Viet Nam 1992 Constitution (reviewed 2013)

CHAPTER V. THE NATIONAL ASSEMBLY

Article 69

The National Assembly is the highest representative organ of the people and the highest organ of State power of the Socialist Republic of Vietnam.

The National Assembly exercises constitutional and legislative powers, decides significant national affairs, and exercise supreme control over all activities of the State.

Article 70

The National Assembly has the following duties and powers:

1. To make and amend the Constitution; to make and amend laws;
2. To exercise supreme control over conformity to the Constitution, the law and the resolutions of the National Assembly, to examine the reports of the State President, the Standing Committee of the National Assembly, the Government, the Supreme People’s Court, the Supreme People’s Procuracy, the National Commission of Election, the State Audit, and other organs created by the National Assembly;
3. To decide on the objectives, targets, policies, and duties of the national socio-economic development.
4. To decide on the fundamental national financial and monetary policies; to set, change, or abolish taxes; to decide on the separation of items of incomes and expenditure between central budget and local budget; to decide on the safety limit of national debt, public debt, and government debt; to decide on planning of the State budget and allocation of the central State budget, to approve the accounts of the State budget.
5. To decide on the State’s policies on nationalities and policies on religions;
6. To regulate the organization and activity of the National Assembly, the State President, the Government, the People’s Courts, the People’s Procuracy, the National Council of Election., the State Audit, local governments, and other organs created by the National Assembly.
7. To elect, release from duty, remove from office the State President and Vice-President, the Chairman of the National Assembly, the Vice-Chairmen and members of the Standing Committee of the National Assembly, the Prime Minister, the President of the Supreme People’s Court, the Head of the Supreme People’s Procuracy, the President of the National Council of Election, the Head of the State Audit, and the heads of other organs created by the National Assembly; to sanction the proposals of appointment, release from duty, remove from office the Vice-Prime Minister, Ministers and other members of the Government, judges of the People’s Supreme Court; sanction the list of members of the Defence and Security Council and of the National Council of Election.Upon election, the State President, the Chairman of the National Assembly, the Prime Minister, and the President of the Supreme People’s Court must declare oath of allegiance to the Fatherland, the People, and the Constitution.
8. To cast a vote of confidence on persons holding positions elected or approved by the National Assembly.
9. To set up or suppress government ministries and government organs of ministerial rank; to establish, merge, divide, or adjust the boundaries of provinces and cities under direct central rule; to set up or disband special administrative-economic units; to set up or disband other organs in concordance with the Constitution and the statutes.
10. To abrogate all formal written documents issued by the State President, the Standing Committee of the National Assembly, the Government, the Prime Minister, the Supreme People’s Court, and the Supreme People’s Procuracy, that are inconsistence with the Constitution, the statutes, and resolutions taken by the National Assembly.
11. To proclaim an amnesty;
12. To institute titles and ranks on the people’s armed forces, in the diplomatic service and other State titles and ranks; to institute medals, badges and State honors and distinctions;
13. To decide issues of war and peace; to proclaim a state of emergency and other special measures aimed at ensuring national defence and security;
14. To decide on fundamental policies in external relations; to ratify or nullify international treaties with respect to war and peace, national sovereignty, membership of the Socialist Republic of Vietnam in important international and regional organizations, international treaties on human rights, citizen’s fundamental rights and duties, and other international treaties inconsistent with statutes and resolutions taken by the National Assembly
15. To hold a referendum.

Article 71

1. The duration of each term of the National Assembly is five years.
2. Sixty days before the end of its tenure, a new National Assembly shall have been elected.
3. In special cases, with the approval of at least two-thirds of its members, the National Assembly can either reduce or prolong its period of tenure according to the proposals by the National Assembly’s Standing Committee. The prolong of a term of the National Assembly cannot exceed twelve months, except in the case of war.

Article 72

The Chairman of the National Assembly shall preside over its sessions; authenticate through his signature the Constitution, laws and resolutions of the National Assembly; give leadership to the activities of its Standing Committee; organize the carrying out of its external relations; maintain relationship with the Assembly delegates.

The Vice-Chairmen of the National Assembly shall assist the Chairman in the fulfillment of his duties as required by him.

