Difference between revisions of "Constitution of the Socialist Republic of Vietnam"
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A new legislature of the National Assembly shall be elected two months before the term of the outgoing legislature expires. Electoral procedures and the number of representatives are determined by the law. | A new legislature of the National Assembly shall be elected two months before the term of the outgoing legislature expires. Electoral procedures and the number of representatives are determined by the law. | ||
Under special circumstances, a legislature of the National Assembly may decide with a concurrent vote of two-thirds of the representatives, to shorten or prolong its own term. | Under special circumstances, a legislature of the National Assembly may decide with a concurrent vote of two-thirds of the representatives, to shorten or prolong its own term. | ||
| − | Article 86 | + | |
| + | '''Article 86''' | ||
| + | |||
The National Assembly shall hold two sessions annually to be convened by the Standing Committee of the National Assembly. | The National Assembly shall hold two sessions annually to be convened by the Standing Committee of the National Assembly. | ||
The Standing Committee of the National Assembly may convene extraordinary sessions of the National Assembly, at the request of the President, the Prime Minister or of at least one-third of the representatives, or of its own initiative. | The Standing Committee of the National Assembly may convene extraordinary sessions of the National Assembly, at the request of the President, the Prime Minister or of at least one-third of the representatives, or of its own initiative. | ||
The first session of the new legislature of the National Assembly shall be convened not later than two months after the election of representatives, it shall be opened by the outgoing Chairman of the National Assembly who shall preside over the session until the incoming Chairman is elected. | The first session of the new legislature of the National Assembly shall be convened not later than two months after the election of representatives, it shall be opened by the outgoing Chairman of the National Assembly who shall preside over the session until the incoming Chairman is elected. | ||
| − | Article 87 | + | |
| + | '''Article 87''' | ||
| + | |||
The President, the Standing Committee of the National Assembly, the Council of Ethnic Nationalities, the various Committees of the National Assembly, the Government, the Supreme People's Court, the People's Inspectorate General. the Vietnam Fatherland Front and its member organisations have the right to submit draft laws to the National Assembly. | The President, the Standing Committee of the National Assembly, the Council of Ethnic Nationalities, the various Committees of the National Assembly, the Government, the Supreme People's Court, the People's Inspectorate General. the Vietnam Fatherland Front and its member organisations have the right to submit draft laws to the National Assembly. | ||
Representatives to the National Assembly have the right to submit recommendations on laws and draft laws to the National Assembly. | Representatives to the National Assembly have the right to submit recommendations on laws and draft laws to the National Assembly. | ||
The procedures for submitting recommendations on laws and draft laws to the National Assembly are defined by the law. | The procedures for submitting recommendations on laws and draft laws to the National Assembly are defined by the law. | ||
| − | Article 88 | + | |
| + | '''Article 88''' | ||
| + | |||
The adoption of bills and resolutions of the National Assembly requires a positive vote by a majority of its representatives, except in the cases when the National Assembly revokes its representatives as provided in Article 7, shortens or prolongs its own term as provided in article 85, or amends the Constitutions as provided in Article 147, which require a concurrent positive vote of at least two-thirds of the representatives. | The adoption of bills and resolutions of the National Assembly requires a positive vote by a majority of its representatives, except in the cases when the National Assembly revokes its representatives as provided in Article 7, shortens or prolongs its own term as provided in article 85, or amends the Constitutions as provided in Article 147, which require a concurrent positive vote of at least two-thirds of the representatives. | ||
Laws and resolution of the National Assembly shall be made public not later than fifteen days after their adoption. | Laws and resolution of the National Assembly shall be made public not later than fifteen days after their adoption. | ||
| − | Article 89 | + | |
| − | + | '''Article 89''' | |
| + | |||
