Law amending the Law on organization of the National Assembly, No. 83/2007/QH11

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

(No. 83/2007/QH11)

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10 of December 25, 2001, of the Xth National Assembly, the 10th session;

This Law amends and supplements a number of articles of the Law on Organization of the National Assembly, which was passed on December 25, 2001, by the National Assembly of the Socialist Republic of Vietnam.

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

1. Article 22 is amended and supplemented as follows:

“Article 22.-

The National Assembly sets up the Nationalities Council and the following Commissions:

1. The Law Commission;

2. The Judicial Commission;

3. The Economic Commission;

4. The Financial and Budgetary Commission;

5. The Defense and Security Commission;

6. The Commission for Culture, Education, Youth and Children;

7. The Commission for Social Affairs;

8. The Commission of Science, Technology and Environment;

9. The Commission for Foreign Affairs.”

2. Article 27 is amended and supplemented as follows:

“Article 27.-

The Law Commission has the following tasks and powers:

1. To verify the Government’s tentative law- and ordinance-making programs; law- and ordinance-making proposals of other agencies, organizations or National Assembly deputies, and National Assembly deputies’ motions concerning laws and ordinances;

2. To verify bills and draft ordinances on civil and administrative matters and on the state organizational apparatus, except those on organizational structures of judicial agencies; to verify other drafts as assigned by the National Assembly or its Standing Committee;

3. To ensure constitutionality, legality and consistency of draft laws and ordinances with the legal system before they are submitted to the National Assembly or its Standing Committee for adoption;

4. To assume the prime responsibility for verifying schemes on establishment or dissolution of ministries or ministerial-level agencies, setting up, merger, division or re-delimitation of provinces or centrally run cities, establishment or dissolution of special administrative-economic units; and the Government’s reports on settlement of citizens’ complaints and denunciations;

5. To oversee the implementation of the National Assembly’s laws and resolutions and the National Assembly Standing Committee’s ordinances and resolutions on civil and administrative matters and on the state organizational apparatus, except those on organizational structures of judicial agencies; to oversee activities of the Government, ministries and ministerial-level agencies which fall within the domains managed by the Commission;

6. To oversee legal documents of the Government, the Prime Minister, ministers or heads of ministerial-level agencies, and legal documents jointly issued by central competent state agencies or by competent state agencies and central agencies of socio-political organizations which fall within the domains managed by the Commission;

7. To propose necessary measures to perfect the state apparatus and the legal system.”

3. To add the following Article 27a to Article 27:

“Article 27a.-

The Judicial Commission has the following tasks and powers:

1. To verify bills and draft ordinances on penal matters, criminal procedures, civil procedures, administrative procedures, enforcement of judgments, judicial assistance or organizational structures of judicial agencies, and other drafts as assigned by the National Assembly or its Standing Committee;

2. To verify the Government’s reports on prevention and combat of law violations and crimes, and on enforcement of judgments; to verify work reports of the President of the Supreme People’s Court and the Chairman of the Supreme People’s Procuracy; and to assume the prime responsibility for verifying the Government’s reports on anti-corruption work;

3. To oversee the implementation of the National Assembly’s laws and resolutions and the National Assembly Standing Committee’s ordinances and resolutions on penal matters, criminal procedures, civil procedures, administrative procedures, enforcement of judgments, judicial assistance or organizational structures of judicial agencies; to oversee activities of the Government, the Supreme People’s Court and the Supreme People’s Procuracy in investigation, prosecution, trial, enforcement of judgments or judicial assistance;

4. To oversee legal documents of the Government, the Prime Minister, ministers, heads of ministerial-level agencies, the Supreme People’s Court and the Supreme People’s Procuracy, and legal documents jointly issued by central competent state agencies or by competent state agencies and central agencies of socio-political organizations which fall within the domains managed by the Commission;

5. To oversee the detection and handling of acts of corruption;

6. To make recommendations related to the organization and operation of concerned agencies, penal matters, criminal procedures, civil procedures, administrative procedures, enforcement of judgments, judicial assistance or organizational structures of judicial agencies.”

4. Article 28 is amended and supplemented as follows:

“Article 28.-

The Economic Commission has the following tasks and powers:

1. To verify bills and draft ordinances in the domains of economic management, monetary, banking or business activities, and other drafts as assigned by the National Assembly or its Standing Committee;

2. To assume the prime responsibility for verifying the State’s socio-economic development programs, projects and plans, and the Government’s reports on implementation of socio-economic development tasks and plans;

3. To oversee the implementation of the National Assembly’s laws and resolutions and the National Assembly Standing Committee’s ordinances and resolutions in the economic management, monetary, banking or business domains; to assume the prime responsibility for supervising activities of the Government, ministries or ministerial-level agencies in the implementation of state socio-economic development programs, projects or plans, and economic, monetary and banking policies;

4. To oversee legal documents of the Government, the Prime Minister, ministers or heads of ministerial-level agencies, and legal documents jointly issued by central competent state agencies or by competent state agencies and central agencies of socio-economic organizations which fall within the domains managed by the Commission;

5. To make recommendations related to the organization and operation of concerned agencies, and economic management, monetary, banking or business activities.”

5. To add the following Article 28a to Article 28:

“Article 28a.-

The Financial and Budgetary Commission has the following tasks and powers:

1. To verify bills and draft ordinances in the financial and budgetary domain and other drafts as assigned by the National Assembly or its Standing Committee;

2. To assume the prime responsibility for verifying state budget estimates, central budget allocation plans and state budget finalization;

3. To oversee the implementation of the National Assembly’s laws and resolutions and the National Assembly Standing Committee’s ordinances and resolutions in the financial and budgetary domain; to supervise activities of the Government, ministries and ministerial-level agencies in the implementation of state budget estimates and financial and budgetary policies;

4. To oversee legal documents of the Government, the Prime Minister, ministers or heads of ministerial-level agencies, and legal documents jointly issued by central competent state agencies or by competent state agencies and central agencies of socio-economic organizations which fall within the domains managed by the Commission;

5. To make recommendations related to the organization and operation of concerned agencies, and financial and budgetary matters.”

6. Article 34 is amended and supplemented as follows:

“Article 34.-

The Nationalities Council and Commissions of the National Assembly, within the ambit of their tasks and powers, have the following responsibilities:

1. To join the Economic Commission in verifying the State’s socio-economic development programs, projects or plans and the Government’s reports on implementation of socio-economic development tasks and plans;

2. To join the Financial and Budgetary Commission in verifying state budget estimates, central budget allocation plans and state budget finalization;

3. To join the Law Commission in verifying schemes on establishment or dissolution of ministries or ministerial-level agencies, setting up, merger, division or re-delimitation of provinces or centrally run cities, setting up or dissolution of special administrative-economic units; and the Government’s reports on settlement of citizens’ complaints and denunciations;

4. To join the Judicial Commission in verifying the Government’s reports on anti-corruption work;

5. To oversee the implementation of the state budget and anti-corruption work within the domains managed by the Nationalities Council or Commissions.”

Article 2.- This Law takes effect on July 1, 2007.

This Law was passed on April 2, 2007, by the XIth National Assembly of the Socialist Republic of Vietnam at its 11th session.

Chairman of the National Assembly
NGUYEN PHU TRONG