“1. Provide for performance of tasks of official management for full-time National Assembly deputies, and fulfillment of deputy duties, benefits and assurance of other working conditions for National Assembly deputies and full-time National Assembly deputies.”;

b) Clause 3 is amended as follows:

“3. Provide guidelines for and review reports on operation of National Assembly deputies’ delegations and decide allocation of funding for such operation.".

9. Article 59 is amended as follows:

“Article 59. Responsibilities of the Standing Committee of the National Assembly for referendum organization

1. Hold a referendum following the decision of the National Assembly.

2. Perform tasks and exercise powers concerning referendums as prescribed in the Law on Referendum.”.

10. Clause 3 Article 67 is amended as follows:

 “3. The standing body of the Ethnic Council or a Committee of the National Assembly shall assist the Ethnic Council or the Committee in performing regular tasks of the Council or the Committee when the latter is in recess.

The standing body of the Ethnic Council must comprise the Chairperson, Deputy Chairpersons and standing members and full-time members of the Council. The standing body of a Committee of the National Assembly must comprise the Chairperson, Deputy Chairpersons and standing members and full-time members of the Committee.”.

11. Clause 1a is added before Clause 1 Article 79 as follows:

 “1a. Participate in appraisal of contents under the management of the Ethnic Council or a Committee in a bill, draft ordinance or draft resolution, which is under the charge of another body of the National Assembly;”.

12. Clause 1a is added before Clause 1 Article 80 as follows:

 “1a. When appraising a bill, draft ordinance or draft resolution, the Ethnic Council or a Committee of the National Assembly shall ensure that the bill, draft ordinance or draft resolution is constitutional, lawful and consistent with the legal system.”.

13. Clause 1 and Clause 2 Article 87 are amended as follows:

"1. The Ethnic Council or a Committee of the National Assembly shall hold a plenary meeting to appraise bills, draft ordinances, draft resolutions and/or other proposals, schemes and/or reports to be submitted to the National Assembly or its Standing Committee; and consider and decide other matters within its competence.

A plenary meeting of the Ethnic Council or a Committee of the National Assembly must have the attendance of more than half of the members of the Council or the Committee.

A report, resolution or proposition or another content within the competence of the Ethnic Council or a Committee of the National Assembly is passed when it is approved by more than half of the members of the Council or the Committee.

2. Members of the Ethnic Council or a Committee of the National Assembly shall attend a Council or Committee meeting when they are called upon by the Council Chairperson or Committee Chairperson; discuss and vote on matters of discussion in the meeting; any member unable to attend the meeting must provide a proper reason and report to and obtain the approval of the Council Chairperson or Committee Chairperson.”.

14. Point d Clause 1 Article 99 is amended as follows:

“d) Ensure facilities and other conditions for operation of the National Assembly, bodies of the National Assembly and bodies of the Standing Committee of the National Assembly and performance of National Assembly deputies; and enable National Assembly deputies to propose  bills, draft ordinances and propositions concerning laws and ordinances.”.

15. Clause 1 Article 101 is amended as follows:

“1. Funding for operation of the National Assembly shall be allocated from state budget as per the decision of the National Assembly, which shall include funding for general activities of the National Assembly, funding for operation of the Standing Committee of the National Assembly, Ethnic Council, Committees of the National Assembly, Secretary General of the National Assembly, Office of the National Assembly and bodies of the Standing Committee of the National Assembly, funding for National Assembly deputies’ delegations, remuneration for full-time National Assembly deputies, remuneration for participation in operation of the National Assembly, and allowances and benefits in connection with operation of the National Assembly offered to National Assembly deputies.”.

16. Some phrases are replaced as follows:

a) “được bầu” (“was elected”) in Clause 1 Article 36 shall be replaced with “thực hiện nhiệm vụ đại biểu” (“performs their deputy duties”);

b) “Ủy ban văn hóa, giáo dục, thanh niên, thiếu niên và nhi đồng” (“Committee for Culture, Education, Youth, Teenagers and Children”) in Point e Clause 2 Article 66 and in the title of Article 75 shall be replaced with “Ủy ban văn hóa, giáo dục” (“Committee for Culture and Education”);

c) “Ủy ban về các vấn đề xã hội” (“Social Affairs Committee”) in Point g Clause 2 Article 66 and in title of Article 76 shall be replaced with “Ủy ban xã hội” (“Social Committee”).

17. The following word and phrases shall be removed:

a) a) “ở nơi ứng cử” (“in their constituencies”) and “ở đơn vị bầu cử” (“in their constituencies”) in Clause 2 Article 27;

b) “ứng cử” (“stand for election”) in Clause 2 Article 36.

Article 2. Implementation clause

1. This Law takes effect from January 01, 2021 unless otherwise provided for in Clause 2 herein.

2. The regulations in Clause 2 and Points b and c Clause 16 Article 1 of this Law comes into force upon commencement of the 15th legislature of the National Assembly.

3. Pilot consolidation of the Office of National Assembly deputies’ delegation, Office of provincial People’s Council and Office of provincial People's Committee according to Resolution No. 580/2018/UBTVQH14 dated October 14, 2018 by the Standing Committee of the National Assembly shall be discontinued.

An Office of National Assembly deputies’ delegation established per Resolution No. 1097/2015/UBTVQH13 dated December 22, 2015 by the Standing Committee of the National Assembly, and the Office of National Assembly deputies’ delegation, People’s Council and People’s Committee of a province or central-affiliated city piloted per Resolution No. 580/2018/UBTVQH14 dated October 14, 2018 by the Standing Committee of the National Assembly may continue to operate until an Office of National Assembly deputies’ delegation and provincial People’s Council is established to advise and support operation of the National Assembly deputies’ delegation and People’s Council according to regulations of the Standing Committee of the National Assembly. Offices of National Assembly deputies’ delegation and provincial People’s Council must be established before July 01, 2021.

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, 14th legislature, 9th session, on June 19, 2020.