The National Assembly shall elect a commission to verify the credentials of representatives to the National Assembly and, basing itself on the report of that commission, decide whether to accept the credentials of such representatives. | The National Assembly shall elect a commission to verify the credentials of representatives to the National Assembly and, basing itself on the report of that commission, decide whether to accept the credentials of such representatives. | ||
Article 90 | Article 90 | ||
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- | - | ||
| − | The Chairman of the National Assembly; The Deputy-Chairmen of the National Assembly. The members. | + | * The Chairman of the National Assembly; |
| − | The number of members of the Standing Committee are determined by the National Assembly. A member | + | * The Deputy-Chairmen of the National Assembly. |
| − | of the Standing Committee can not at the same time be a member of the Government. | + | * The members. |
| + | |||
| + | The number of members of the Standing Committee are determined by the National Assembly. A member of the Standing Committee can not at the same time be a member of the Government. | ||
The Standing Committee of each legislature of the National Assembly shall discharge its duties and exercise its power until the next legislature of the National Assembly has elected a new Standing Committee. | The Standing Committee of each legislature of the National Assembly shall discharge its duties and exercise its power until the next legislature of the National Assembly has elected a new Standing Committee. | ||
| − | Article 91 | + | |
| + | '''Article 91''' | ||
| + | |||
The Standing Committee of the National Assembly shall have the following duties and powers: | The Standing Committee of the National Assembly shall have the following duties and powers: | ||
| + | |||
1. To make public and preside over the election of representatives to the National Assembly. | 1. To make public and preside over the election of representatives to the National Assembly. | ||
| + | |||
2. To organise the preparation, convening and chairmanship of the sessions of the National Assembly. | 2. To organise the preparation, convening and chairmanship of the sessions of the National Assembly. | ||
| + | |||
3. To explain the Constitution, laws and ordinances; | 3. To explain the Constitution, laws and ordinances; | ||
| + | |||
4. To issue decrees on issues assigned by the National Assembly. | 4. To issue decrees on issues assigned by the National Assembly. | ||
| + | |||
5. To supervise the implementation of the Constitution, laws and resolutions of the National Assembly, decrees and resolutions of the Standing Committee of the National Assembly; to supervise activities of the Government, the Supreme People's Court, the People's Inspectorate General; to suspend the implementation of texts adopted by the Government, the Prime Minister, the Supreme People's Court, the People's Inspectorate General which are incompatible with the Constitution, laws and resolutions of the National Assembly and submit to decision of the National Assembly recommendations on the abrogation of those texts; to abrogate texts adopted by the Government, the Prime Minister, the Supreme People's Court, the People's Inspectorate General, which are incompatible with decrees and resolutions of the Standing Committee of the National Assembly. | 5. To supervise the implementation of the Constitution, laws and resolutions of the National Assembly, decrees and resolutions of the Standing Committee of the National Assembly; to supervise activities of the Government, the Supreme People's Court, the People's Inspectorate General; to suspend the implementation of texts adopted by the Government, the Prime Minister, the Supreme People's Court, the People's Inspectorate General which are incompatible with the Constitution, laws and resolutions of the National Assembly and submit to decision of the National Assembly recommendations on the abrogation of those texts; to abrogate texts adopted by the Government, the Prime Minister, the Supreme People's Court, the People's Inspectorate General, which are incompatible with decrees and resolutions of the Standing Committee of the National Assembly. | ||
| + | |||
6. To supervise and guide activities of the People's Councils; to repeal improper resolutions of the People's Councils of provinces and cities under the central authority; to dissolve the People's Councils of provinces and cities under the central authority if they cause serious damage to the interests of the people. | 6. To supervise and guide activities of the People's Councils; to repeal improper resolutions of the People's Councils of provinces and cities under the central authority; to dissolve the People's Councils of provinces and cities under the central authority if they cause serious damage to the interests of the people. | ||
| + | |||
7. To direct, harmonize and coordinate activities of the Council of Ethnic Nationalities and the various Committees of the National Assembly; to guide and ensure necessary conditions for the activities of representatives to the National Assembly. | 7. To direct, harmonize and coordinate activities of the Council of Ethnic Nationalities and the various Committees of the National Assembly; to guide and ensure necessary conditions for the activities of representatives to the National Assembly. | ||
