Law Amending the Law on Organization of the National Assembly, No. 65/2020/QH14

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 June 19, 2020, by the XIV^thNational Assembly of the Socialist Republic of Vietnam at its 9^thsession.

President of the Socialist Republic of Vietnam
NGUYEN PHU TRONG

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.

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

1. To add the following Clause 1a below Clause 1, Article 22:

“1a. To have only one citizenship which is Vietnamese citizenship.”.

2. To amend and supplement Clause 2, Article 23 as follows:

“2. The number of full-time National Assembly deputies must account for at least forty percent of the total number of National Assembly deputies.”.

3. To amend and supplement Clause 3, Article 26 as follows:

“3. Full-time National Assembly deputies shall attend conferences of full-time National Assembly deputies and other conferences convened by the Standing Committee of the National Assembly. Part-time National Assembly deputies may register for attending conferences of full-time National Assembly deputies to discuss issues of their concern.”.

4. To amend and supplement a number of points and clauses of Article 43 as follows:

a/ To amend and supplement Point dd, Clause 2 as follows:

“dd/ To direct activities of the apparatus advising, assisting, and serving activities of, the delegation.”;

b/ To add Clause 3a below Clause 3, and amend and supplement Clause 4 as follows:

“3a. The number and list of full-time National Assembly deputies in a National Assembly deputies’ delegation shall be decided and approved by the Standing Committee of the National Assembly.

The agency with cadre management competence in a province or centrally run city as decentralized shall manage cadre-related affairs for full-time National Assembly deputies in the locality under regulations of the Standing Committee of the National Assembly.

4. The Office of the National Assembly deputies’ delegation and provincial-level People’s Council shall act as the body advising, assisting, and serving activities of, National Assembly deputies and the National Assembly deputies’ delegation in the locality.

The local administration of a province or centrally run city shall arrange a working office for the National Assembly deputies’ delegation, and organize, and ensure operation funds for, the Office of the National Assembly deputies’ delegation and provincial-level People’s Council under regulations of the Standing Committee of the National Assembly.”.

5. To amend and supplement the title of, and add a number of clauses to, Article 44 as follows:

a/ To amend and supplement the title of Article 44 as follows:

“Article 44. Position, functions, organizational structure, and operational principles of the Standing Committee of the National Assembly”;

b/ To add the following Clauses 4 and 5 below Clause 3:

“4. The Standing Committee of the National Assembly shall work on a collegial basis and make decisions by a vote of majority. Ordinances and resolutions of the Standing Committee of the National Assembly shall be adopted when they are voted for by more than half of the total number of members of the Standing Committee of the National Assembly.

5. At the year-end session of the National Assembly, the Standing Committee of the National Assembly shall send its work report to National Assembly deputies. At the final session of each tenure of the National Assembly, the Standing Committee of the National Assembly shall submit the work report of its tenure to the National Assembly for consideration and discussion.”.

6. To amend and supplement the title of, and add a clause to, Article 47 as follows:

a/ To amend and supplement the title of Article 47 as follows:

“Article 47. The Standing Committee of the National Assembly preparing, convening and presiding over National Assembly sessions and other meetings”;

b/ To add the following Clause 7 below Clause 6:

“7. Based on the practical requirements and situation, the Standing Committee of the National Assembly shall decide to convene a meeting of full-time National Assembly deputies prior to each National Assembly session for discussing and giving opinions on projects, schemes and reports before submitting them to the National Assembly.”.

7. To amend and supplement a number of clauses of Article 53 as follows:

a/ To amend and supplement Clause 2 as follows:

“2. To decide on the number of, and approve the list and the resignation of, members of,  the Ethnic Council, and decide on the number of, and approve the list and the resignation of, Vice Chairpersons, standing members, and full-time members of the Ethnic Council at the proposal of the Chairperson of the Ethnic Council.

To decide on the number of, and approve the list and the resignation of, members of a Committee of the National Assembly, and decide on the number of, and approve the list and the resignation of, Vice Chairpersons, standing members, and full-time members of a Committee of the National Assembly at the proposal of the Chairperson of such Committee.”;

b/ To amend and supplement Clauses 4 and 5 as follows:

“4. To approve results of election, and the resignation of heads and deputy heads of National Assembly deputies’ delegations.

5. To approve results of election, relief from duty, and removal from office of Chairpersons and Vice Chairpersons of provincial-level People’s Councils.”.

8. To amend and supplement a number of clauses of Article 54 as follows:

a/ To amend and supplement Clause 1 as follows:

“1. To stipulate the implementation of cadre management work for full-time National Assembly deputies, and the performance of tasks of National Assembly deputies, and regimes, policies, and other conditions for National Assembly deputies and full-time National Assembly deputies.”;

b/ To amend and supplement Clause 3 as follows:

“3. To guide activities, consider activity reports, and decide on the allocation of operation funds of National Assembly deputies’ delegations.”.

9. To amend and supplement Article 59 as follows:

“Article 59. Responsibility of the Standing Committee of the National Assembly for holding referenda

1. To hold a referendum under the National Assembly’s decision.

2. To perform their tasks and exercise their powers in referendum holding in accordance with the Law on Referendum.”.

10. To amend and supplement Clause 3, Article 67 as follows:

“3. The standing body of the Ethnic Council or of a Committee of the National Assembly shall assist the Ethnic Council or such Committee in dealing with regular affairs of the Council or Committee when the latter is in recess.