Article 73

1. The National Assembly’s Standing Committee is its permanent Committee.
2. The National Assembly’s Standing Committee is composed of the Chairman of the National Assembly, the Vice-Chairmen of the National Assembly, and the members.
3. The Number of members of the Standing Committee shall be determined by the National Assembly. A member of the Standing Committee cannot be at the same time a member of the Government.
4. The Standing Committee of each legislature shall fulfill its tasks and exercise its powers until the election by the new legislature of a new Standing Committee.

Article 74

The Standing Committee of the National Assembly has the following duties and powers:

1. To prepare for, to convene, and preside over the sessions of the National Assembly;
2. To enact ordinances on matters entrusted to it by the National Assembly; to interpret the Constitution, the law, and decree-laws;
3. To supervise the implementation of the Constitution, the law, the resolutions of the National Assembly, decree-laws, the resolutions of the Standing Committee; to supervise the activities of the Government, the Supreme People’s Court, the Supreme People’s Procuracy, State Audit, and other organs created by the National Assembly.
4. To suspend the execution of the formal written orders of the Government, the Prime Minister, the Supreme People’s Court, the Supreme People’s Procuracy that contravene the Constitution, the law, the resolutions of the National Assembly; to report the matter to the National Assembly for it to decide the abrogation of such orders in its nearest session; to repeal the written orders of the Government, Prime Minister, the Supreme People’s Court, the Supreme People’s Procuracy that contravene the decree-laws and resolutions of the Standing Committee;
5. To direct, harmonize, and co-ordinate the activities of the Nationalities Council and the Committees of the National Assembly, to give guidance to, and to ensure good working conditions for the Assembly delegates.
6. To propose to the National Assembly on election, release from duty, removal from office of the State President, the Chairman of the National Assembly, the Vice-Chairmen of the National Assembly, and members of the Standing Committee of the National Assembly, Chairman of Nationalities Council, Chairmen of the Committees of the National Assembly, President of the National Council of Election, and Head of the State Audit.
7. To exercise supervision and control over, and to give guidance to the activities of the People’s Councils; to annul wrong resolutions by the People’s Councils of provinces and cities under direct central rule; to disband People’s Councils of provinces and cities under direct central rule whenever such Councils cause serious harm to the interests of the people;
8. To decide on the establishment, merging, division, or adjustment of the boundaries of administrative units below the level of provinces and cities under direct central rule.
9. In cases where the National Assembly cannot meet, to decide on proclaiming the state of war, and report it to the National Assembly for decision at its nearest session;
10. To proclaim general or partial mobilization; to proclaim a state of emergency throughout the country or in a particular region;
11. To carry out the National Assembly’s external relations;
12. To approve the proposals of appointment and release of ambassador extraordinary and plenipotentiary of Socialist Republic of Vietnam.
13. To organize a referendum as decided by the National Assembly.

Article 75

1. Nationalities Council comprises the Chairman, Vice-Chairmen, and members. The Chairman of the Nationalities Council is elected by the National Assembly; Vice-Chairmen and the members of Nationalities Council are approved by the National Assembly’s Standing Committee.
2. The Nationalities Council studies and makes proposals to the National Assembly on issues concerning the nationalities; supervises and controls the implementation of policies on nationalities, the execution of programmes and plans for socio-economic development of the highlands and regions inhabited by national minorities.
3. The Chairman of the Nationalities Council shall be invited to sit in on the Government’s meetings at which are discussed ways of putting into effect policies on nationalities. In promulgation of decisions related to nationalities policies, the Government must consult the Nationalities Council.
4. The Nationalities Council has also other duties and powers as assigned to the Committees of the National Assembly in clause 2 of Article 76.

Article 76

1. A Committee of the National Assembly comprises a Chairman, vice-chairmen, and members. The Chairman is elected by the National Assembly; The Vice-Chairmen and the members are approved by the National Assembly’s Standing Committee.
2. The Committees of the National Assembly check draft laws, make proposals concerning laws, draft decree-laws and other drafts, and reports entrusted to them by the National Assembly or its Standing Committee; supervise within the bounds determined by law; make proposals concerning issues within their fields of activity.
3. The establishment and removal of the Committees are decided by the National Assembly.

