Law 62/2025/QH15 Amending Law on Organization of the National Assembly

ORDER

On the promulgation of Law

THE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to Articles 88 and 91 of the Constitution of the Socialist Republic of Vietnam;

Pursuant to Article 80 of the Law on Promulgation of Legal Documents,

PROMULGATES:

The Law Amending and Supplementing a Number of Articles of the Law on Organization of the National Assembly,

which was passed on February 17, 2025, by the 15^th National Assembly of the Socialist Republic of Vietnam at its 9^th extraordinary session.

President of the Socialist Republic of Vietnam
Luong Cuong

Law

Amending and Supplementing a Number of Articles of the Law on Organization of the National Assembly^[1]

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law Amending and Supplementing a Number of Articles of Law No. 57/2014/QH13 on Organization of the National Assembly, which has a number of articles amended and supplemented under Law No. 65/2020/QH14.

Article 1. To amend and supplement a number of articles of the Law on Organization of the National Assembly

1. To amend and supplement Article 5 as follows:

“Article 5. Law making and amendment

1. The National Assembly shall promulgate laws to prescribe the following contents:

a/ The organization and operation of the National Assembly, the President, the Government, People’s Courts, People’s Procuracies, the National Election Council, the State Audit Office of Vietnam, local administrations, special administrative-economic units, and other agencies established by the National Assembly;

b/ Human rights, basic rights and obligations of citizens, which are to be prescribed by laws in accordance with the Constitution; the restriction of human rights, citizens’ rights; crimes and penalties; judicial procedures;

c/ Basic policies regarding the economy, social affairs, culture, education, science, technology, environment, finance, national currency, state budget; taxes; orders, medals and state honorary titles;

d/ Basic policies regarding national defense, national security; ranks and grades in the people’s armed forces; state of emergency, other special measures to maintain national defense and security;

dd/ Basic policies regarding foreign relations; diplomatic ranks and grades; other state ranks and grades;

e/ The State’s policies regarding ethnicities and religions;

g/ Referendum;

h/ Mechanism for constitution protection;

i/ Other matters falling within the jurisdiction of the National Assembly as provided by the Constitution and law.

2. Laws shall only prescribe matters of a stable and long-term nature; specify contents related to human rights, the rights and obligations of citizens, and judicial procedures, matters that greatly impact social life and relations between the State and citizens and society. For sector-based state management contents, new issues related to development facilitation, and matters not yet tested in practice, laws shall only prescribe policy contents of a principled, guiding nature within the National Assembly’s jurisdiction for institutionalizing the Party’s decisions and policies; to allocate powers to the Government and agencies within the state apparatus for further detailing legal provisions, and decentralize powers that suit the capability of each agency, organization, local administration of different levels to organize implementation and promptly meet socio-economic development requirements in each period; basically not prescribe administrative procedures, professional and technical processes and standards, and contents subject to rapid change.

3. The National Assembly may promulgate resolutions on the following contents:

a/ Pilot implementation of certain new policies falling under the decision-making jurisdiction of the National Assembly, which are prescribed differently by current laws;

b/ Suspension, adjustment of the effect or extension of the application of the whole or part of laws or resolutions of the National Assembly to meet urgent requirements on socio-economic development and assurance of human rights and citizen rights;

c/ Other matters as decided by the National Assembly.

4. The formulation of laws on a term basis shall be determined and implemented in accordance with the legislative orientation of the National Assembly for each term and its annual legislative programs.

5. The order and procedures for making, considering and promulgating laws and resolutions of the National Assembly must comply with the Law on Promulgation of Legal Documents.”.

2. To amend and supplement Clause 6 of Article 8 as follows:

“ 6. The National Assembly shall elect the President of the National Election Council, State Auditor-General, and National Assembly Secretary-General and Director of the National Assembly Office at the proposal of the National Assembly Standing Committee.”.

3. To amend and supplement Article 12 as follows:

“Article 12. Collection and casting of confidence votes

The National Assembly may collect and cast votes of confidence on persons holding the positions it has elected or ratified.

The collection and casting of votes of confidence must comply with regulations of the National Assembly.”.