| − | + | ||
8. To decide on proclamation of a state of war in case of aggression during any time the National Assembly cannot be in session and to report the proclamation to the National Assembly for consideration and determination at its earliest session. | 8. To decide on proclamation of a state of war in case of aggression during any time the National Assembly cannot be in session and to report the proclamation to the National Assembly for consideration and determination at its earliest session. | ||
| + | |||
9. To decide in a total or partial mobilisation; to proclaim a national or local state of emergency; 10. To conduct the external relations of the National Assembly. 11. To hold a popular referendum as decided by the National Assembly. | 9. To decide in a total or partial mobilisation; to proclaim a national or local state of emergency; 10. To conduct the external relations of the National Assembly. 11. To hold a popular referendum as decided by the National Assembly. | ||
| − | Article 92 | + | |
| + | '''Article 92''' | ||
| + | |||
The Chairman of the National Assembly presides over sessions of the National Assembly, certifies laws and resolutions of the National Assembly, guides activities of the Standing Committee of the National Assembly; organises the conduct of external relations of the National Assembly; Maintains relations with representatives to the National Assembly. | The Chairman of the National Assembly presides over sessions of the National Assembly, certifies laws and resolutions of the National Assembly, guides activities of the Standing Committee of the National Assembly; organises the conduct of external relations of the National Assembly; Maintains relations with representatives to the National Assembly. | ||
The Vice-Chairman of the National Assembly shall assist the Chairman in the discharge of his duties as assigned by him. | The Vice-Chairman of the National Assembly shall assist the Chairman in the discharge of his duties as assigned by him. | ||
| − | Article 93 | + | |
| + | '''Article 93''' | ||
| + | |||
The adoption of decrees and resolutions of the Standing Committee of the National Assembly requires a positive vote by a majority of its members. Such decrees and resolutions must be made public not later than fifteen day after their adoption, except in the case the President submits them to the National Assembly for reconsideration. | The adoption of decrees and resolutions of the Standing Committee of the National Assembly requires a positive vote by a majority of its members. Such decrees and resolutions must be made public not later than fifteen day after their adoption, except in the case the President submits them to the National Assembly for reconsideration. | ||
| − | Article 94 | + | |
| + | '''Article 94''' | ||
| + | |||
The National Assembly elects the Council of Ethnic Nationalities, which consists of a Chairman, vice- chairmen, and other members. | The National Assembly elects the Council of Ethnic Nationalities, which consists of a Chairman, vice- chairmen, and other members. | ||
The Council of Ethnic Nationalities studies and makes recommendations to the National Assembly on questions of ethnic nationalities; exercises the right to supervise the implementation of policies on ethnic nationalities, of programmes and plans for socio-economic development of mountainous areas and ethnic minority areas. | The Council of Ethnic Nationalities studies and makes recommendations to the National Assembly on questions of ethnic nationalities; exercises the right to supervise the implementation of policies on ethnic nationalities, of programmes and plans for socio-economic development of mountainous areas and ethnic minority areas. | ||
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The Council of Ethnic Nationalities also has the same other duties and powers as the various Committees of the National Assembly as stipulated in Article 95. | The Council of Ethnic Nationalities also has the same other duties and powers as the various Committees of the National Assembly as stipulated in Article 95. | ||
A number of members of the Council of Ethnic Nationalities work full-time for the Council. | A number of members of the Council of Ethnic Nationalities work full-time for the Council. | ||
| − | Article 95 | + | |
| + | '''Article 95''' | ||
| + | |||
The National Assembly elects its own Committees. | The National Assembly elects its own Committees. | ||
| − | These Committees examine and scrutinise draft laws, recommendation on laws, draft decrees and other bills, reports as assigned by the National Assembly or the Standing Committee of the National Assembly; submit to the National Assembly, the Standing Committee of the National Assembly their views on the | + | These Committees examine and scrutinise draft laws, recommendation on laws, draft decrees and other bills, reports as assigned by the National Assembly or the Standing Committee of the National Assembly; submit to the National Assembly, the Standing Committee of the National Assembly their views on the program for building laws and decrees; exercise supervisory powers as mandated by laws; make recommendations on matters within their respective competences. |
