Resolution No. 719/2014/UBTVQH13 dated January 06, 2014 if the Standing Committee of National Assembly on guiding the implementation of Clause 2, Article 2 of the National Assembly’s Resolution No. 64/2013/QH13 of November 28, 2013, on the implementation of the Constitution of the Socialist Republic of Vietnam

RESOLUTION

Guiding the implementation of Clause 2, Article 2 of the National Assembly’s Resolution No. 64/2013/QH13 of November 28, 2013, on the implementation of the Constitution of the Socialist Republic of Vietnam[1]

THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY OF
THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to the Constitution of the Socialist Republic of Vietnam;

Pursuant to the National Assembly’s Resolution No. 64/2013/QH13 of November 28, 2013, on the implementation of the Constitution of the Socialist Republic of Vietnam;

At the proposal of the Law Committee in Report No. 2203/TTr-UBPL13 of December 31, 2013,

RESOLVES:

Article 1.Scope of regulation

1. All provisions of the Constitution of the Socialist Republic of Vietnam are implemented from the effective date of the Constitution.

2. State agencies shall perform the functions and tasks and exercise the powers defined in the Constitution. In case the competence to settle an affair currently settled by a state agency under the 1992 Constitution is now transferred to another state agency under the Constitution of the Socialist Republic of Vietnam, the transfer of competence is conducted according to Clause 2, Article 2 of the National Assembly’s Resolution No. 64/2013/QH13 of November 28, 2013, on the implementation of the Constitution of the Socialist Republic of Vietnam, and the guidance in this Resolution.

Article 2.Ratification of, decision on the accession to, or abrogation of treaties

1. The President shall propose the National Assembly to ratify, decide on the accession to, or abrogate, treaties under Clause 14, Article 70 of the Constitution of the Socialist Republic of Vietnam.

2. The Government shall propose the President to decide on the negotiation and conclusion of treaties; propose the President to ratify, decide on the accession to, or abrogate, treaties under Clause 6, Article 88 of the Constitution of the Socialist Republic of Vietnam.

3. The order and procedures for the Government to propose the President to decide on the negotiation and conclusion of treaties and to ratify, or decide on the accession to, or abrogate, treaties comply with the Law on the Conclusion of, Accession to, and Implementation of Treaties.

4. The President may, by himself/herself or at the Government’s request, authorize in writing the Government to organize the negotiation and conclusion of treaties in the name of the State.

Article 3.Appointment and relief from duty of ambassadors extraordinary and plenipotentiary of the Socialist Republic of Vietnam

1. The Prime Minister shall submit to the Standing Committee of the National Assembly for approval proposals on the appointment or relief from duty of ambassadors extraordinary and plenipotentiary of the Socialist Republic of Vietnam.

2. The Committee for Foreign Relations of the National Assembly shall verify reports, made by the Prime Minister to the Standing Committee of the National Assembly, requesting the approval of proposals on appointment or relief from duty of ambassadors extraordinary and plenipotentiary of the Socialist Republic of Vietnam.

3. Based on the Prime Minister’s reports and the Committee for Foreign Relations’ verification opinions, the Standing Committee of the National Assembly shall discuss and promulgate resolutions approving the proposals on appointment or relief from duty of ambassadors extraordinary and plenipotentiary of the Socialist Republic of Vietnam.

4. Based on the Standing Committee of the National Assembly’s resolutions, the President shall appoint or relieve from duty ambassadors extraordinary and plenipotentiary of the Socialist Republic of Vietnam.

Article 4.Approval of Vice Chairpersons and Members of the Ethnic Council, Vice Chairpersons and Members of the Committees of the National Assembly

1. The Chairperson of the Ethnic Council shall propose the Standing Committee of the National Assembly to approve Vice Chairpersons and Members of the Ethnic Council; the Chairperson of a Committee of the National Assembly shall propose the Standing Committee of the National Assembly to approve Vice Chairpersons and Members of his/her Committees.

2. The Standing Committee of the National Assembly shall discuss and promulgate resolutions on approval of Vice Chairpersons and Members of the Ethnic Council; and Vice Chairpersons and Members of the Committees of the National Assembly.

Article 5.Award, promotion, demotion or deprivation of ranks of general, naval rear admiral, naval vice admiral and naval admiral; appointment, relief from duty or dismissal of the Chief of the General Staff or the Director of the Political General Department of the Vietnamese People’s Army

1. The President shall decide on the award, promotion, demotion or deprivation of the ranks of general, naval rear admiral, naval vice admiral and naval admiral.

2. The order and procedures for appointment, relief from duty or dismissal of the Chief of the General Staff or the Director of the Political General Department of the Vietnamese People’s Army comply with current regulations.

Article 6.Appointment, relief from duty or dismissal of Judges of Courts

1. Judges of the Supreme People’s Court, Judges of the Military Court and Judges of other Courts who were appointed before January 1, 2014, shall continuously perform their tasks till the end of their terms of office, unless otherwise provided by new laws.

2. From January 1, 2014, the appointment, relief from duty or dismissal of Judges of the Supreme People’s Court is provided as follows:

a/ The Chief Justice of the Supreme People’s Court shall propose the National Assembly to approve the appointment, relief from duty or dismissal of Judges of the Supreme People’s Court at the proposal of the Selection Council of Judges of the Supreme People’s Court;

b/ The Justice Committee of the National Assembly shall verify reports on approval of the appointment, relief from duty or dismissal of Judges of the Supreme People’s Court submitted to the National Assembly;

c/ The National Assembly shall discuss and promulgate resolutions approving proposals on the appointment, relief from duty or dismissal of Judges of the Supreme People’s Court;

d/ Pursuant to the National Assembly’s resolutions, the President shall appoint, relieve from duty or dismiss Judges of the Supreme People’s Court.

3. The Chief Justice of the Supreme People’s Court shall propose the President to appoint, relieve from duty or dismiss Judges of other Courts at the proposal of the Selection Councils of Judges of the Supreme People’s Court and the Military Court.

Article 7.Establishment, dissolution, consolidation, separation, or adjustment of the boundaries of administrative units

1. The Government shall propose the Standing Committee of the National Assembly to decide on the establishment, dissolution, consolidation, separation, or adjustment of the boundaries of, the administrative units under the provinces or centrally run cities.

2. The Law Committee of the National Assembly shall verify the Government’s schemes on establishment, dissolution, consolidation, separation, or adjustment of the boundaries of, the administrative units under the provinces or centrally run cities.

3. The Standing Committee of the National Assembly shall discuss and promulgate resolutions on the establishment, dissolution, consolidation, separation, or adjustment of the boundaries of, the administrative units under the provinces or centrally run cities.

4. Public consultation on the establishment, dissolution, consolidation, separation, or adjustment of the boundaries of administrative units is required and shall be carried out under the currently prescribed order and procedures.

Article 8.Effect

This Resolution takes effect on the date of its signing.-

On behalf of the Standing Committee of
the National Assembly
President
NGUYEN SINH HUNG