4. To amend and supplement Clause 1 of Article 30 as follows:

“1. National Assembly deputies are entitled to participate in and serve as members of the Ethnic Council or Committees of the National Assembly.

Based on their professional capability, work requirements and ability to arrange time for full participation in activities of National Assembly agencies, National Assembly deputies may register their participation as members of the Ethnic Council or Committees of the National Assembly. The National Assembly Standing Committee may consider and ratify the lists of members of the Ethnic Council and Committees of the National Assembly suitable to the structure and number of members of each agency already decided.”.

5. To amend and supplement Article 39 as follows:

“Article 39. Suspension or annulment of National Assembly deputies’ rights

1. The National Assembly Standing Committee may consider and decide on the suspension of performance of tasks and powers of National Assembly deputies in the following cases:

a/ National Assembly deputies are criminally prosecuted;

b/ In the process of considering and handling violations committed by National Assembly deputies, there are grounds for determining that National Assembly deputies who are cadres, civil servants or public employees are to be disciplined in the form of warning or a stricter measure or to be criminally handled, and for  which the inspecting, supervising, auditing, investigating, prosecuting, adjudicating or judgment-executing bodies have proposed in writing the suspension of performance of National Assembly deputies’ tasks and powers for such National Assembly deputies.

2. National Assembly deputies may resume the performance of their tasks and powers and have their lawful interests restored when competent agencies issue decisions or conclusions that no violations are committed or no disciplinary action will be taken, or decisions to suspend the investigations and the cases against them, or as from the date the court’s legally effective judgments or rulings declare they are not guilty or exempt them from penal liability. In case National Assembly deputies are disciplined, depending on the nature and severity of their violations, they may apply for relief from performance of deputies’ tasks or the National Assembly Standing Committee may consider and decide on their resumption of performance of deputies’ tasks and powers, or propose the National Assembly to relieve them from the position of National Assembly deputy.

3. National Assembly deputies who are convicted under the court’s judgments or rulings shall automatically lose the rights of National Assembly deputies as from the date the court’s judgments or decisions take legal effect.”.

6. To amend and supplement Article 48 as follows:

“Article 48. Formulation of laws, ordinances and resolutions

1. The National Assembly Standing Committee shall assume the prime responsibility for formulating legislative orientations on a term basis and promulgate plans for materializing such orientations after they are approved by competent authorities; decide and adjust annual legislative programs of the National Assembly; give comments on draft laws and draft resolutions, on the acceptance, explanation and refining of draft laws and draft resolutions of the National Assembly before submission to the National Assembly, and assume the prime responsibility for organizing the submission of draft laws and draft resolutions to the National Assembly for consideration and passage.

2. The National Assembly Standing Committee may promulgate ordinances on matters assigned by the National Assembly, and promulgate resolutions for performance of tasks and powers as provided by the Constitution, laws or resolutions of the National Assembly.

The order and procedures for formulating, considering and promulgating ordinances and resolutions of the National Assembly Standing Committee must comply with the Law on Promulgation of Legal Documents.”.

7. To amend and supplement Clauses 1 and 2 of Article 53 as follows:

“1. To propose the National Assembly to elect, relieve from duty and remove from office the President, the National Assembly Chairperson and Vice Chairpersons, members of the National Assembly Standing Committee, Chairperson of the Ethnic Council, Chairpersons of the Committees of the National Assembly, President of the National Election Council, State Auditor-General, and National Assembly Secretary-General and Director of the National Assembly Office.

2. To decide on the number and ratify the lists and the dismissal of Vice-Chairpersons, members being full-time National Assembly deputies of the Ethnic Council and members being part-time National Assembly deputies of the Ethnic Council.

To decide the number and ratify the lists and the dismissal of Vice-Chairpersons, members being full-time National Assembly deputies of the Committees of the National Assembly and members being part-time National Assembly deputies of the Committees of the National Assembly.”.