The standing body of the Ethnic Council shall be composed of the Chairperson, Vice Chairpersons, standing members, and full-time members of the Ethnic Council. The standing body of a Committee of the National Assembly shall be composed of the Chairperson, Vice Chairpersons, standing members, and full-time members of such Committee.”.

11. To add the following Clause 1a above Clause 1, Article 79:

“1a. To join in verifying contents in the fields under the charge of the Ethnic Council or Committees in draft laws, draft ordinances, and draft resolutions which other agencies of the National Assembly are in charge of verifying;”.

12. To add the following Clause 1a above Clause 1, Article 80:

“1a. In the course of verifying draft laws, draft ordinances, and draft resolutions, the Ethnic Council and Committees of the National Assembly shall ensure the constitutionality, legality and consistency of such draft laws, draft ordinances, and draft resolutions with the legal system.”.

13. To amend and supplement Clauses 1 and 2, Article 87 as follows:

“1. The Ethnic Council or a Committee of the National Assembly shall hold a plenary meeting to verify draft laws, draft ordinances, draft resolutions or other schemes, reports or draft documents for submission to the National Assembly or the Standing Committee of the National Assembly; and consider and decide on other matters falling within the ambit of its tasks and powers.

The plenary meeting of the Ethnic Council or a Committee of the National Assembly shall be attended by more than half of the total number of members of the Council or Committee.

Reports, resolutions, recommendations, and other matters which fall within the deciding competence of the Ethnic Council or a Committee of the National Assembly shall be approved when they are voted for by more than half of the total number of members of the Council or Committee.

2. Members of the Ethnic Council or a Committee of the National Assembly shall attend meetings of the Council or Committee according to the summons of the Chairperson of the Council or Committee; discuss and vote on matters considered at the meetings; and, when unable to attend the meetings, state a plausible reason and report it to and obtain the consent of the Chairperson of the Council or Committee.”.

14. To amend and supplement Point d, Clause 1, Article 99 as follows:

“d/ To ensure physical foundations and other conditions for activities of the National Assembly, agencies of the National Assembly, agencies of the Standing Committee of the National Assembly, and National Assembly deputies; to create conditions for National Assembly deputies to propose draft laws and draft ordinances and motions on laws and ordinances.”.

15. To amend and supplement Clause 1, Article 101 as follows:

“1. The operation funds of the National Assembly constitute a separate item in the state budget to be decided by the National Assembly, which include the fund for general activities of the National Assembly; the fund for activities of the Standing Committee, the Ethnic Council, the Committees, the Secretary General and the Office of the National Assembly, and agencies of the Standing Committee of the National Assembly; the fund for activities of National Assembly deputies’ delegations, wages of full-time National Assembly deputies, expenses for activities remuneration for participation in activities of the National Assembly, and other allowances and regimes for National Assembly deputies in association with the National Assembly’s activities.”.

16. To replace:

a/ The words “was elected” in Clause 1, Article 36 with the words “performs the tasks of a National Assembly deputy”;

b/ The phrase “the Committee for Culture, Education, Youth and Children” at Point e, Clause 2, Article 66, and in the title of Article 75 with the phrase “the Committee for Culture and Education”;

c/ The phrase “the Committee on Social Affairs” at Point g, Clause 2, Article 66, and in the title of Article 76 with the phrase “the Social Committee”.

17. To remove:

a/ The phrases “of their constituencies” and “at constituencies” in Clause 2, Article 27;

b/ The words “who stand for election” in Clause 2, Article 36.

Article 2.Implementation provisions

1. This Law takes effect on January 1, 2021, except the case specified in Clause 2 of this Article.

2. Clause 2, and Points b and c, Clause 16, Article 1 of this Law shall be implemented from the XV^thNational Assembly.

3. To terminate the pilot consolidation of Offices of National Assembly deputies’ delegations, Offices of provincial-level People’s Councils, and Offices of the provincial-level People’s Committees under Resolution No. 580/2018/UBTVQH14 of October 14, 2018, of the Standing Committee of the National Assembly.

Offices of the National Assembly deputies’ delegations established under Resolution No.  1097/2015/UBTVQH13 of December 22, 2015, of the Standing Committee of the National Assembly, and Offices of National Assembly deputies’ delegations and provincial-level People’s Councils and People’s Committees which are organized on a pilot basis under Resolution No. 580/2018/UBTVQH14 of October 14, 2018, of the Standing Committee of the National Assembly, may continue operating until the Offices of National Assembly deputies’ delegations and provincial-level People’s Councils are established to advise, assist, and serve general activities of, National Assembly deputies’ delegations and People’s Councils under regulations of the Standing Committee of the National Assembly. The establishment of the Offices of National Assembly deputies’ delegations and provincial-level People’s Councils shall be completed before July 1, 2021.

This Law was passed on June 19, 2020, by the XIV^thNational Assembly of the Socialist Republic of Vietnam at its 9^thsession.-

Chairwoman of the National Assembly
NGUYEN THI KIM NGAN