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

LAW

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE LAW ON ORGANIZATION OF THE NATIONAL ASSEMBLY

Pursuant to the Constitution of the Socialist Republic of Vietnam;

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

Article 1. Amending and supplementing a number of articles of the Law on Organization of the National Assembly

1. To amend and supplement Article 5 as follows:

“Article 5. Making and amending laws

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

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

b) Human rights, fundamental rights and obligations of citizens that, under the Constitution, must be regulated by laws; any restriction of human rights and citizens’ rights; crimes and penalties; judicial proceedings;

c) Fundamental policies on the economy, society, culture, education, science, technology, environment, national finance and currency, and the state budget; regulations on taxes, orders, medals, and state honorary titles;

d) Fundamental policies on national defense and security; ranks and grades in the people’s armed forces; provisions on states of emergency and other special measures to ensure national defense and security;

dd) Basic external policies; diplomatic ranks and grades; other state ranks and grades;

e) The State’s policies on ethnicities, policies on religion;

g) Holding referenda;

h) The mechanism to defend the Constitution;

i) Other issues under the competence of the National Assembly as prescribed by the Constitution and laws.

2. The laws only provide for stable matters with long-term validity; defines in detail issues related to human rights, the rights and obligations of citizens, judicial procedures, and matters that significantly affect social life and the relationship between the State and citizens and society. For contents of state management by fields, newly emerging and tectonic issues, or issues yet to be verified in practice, the laws only provide for the principled and directional policy contents within the authority of the National Assembly for institutionalization of the Party’s guidelines and policies; delegation of authority to the Government and agencies within the state apparatus to further elaborate on the laws’ regulations and to effectuate the decentralization in line with the implementation capacity of each agency, organization, and local administration at all levels, promptly meeting the demands of socio-economic development in each period. Essentially, the laws do not define administrative procedures, specialized professional or technical processes and standards, or other highly changeable matters.

3. The National Assembly issues a resolution to regulate the following contents:

a) Pilot implementation of certain new policies falling under the National Assembly’s decision-making authority that differ from the current laws’ regulations;

b) Suspension, adjustment of effect, or extension of the period of application, in whole or in part, of laws or resolutions of the National Assembly to meet urgent socio-economic development requirements and ensure human rights and citizens’ rights;

c) Other matters as decided by the National Assembly.

4. The legislative formulation for each term shall be determined and carried out in accordance with the National Assembly’s legislative orientation for the term and the National Assembly’s annual legislative program.

5. The order and procedures for formulating, reviewing, and promulgating laws and resolutions of the National Assembly shall comply with the Law on the Promulgation of Legal Documents.”.

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

“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 - Chairperson of the Office of the National Assembly at the proposal of its Standing Committee.”.

3. To amend and supplement Article 12 as follows:

“Article 12. Collection and casting of votes of confidence

The National Assembly shall collect votes of confidence and cast votes of confidence on holders of positions elected or approved by the National Assembly.

Collection and casting of votes of confidence shall comply with the National Assembly’s regulations.”.

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

“1. A National Assembly deputy has the right to join as member in the Ethnic Council or a Committee of the National Assembly.

On the basis of his/her professional qualifications, work requirements, and the ability to allocate time for full participation in the activities of the National Assembly’s agencies, the National Assembly deputy may register to be a member of the Ethnic Council or a Committee of the National Assembly.  The Standing Committee of the National Assembly shall consider and approve the list of members of the Ethnic Council and Committees of the National Assembly in conformity with the number of members of each agency as decided.”.

5. To amend and supplement Article 39 as follows:

“Article 39. Suspension or loss of the rights of National Assembly deputies

1. The Standing Committee of the National Assembly shall consider and decide to suspend the performance of tasks and exercise of powers by a National Assembly deputy in the following cases:

a) The National Assembly deputy is charged with an offense;

b) During the process of considering and handling of violations by the National Assembly deputy, if there are grounds to determine that disciplinary action from a warning or higher must be taken against the National Assembly deputy being a cadre, civil servant or public employee, or if criminal prosecution is required and the inspection, auditing, investigation, prosecution, trial or judgment enforcement agency issues a written request for suspension from performance of tasks and exercise of powers of National Assembly deputy by such National Assembly deputy.