8. To amend and supplement Clause 4 of Article 54 as follows:

“4. To consider the proposals of the Procurator General of the Supreme People’s Procuracy on the arrest, detention, custody and prosecution of National Assembly deputies, persons winning National Assembly deputies’ elections, and searches of residences and working offices of National Assembly deputies when the National Assembly is in recess; to decide the suspension of performance of National Assembly deputies’ tasks and powers in the cases prescribed in Clause 1, Article 39 of this Law; to report to the National Assembly on the deprivation of National Assembly deputies’ rights.”.

9. To amend and supplement Clause 4 of Article 60 as follows:

“4. The President may attend sessions of the National Assembly Standing Committee; the Prime Minister, the Chief Judge 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 Chairpersons and Vice Chairpersons of the Committees of the National Assembly shall be invited to attend sessions of the National Assembly Standing Committee.

Members being full-time National Assembly deputies of the Ethnic Council or Committees of the National Assembly shall be invited to attend sessions of the National Assembly Standing Committee to discuss issues under the charge of the Council or Committees.”.

10. To amend and supplement Article 66 as follows:

“Article 66. The Ethnic Council, Committees of the National Assembly

1. The Ethnic Council and Committees of the National Assembly are agencies of the National Assembly, established under the National Assembly’s decisions at the proposal of the National Assembly Standing Committee to carry out routine activities specified in Article 68a of this Law, be accountable for and report on their work before the National Assembly; when the National Assembly is in recess, they shall report on their work before the National Assembly Standing Committee.

2. The National Assembly may establish provisional Committees of the National Assembly in case of necessity as provided in Articles 88 and 89 of this Law.”.

11. To amend and supplement Article 67 as follows:

“Article 67. Organizational structures of the Ethnic Council and Committees of the National Assembly

1. The Ethnic Council is composed of the Chairperson, Vice-Chairpersons, and members being full-time National Assembly deputies and members being part-time National Assembly deputies. A National Assembly Committee is composed of the Chairperson, Vice Chairpersons, members being full-time National Assembly deputies and members being part-time National Assembly deputies.

2. The Chairperson of the Ethnic Council, Chairpersons of the Committees of the National Assembly shall be elected by the National Assembly. Vice Chairpersons and members of the Ethnic Council, Vice Chairpersons and members of the Committees shall be ratified by the National Assembly Standing Committee.

3. The standing body of the Ethnic Council, the standing bodies of the Committees of the National Assembly are standing bodies working on a regular basis to assist the Ethnic Council and Committees of the National Assembly in handling matters of the Council and Committees while the latter are in resess, and perform other tasks and powers under regulations and assignment by the National Assembly Standing Committee or National Assembly leaders.

4. The Ethnic Council and the Committees of the National Assembly consist of professional units, directly advising and assisting the Council and Committees.

5. The National Assembly Standing Committee shall prescribe the organizational structures, operation and model working regulations of the Ethnic Council and Committees of the National Assembly; define the organization, tasks and specific powers of professional units of the Ethnic Council and Committees of the National Assembly; decide the payrolls and prescribe the regimes and policies for civil servants who work in the assisting units of the Ethnic Council and the Committees of the National Assembly in conformity with the peculiarities in the operation of the National Assembly.”.

12. To amend and supplement Clause 1 of Article 68 as follows:

“1. The Ethnic Council and Committees of the National Assembly shall work according to the collective regime and decide by majority in combination with elevating the responsibility of the standing office of the Council and standing offices of the Committees and the executing role of its/their Chairpersons.”.

13. To add the following Article 68a below Article 68:

“Article 68a. Functions, tasks and powers of the Ethnic Council, Committees of the National Assembly

1. The Ethnic Council and Committees of the National Assembly shall perform the following functions:

a/ To verify drafts of laws, ordinances and resolutions of the National Assembly and the National Assembly Standing Committee; to verify reports, projects and other schemes in the fields assigned to them;

b/ To oversee the implementation of the Constitution, laws, and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee; to supervise the operations of the Government, ministries, ministerial-level agencies, and other central state agencies; to oversee legal documents of the Government, the Prime Minister, ministers, heads of ministerial-level agencies, and other central agencies that are competent to promulgate legal documents in the fields assigned to them;

c/ To propose matters within the scope of operation of their respective agencies;

d/ To submit draft laws and draft resolutions before the National Assembly, and draft ordinances and draft resolutions before the National Assembly Standing Committee regarding the fields assigned to them;

dd/ To perform other functions as provided by the National Assembly and the National Assembly Standing Committee.