| − | |||
| − | program for building laws and decrees; exercise supervisory powers as mandated by laws; make recommendations on matters within their respective competences. | ||
In each committee, a number of members work full-time for the committee. | In each committee, a number of members work full-time for the committee. | ||
| − | Article 96 | + | |
| + | '''Article 96''' | ||
| + | |||
The Council of Ethnic Nationalities and other committees of the National Assembly have the right to request members of the Government, the Chief Justice of the Supreme People's Court, the Chief Prosecutor of the People's Inspectorate General and other State officials or employees concerned to brief them or provide them with relevant documents on necessary issues. It is incumbent upon such persons when so requested to comply with the request. | The Council of Ethnic Nationalities and other committees of the National Assembly have the right to request members of the Government, the Chief Justice of the Supreme People's Court, the Chief Prosecutor of the People's Inspectorate General and other State officials or employees concerned to brief them or provide them with relevant documents on necessary issues. It is incumbent upon such persons when so requested to comply with the request. | ||
State offices have the responsibility to examine and respond to recommendations made by the Council of Ethnic Nationalities and Committees of the National Assembly. | State offices have the responsibility to examine and respond to recommendations made by the Council of Ethnic Nationalities and Committees of the National Assembly. | ||
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National Assembly representatives must maintain close contacts with voters, accept their supervision; collect and truthfully reflect their opinions and wishes to the National Assembly and concerned State offices, hold periodic meetings with voters and report to them about their activities and those of the National Assembly; answer requests and petitions made by voters; examine, activate and monitor the handling of complaints and denunciation made by voters and provide guidance and assistance to citizens in the exercise of such rights. | National Assembly representatives must maintain close contacts with voters, accept their supervision; collect and truthfully reflect their opinions and wishes to the National Assembly and concerned State offices, hold periodic meetings with voters and report to them about their activities and those of the National Assembly; answer requests and petitions made by voters; examine, activate and monitor the handling of complaints and denunciation made by voters and provide guidance and assistance to citizens in the exercise of such rights. | ||
National Assembly representatives shall disseminate the contents of the Constitution and motivate the people towards implementing the Constitution as well as laws and resolutions adopted by the National Assembly. | National Assembly representatives shall disseminate the contents of the Constitution and motivate the people towards implementing the Constitution as well as laws and resolutions adopted by the National Assembly. | ||
| − | Article 97 | + | |
| + | '''Article 97''' | ||
| + | |||
National Assembly representatives are the representatives of the people's will and aspirations not only in their own constituencies but of the whole country as well. | National Assembly representatives are the representatives of the people's will and aspirations not only in their own constituencies but of the whole country as well. | ||
National Assembly representatives must maintain close contacts with voters, accept their supervision; collect and truthfully reflect their opinions and wishes to the National Assembly and concerned State offices, hold periodic meetings with voters and report to them about their activities and those of the National Assembly; answer requests and petitions made by voters; examine, activate and monitor the handling of complaints and denunciations made by voters and provide guidance and assistance to citizens in the exercise of such rights. | National Assembly representatives must maintain close contacts with voters, accept their supervision; collect and truthfully reflect their opinions and wishes to the National Assembly and concerned State offices, hold periodic meetings with voters and report to them about their activities and those of the National Assembly; answer requests and petitions made by voters; examine, activate and monitor the handling of complaints and denunciations made by voters and provide guidance and assistance to citizens in the exercise of such rights. | ||
