Chương I Luật Tổ chức Quốc hội 2014: Vị trí, chức năng, nhiệm vụ, quyền hạn của Quốc hội

Chapter I

POSITION, FUNCTIONS, TASKS AND POWERS OF THE NATIONAL ASSEMBLY

Article 1. Position and functions of the National Assembly

1. The National Assembly is the highest representative body of the People and the highest state power body of the Socialist Republic of Vietnam.

2. The National Assembly shall exercise constitutional and legislative powers, decide on important issues for the country, and conduct the supreme oversight over the activities of the State.

Article 2. Term of the National Assembly

1. The term of the National Assembly is five years, counting from the opening date of the first session of the National Assembly of a term to the opening date of the first session of the National Assembly of the succeeding term.

2. Sixty days before the expiration of the term of the National Assembly, a new National Assembly shall be elected.

3. In special cases, the National Assembly shall decide to shorten or extend its term at the proposal of the Standing Committee of the National Assembly, if at least two-thirds of the total number of National Assembly deputies vote for it. The extension of a term of the National Assembly must not exceed twelve months, except in wartime.

Article 3. Principles and effectiveness of operation of the National Assembly

1. The National Assembly shall work under the conferential regime and make decisions by a vote of the majority.

2. The effectiveness of operation of the National Assembly shall be ensured by the effectiveness of sessions of the National Assembly, activities of its Standing Committee, Ethnic Council, Committees, deputies’ delegations and deputies, and by the effectiveness of the coordination with the President, the Government, the Supreme People’s Court, the Supreme People’s Procuracy, the Vietnam Fatherland Front Central Committee and other agencies and organizations.

Article 4. Making and amending the Constitution

1. The President, the Standing Committee of the National Assembly, the Government or at least one-third of the total number of National Assembly deputies may propose the National Assembly to consider and make decision on making or amending the Constitution.

The National Assembly shall decide to make or amend the Constitution when at least two-thirds of the total number of National Assembly deputies vote for it.

2. The National Assembly shall set up the Constitution Drafting Committee. The membership, number of members, tasks and powers of the Constitution Drafting Committee shall be decided by the National Assembly at the proposal of the Standing Committee of the National Assembly.

3. The Constitution Drafting Committee shall draft the Constitution, collect public opinions about the draft Constitution and submit it to the National Assembly.

4. The Constitution shall be passed by the National Assembly when at least two-thirds of the total number of National Assembly deputies vote for it. The National Assembly shall hold a referendum on the Constitution in the case prescribed in Clause 1, Article 19 of this Law.

Article 5. Making and amending laws

1. The National Assembly shall decide on legislative programs at the proposal of the Standing Committee of the National Assembly.

2. Before being submitted to the National Assembly, bills shall be verified by the Ethnic Council or Committees of the National Assembly and commented by the Standing Committee of the National Assembly.

3. The National Assembly shall discuss, consider and pass a bill into a law at one or several of its sessions, depending on the contents of the bill.

Article 6. Supreme oversight by the National Assembly

1. The National Assembly shall perform the supreme oversight over the observance of the Constitution, laws and resolutions of the National Assembly.

2. The National Assembly shall perform the supreme oversight over the activities of the President, the Standing Committee of the National Assembly, the Government, the Supreme People’s Court, the Supreme People’s Procuracy, the National Election Council, the State Audit Office, and other agencies established by the National Assembly.

Article 7. Decision on important socio-economic issues

1. The National Assembly shall decide on the country’s long-term and annual fundamental goals, targets, policies and tasks for socio-economic development; and on investment policy for national target programs and national important projects.

2. The National Assembly shall decide on fundamental national financial and monetary policies; impose, amend or abolish taxes; decide on the division of revenues and expenditures between central and local budgets; decide on safety limits for national, public and government debts; decide on state budget estimates and the allocation of the central budget; and approve the final accounts of the state budget.

3. The National Assembly shall decide on the State’s policies on ethnicities, policies on religion and basic external policies.

Article 8. Election of positions in the state apparatus

1. The National Assembly shall elect its Chairperson and Vice Chairpersons and members of its Standing Committee among National Assembly deputies according to the list of nominees for such positions presented by the Standing Committee of the National Assembly.

At its first session, the National Assembly shall elect its Chairperson and Vice Chairpersons and members of its Standing Committee at the proposal of the Standing Committee of the National Assembly of the preceding term.

2. The National Assembly shall elect the President from among its deputies at the proposal of the Standing Committee of the National Assembly. The National Assembly shall elect the Vice President from among its deputies at the proposal of the President.

3. The National Assembly shall elect the Chairperson of the Ethnic Council and Chairpersons of the Committees of the National Assembly from among its deputies at the proposal of its Standing Committee.

4. The National Assembly shall elect the Prime Minister from among its deputies at the proposal of the President.

5. The National Assembly shall elect the Chief Justice of the Supreme People’s Court and the Procurator General of the Supreme People’s Procuracy at the proposal of the President.

6. The National Assembly shall elect the Chairperson of the National Election Council, the State Auditor General and the Secretary General of the National Assembly at the proposal of its Standing Committee.

7. Apart from the persons nominated by the competent agencies or persons prescribed in Clauses 1, 2, 3, 4, 5 and 6 of this Article, the Standing Committee of the National Assembly shall submit to the National Assembly for decision lists of candidates for election to the positions prescribed in this Article in case there are National Assembly deputies standing for election or additionally nominating candidates for election.

8. After being elected, the President, Chairperson of the National Assembly, Prime Minister and Chief Justice of the Supreme People’s Court shall take an oath of loyalty to the Fatherland, the People and the Constitution.