2. The National Assembly deputy may resume performance of his/her tasks and powers and have his/her lawful interests restored when a competent agency issues a decision or conclusion on the absence of violations and the non-imposition of disciplinary action, or a decision on termination of the investigation or the criminal case against him/her or from the time a legally effective court judgment or decision pronounces that this deputy is innocent or exempted from penal liability. In cases a disciplinary action is taken against the National Assembly deputy, depending on the nature and severity of the violation, the National Assembly deputy may apply to resign from performing the tasks of a deputy, or the Standing Committee of the National Assembly shall consider and decide on the resumption of performance of his/her tasks and powers as a deputy or request the National Assembly to remove him/her from office.

3. A National Assembly deputy who is convicted under a court judgment or decision shall automatically lose the rights of a National Assembly deputy from the date that judgment or decision takes legal effect.”.

6. To amend and supplement Article 48 as follows:

“Article 48. Making of laws, ordinances and resolutions

1. The Standing Committee of the National Assembly shall assume the prime responsibility for formulating the term-based legislative orientation of the National Assembly and promulgating a plan for implementation of the term-based legislative orientation after it is approved by the competent authorities; decide on and adjust the National Assembly’s annual legislative program; provide opinions on projects of laws, draft resolutions, and the reception, explanation, and revision of the draft laws and draft resolutions of the National Assembly before they are submitted to the National Assembly, and assume the prime responsibility for the process of submitting laws and resolutions to the National Assembly for consideration and approval.

2. The Standing Committee of the National Assembly shall enact ordinances on matters assigned by the National Assembly; promulgate resolutions to carry out its tasks and powers in accordance with the Constitution, laws, and resolutions of the National Assembly.

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

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

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

2. To decide on the numbers and approve the list and approve the resignation of members of Vice Chairpersons and Members who are National Assembly deputies working full-time at the Ethnic Council, as well as Members who are National Assembly deputies working part-time at the Ethnic Council.

To decide on the numbers and approve the list and approve the resignation of members of Vice Chairpersons and Members who are National Assembly deputies working full-time at the Committees, as well as Members who are National Assembly deputies working part-time at the Committees of the National Assembly.”.

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

“4. When the National Assembly is in recess, to consider proposals of the Procurator General of the Supreme People’s Procuracy on the arrest, custody, detention of and institution of criminal cases against National Assembly deputies and persons being elected to the National Assembly, search of places of residence and workplaces of National Assembly deputies; to decide to suspend the performance of tasks and exercise of powers of National Assembly deputies for the cases defined in Clause 1 Article 39 of this Law; to report to the National Assembly on the loss of representative powers of National Assembly deputies.”.

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

“4. The President has the right to attend meetings of the Standing Committee of the National Assembly; the Prime Minister, the Chief Justice 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 the Chairpersons and Vice Chairpersons of Committees of the National Assembly may be invited to meetings of the Standing Committee of the National Assembly.

Members who are National Assembly deputies working full-time at the Ethnic Council and Committees of the National Assembly may be invited to meetings of the Standing Committee of the National Assembly in which matters related to the fields under the charge of the Council and Committees are discussed.”.

10. To amend and supplement Article 66 as follows:

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

1. The Ethnic Council and Committees of the National Assembly are agencies of the National Assembly, which are established under the decisions of the National Assembly based on the proposal of the Standing Committee of the National Assembly to carry out the function of regular operation specified in Article 68a of this Law, take responsibility before and report on their work to the National Assembly; when the National Assembly is in recess, they shall report their work to the Standing Committee of the National Assembly.

2. The National Assembly shall establish an ad-hoc Committee of the National Assembly when necessary, in accordance with 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 shall be composed of the Chairperson, Vice Chairpersons, Members being National Assembly deputies working full-time at the Ethnic Council, as well as Members being National Assembly deputies working part-time at the Ethnic Council. A Committee of the National Assembly shall be composed of the Chairperson, Vice Chairpersons, Members being National Assembly deputies working full-time at the Committee, as well as Members being National Assembly deputies working part-time at the Committee.

2. The Chairpersons of the Ethnic Council and Committees of the National Assembly shall be elected by the National Assembly Vice Chairpersons and Members of the Ethnic Council and Committees of the National Assembly shall be approved by the Standing Committee of the National Assembly.

3. The standing body of the Ethnic Council or of a Committee of the National Assembly is a permanent agency that work regularly to assist the Ethnic Council or Committee of the National Assembly in dealing with affairs of the Council or Committee when the latter is in recess and carry out other tasks and powers according to regulations and assignment by the Standing Committee of the National Assembly and the National Assembly’s leadership.

4. The Ethnic Council and Committees of the National Assembly have their specialized units that directly advise and assist them.