Article 77

1. The Nationalities Council and the Committees of the National Assembly can require members of the Government, the President of the Supreme People’s Court, the Head of the Supreme People’s Procuracy, Head of State Audit, related individuals to report or supply documents on certain necessary matters. Those to whom such requests are made must satisfy them.
2. It is the responsibility of State organs to examine and answer the proposals made by the Nationalities Council and the Committees of the National Assembly.

Article 78

In case of need, the National Assembly creates provisional committees to examine and check a proposal or investigate a certain problem.

Article 79

1. The deputy to the National Assembly represents the will and aspirations of the people of his constituency and of the people of whole country.
2. The deputy to the National Assembly must maintain close ties with the electors; submit himself to their control; collect and faithfully reflect their views and aspirations for the consideration of the National Assembly and the State bodies and organizations concerned; maintain regular contacts with and make reports to the electors on his own activities and the National Assembly’s; answer the requests and proposals of the electors; examine, activate and keep track of the way citizens’ complaints and denunciations are dealt with, and give guidance and assistance to citizens seeking to exercise their rights of complaints and denunciations.
3. The deputy to the National Assembly shall popularize and mobilize the people to implement the Constitution and the laws.

Article 80

1. The deputy to the National Assembly has the right to interpellate the State President, the Chairman of the National Assembly, the Prime Minister, Cabinet Ministers and other members of the Government, the President of the Supreme People’s Court, and the Head of the Supreme People’s Procuracy, and Head of the State Audit.
2. The interpellated officials must give an answer at the current session; in case an inquiry is needed, the National Assembly may decide that the answer should be given to its Standing Committee or at one of its own subsequent sessions, or may allow the answer to be given in writing.
3. The deputy to the National Assembly has the right to request State bodies, organizations, and individuals to answer questions on matters concerning their duties. The heads of these bodies, organizations, or individuals have the responsibility to answer questions put by the deputy within the time limit set by the law.

Article 81

A member of the National Assembly cannot be arrested or prosecuted without the consent of the National Assembly and, in the intervals between its sessions, without the consent of its Standing Committee; in case of a flagrant offence and the deputy is taken into temporary custody, the organ effecting his arrest must immediately report the facts to the National Assembly or its Standing Committee for it to examine them and take a decision.

Article 82

1. The deputy to the National Assembly must be responsible to the exercise of the deputy duties, and is entitled to membership of the Nationalities Council and Committees of the National Assembly.
2. It is the responsibility of the Standing Committee of the National Assembly, the Prime Minister, the Ministers, the other members of the Government, and the other State organs to create the necessary conditions for the deputy to the National Assembly to fulfill his duty.
3. The State shall ensure the expenditure for the activity of the deputy to the National Assembly.

Article 83

1. The session of the National Assembly is public. In case of need, according to the suggestions of the State President, the National Assembly’s Standing Committee, the Prime Minister, or at least two-thirds of its members, the National Assembly can decide on a conclave.
2. The National Assembly shall hold two sessions each year. When so required by the State President, the Prime Minister, or at least one-third of the total membership of the National Assembly, National Assembly shall hold extraordinary session. The Standing Committee convenes the session of the National Assembly.
3. The first session of the newly-elected National Assembly shall be convened sixty days after its election at the latest; it shall be opened and presided over by the chairman of the outgoing Assembly until the election by the incoming Assembly of its chairman.

Article 84

1. The State President, the Standing Committee of the National Assembly, the Nationalities Council and Committees of the National Assembly, the Government, the Supreme People’s Court, the Supreme People’s Procuracy, the State Audit, The Central Committee of the Vietnam Fatherland Front and the central bodies of its member organizations have the right to submit draft laws to the National Assembly and draft ordinances to the National Assembly’s Standing Committee.
2. Members of the National Assembly may present motions concerning laws, ordinances, draft laws, and draft ordinances to the National Assembly and the National Assembly’s Standing Committee.

Article 85

1. Laws and resolutions of the National Assembly must be approved by the majority of its members; the making and amending the Constitution, and decision on prolonging and reducing its tenure, and removing from office one of its members must be approved by at least two-thirds of its total membership.The ordinances and resolutions of the Standing Committee of the National Assembly must be approved by more than half of its membership.
2. Laws and ordinances must be made public fifteen days following their adoption at the latest, except in case the decree-laws are presented by the State President for review.