Article 9. Approval of positions in the state apparatus

1. The National Assembly shall approve the Prime Minister’s proposals on the appointment of Deputy Prime Ministers, ministers and other members of the Government according to the list of nominees for such positions.

2. The National Assembly shall approve the proposals of the Chief Justice of the Supreme People’s Court on the appointment of judges of the Supreme People’s Court.

3. The National Assembly shall approve the list of members of the National Defense and Security Council at the proposal of the President.

4. The National Assembly shall approve the list of members of the National Election Council at the proposal of the Chairperson of the National Election Council.

Article 10. Resignation by persons elected or approved by the National Assembly

1. A person who is elected or approved by the National Assembly but cannot perform his/her tasks for health or other reasons may apply for resignation.

2. A resignation application shall be sent to the agency or person that has nominated the applicant to the National Assembly for election or approval as prescribed in Clauses 1, 2, 3, 4, 5 and 6, Article 8, and Article 9, of this Law. That agency or person shall propose the National Assembly to relieve of duty or approve the relief of duty for that applicant at the next session of the National Assembly.

Article 11. Relief of duty, removal from office, approval of proposals on relief of duty or dismissal of holders of positions elected or approved by the National Assembly

The National Assembly shall relieve of duty, remove from office or approve proposals on relief of duty or dismissal of holders of positions elected or approved by the National Assembly prescribed in Articles 8 and 9 of this Law at the proposal of the competent agencies or persons that nominated such persons to the National Assembly for election or approval.

Article 12. Collection of votes of confidence

1. The National Assembly shall collect votes of confidence on holders of the following positions:

a/ President, Vice President;

b/ Chairperson, Vice Chairperson of the National Assembly, member of the Standing Committee of the National Assembly, Chairperson of the Ethnic Council, Chairperson of the Committee of the National Assembly;

c/ Prime Minister, Deputy Prime Minister, minister, another member of the Government;

d/ Chief Justice of the Supreme People’s Court, Procurator General of the Supreme People’s Procuracy, State Auditor General.

2. The time limit, time and order of collection of votes of confidence on the concerned persons shall be stipulated by the National Assembly.

Article 13. Casting of votes of confidence

1. The National Assembly shall cast votes of confidence on holders of positions elected or approved by the National Assembly in the following cases:

a/ At the proposal of the Standing Committee of the National Assembly;

b/ At the proposal of at least twenty percent of the total number of National Assembly deputies;

c/ At the proposal of the Ethnic Council or a Committee of the National Assembly;

d/ A person on whom votes of confidence have been collected under Article 12 of this Law received low-confidence votes from two-thirds or more of the total number of National Assembly deputies.

2. A person subject to casting of votes of confidence who receives no-confidence votes from more than half of the total number of National Assembly deputies may apply for resignation. In case he/she does not resign, the competent agency or person that nominated such person to the National Assembly for election or approval prescribed in Clauses 1, 2, 3, 4, 5 and 6, Article 8, and Article 9, of this Law shall propose the National Assembly to consider and decide on the relief of duty or approve the proposal on relief of duty of that person.

Article 14. Decision on establishment and abolition of agencies; establishment, dissolution, consolidation, separation and adjustment of administrative boundaries

1. The National Assembly shall decide on the establishment and abolition of ministries or ministerial-level agencies; and establishment, dissolution, consolidation, division, and adjustment of administrative boundaries, of provinces, centrally run cities and special administrative-economic units at the proposal of the Government.

2. The National Assembly shall decide on the establishment and abolition of other agencies in accordance with the Constitution and law.

Article 15. Annulment of documents which contravene the Constitution, laws or resolutions of the National Assembly

1. The National Assembly shall, at the proposal of its Standing Committee, annul documents of the President, Government, Prime Minister, Supreme People’s Court, Supreme People’s Procuracy and other agencies established by the National Assembly which contravene the Constitution, laws or resolutions of the National Assembly.

2. The National Assembly shall annul documents of its Standing Committee which contravene the Constitution, laws or resolutions of the National Assembly at the proposal of the President.

Article 16. Decision on general amnesty

The National Assembly shall decide on a general amnesty at the proposal of the President.

Article 17. Decision on issues of war and peace

1. The National Assembly shall determine or cancel a state of war at the proposal of the National Defense and Security Council.

2. In case of war, the National Assembly shall decide to assign special tasks and powers to the National Defense and Security Council.

3. The National Assembly shall stipulate a state of emergency and other special measures to ensure national defense and security.

Article 18. Approval of and decision on accession to or withdrawal from treaties

The National Assembly shall, at the proposal of the President, approve and decide on the accession to treaties related to war, peace, national sovereignty or the membership of the Socialist Republic of Vietnam in important international and regional organizations, treaties on human rights or fundamental rights and obligations of citizens, and withdrawal from these treaties and other treaties that are not consistent with the laws or resolutions of the National Assembly.

Article 19. Holding referenda

1. The National Assembly shall decide to hold a referendum on the Constitution or other important issues at the proposal of its Standing Committee or of the President, the Government, or at least one-third of the total number of National Assembly deputies.

2. The outcome of a referendum must be of decisive value for the issue put to referendum.

Article 20. Consideration of summary reports on opinions and petitions of voters nationwide and their settlement

1. The National Assembly shall consider summary reports on opinions and petitions of voters nationwide jointly submitted by the Vietnam Fatherland Front Central Committee and the Standing Committee of the National Assembly.

2. The National Assembly shall consider reports on oversight of the settlement of voters’ petitions by competent state agencies submitted by its Standing Committee.

3. When necessary, the National Assembly shall issue a resolution on the settlement of voters’ petitions.

4. State agencies and concerned organizations shall study, settle and respond to voters’ petitions and report on the settlement results to the National Assembly and its Standing Committee.

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