2. Specific tasks and powers of the Ethnic Council and Committees of the National Assembly shall be prescribed by the National Assembly Standing Committee.”.

14. To amend and supplement Clause 2 of Article 84 as follows:

“2. The implementation of foreign-relation activities of the Ethnic Council and Committees of the National Assembly must comply with regulations of the National Assembly Standing Committee and competent authorities.”.

15. To amend and supplement Clause 2 of Article 90 as follows:

“2. The National Assembly holds regular sessions twice a year.

Irregular sessions of the National Assembly may be organized at the request of the President, the National Assembly Standing Committee, the Prime Minister or at least one-third of the total number of National Assembly deputies to promptly consider and decide on urgent matters under the National Assembly’s jurisdiction to meet requirements of socio-economic development and maintenance of national defense, security and foreign relations.”.

16. To amend and supplement the title of Chapter VI as follows: “Assisting apparatus of and funding for operation of the National Assembly”.

17. To amend and supplement Article 99 as follows:

“Article 99. The National Assembly Office

1. The National Assembly Office is an administrative body providing general advice to support activities of the National Assembly, the National Assembly Standing Committee, the Ethnic Council, the Committees of the National Assembly, and National Assembly deputies.

2. The National Assembly Secretary-General and Director of the National Assembly Office is the head of the National Assembly Office, answerable to the National Assembly and National Assembly Standing Committee for the operation of the National Assembly Office.

The National Assembly Secretary-General and Director of the National Assembly Office is the spokesperson of the National Assembly and National Assembly Standing Committee.

3. The National Assembly Standing Committee shall prescribe the tasks, powers and organizational structure of the National Assembly Office; decide on the payroll, prescribe the regimes and policies for cadres, civil servants, public employees and other laborers of the National Assembly Office in conformity with peculiarities in the operation of the National Assembly.”.

18. To amend and supplement Article 101 as follows:

“Article 101. Funding for the operation of the National Assembly

1. Funding for the operation of the National Assembly constitutes a state budget amount decided by the National Assembly, including funding for general activities of the National Assembly, funding for the operation of the National Assembly Standing Committee, the Ethnic Council, the Committees of the National Assembly, and the National Assembly Office, funding for the operation of delegations of National Assembly deputies, salaries of full-time National Assembly deputies, operating expenses, allowances for participation in activities of the National Assembly, allowances and benefits of National Assembly deputies associated with activities of the National Assembly and managed by the National Assembly Office.

2. The estimation, management, allocation and use of operation funds of the National Assembly must comply with the law on the state budget and regulations of the National Assembly Standing Committee in conformity with peculiarities in the operation of the National Assembly.”.

19. To replace the  phrase “extraordinary meetings” in Clause 1 of Article 33, the phrase “extraordinary sessions” in Clause 2 of Article 91 and Clause 1 of Article 92, with the phrase “irregular sessions; to replace the phrase “extraordinary meetings” in Clause 3 of Article 33 with the phrase” organizing irregular sessions”.

20. To remove the phrase “agencies of the National Assembly Standing Committee” in Clause 4 of Article 58.

21. To annul Articles 13, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78 and 79, Clause 2 of Article 80, Clause 3 of Article 84, and Articles 85, 86, 87, 98 and 100.

Article 2. Effect

1. This Law takes effect on the date it is passed by the National Assembly.

2. The Committees of the National Assembly, agencies within the National Assembly Standing Committee, which are organized under Law No. 57/2014/QH13 on Organization of the National Assembly, which has a number of articles amended and supplemented under Law No. 65/2020/QH14, continue operating until the National Assembly or the National Assembly Standing Committee issues decisions on termination of their operation.

This Law was passed on February 17, 2025, by the 15^th National Assembly of the Socialist Republic of Vietnam at its 9^th extraordinary session.-

Chairman of the National Assembly
TRAN THANH MAN