5. The Standing Committee of the National Assembly shall define the organizational structure, operation, and sample working regulations of the Ethnic Council and the Committees of the National Assembly; specify the organization, specific powers and tasks  of the professional units of the Ethnic Council and the Committees of the National Assembly; decide on the payroll and stipulate regimes and policies applicable to the civil servant staff assisting the Ethnic Council and the Committees of the National Assembly, in conformity with specific characteristics of the activities of the National Assembly.”.

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

“1. The Ethnic Council or a Committee of the National Assembly shall work on a collegial basis, make decisions by a vote of the majority, while emphasizing the responsibility of the standing body of Ethnic Council or the standing body of Committee of the National Assembly, and the executive role of Chairperson of the Council or Chairperson of the Committee.”.

13. To add Article 68a after Article 68 as follows:

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

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

a) To verify draft laws, ordinances, and resolutions of the National Assembly and the Standing Committee of the National Assembly; to verify other reports, projects, and plans in the fields under their responsibility;

b) To oversee the implementation of the Constitution, laws, resolutions of the National Assembly, ordinances and resolutions of the Standing Committee of the National Assembly; to supervise the activities of the Government, ministries, ministerial-level agencies, and other central state agencies; to oversee the legal documents issued by the Government, the Prime Minister, Ministers, Heads of ministerial-level agencies, and other central agencies competent to promulgate legal documents in the fields under their responsibility;

c) To make proposals on issues within the scope of their operations;

d) To submit draft laws or resolutions before the National Assembly, and draft ordinances or resolutions before the Standing Committee of the National Assembly in the fields under their responsibility;

dd) To perform other functions as prescribed by the National Assembly and the Standing Committee of the National Assembly.

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

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

“2. The performance of external activities of the Ethnic Council and Committees of the National Assembly shall comply with the regulations of the Standing Committee of the National Assembly and competent authorities.”.

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

“2. The National Assembly shall hold two regular sessions a year.

The National Assembly may, at the proposal of the President, Standing Committee of the National Assembly, Prime Minister or by at least one-third of the total number of National Assembly deputies, decide to conduct an irregular session in order to promptly consider and decide on urgent issues within the National Assembly's competence, meeting the requirements of socio-economic development, national defense, security, and foreign affairs.”.

16. To amend and supplement the title of Chapter VI as follows: The assisting apparatus and operation funds of the National Assembly.”.

17. To amend and supplement Article 99 as follows:

 “Article 99. The Office of the National Assembly

1. The Office of the National Assembly is the administrative agency providing general advice and services for the National Assembly and the National Assembly Standing Committee, Ethnic Council, Committees and National Assembly deputies.

2. The Secretary General cum Chairperson of the Office of the National Assembly is the head of the Office of the National Assembly and shall take responsibility before the National Assembly and its Standing Committee for the activities of the Office of the National Assembly.

The Secretary General cum Chairperson of the Office of the National Assembly is the speaker of the National Assembly and its Standing Committee.

3. The Standing Committee of the National Assembly shall define the tasks, powers and organizational structure of the Office of the National Assembly; decide on the payroll, stipulate regimes and policies applicable to cadres, civil servants, public employees and other employees of the Office of the National Assembly in conformity with specific characteristics of the activities of the National Assembly.”.

18. To amend and supplement Article 101 as follows:

“Article 101. Operation funds of the National Assembly

1. The operation funds of the National Assembly are a part of the state budget as decided by the National Assembly, including the fund for general activities of the National Assembly, the fund for activities of the Standing Committee of the National Assembly, the Ethnic Council, the Committees of the National Assembly and the Office of the National Assembly, the fund for activities of National Assembly deputies’ delegations, salary of full-time National Assembly deputies, allowances, remuneration for participation in National Assembly activities, allowances and benefits of National Assembly deputies that are associated with the operations of the National Assembly and are managed by the Office of the National Assembly.

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

19. To replace the phrase “an extraordinary meeting” in Clause 1 Article 33, the phrase “an extraordinary session” in Clause 2 Article 91, Clause 1 Article 92 with the phrase “an irregular session”; and to replace the phrase “convene an extraordinary meeting” in Clause 3 Article 33 with the phrase “convene an irregular session”.

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

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

Article 2. Effect

1. This Law takes effect on the date of its adoption by the National Assembly.

2. The operation of Committees of the National Assembly, agencies of the Standing Committee of the National Assembly organized in accordance with the Law on Organization of the National Assembly No. 57/2014/QH13 shall be continued until the National Assembly or the Standing Committee of the National Assembly issues a decision on the termination of such operation.

___________________________________________

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