The National Assembly is the highest representative organ of the people; the highest organ of state power of the Socialist Republic of Vietnam, the sole organ that has the constitutional and legislative rights.
a) Functions:
The National Assembly decides the fundamental domestic and foreign policies, the socio-economic tasks, national defense and security issues, the major principles governing the State machinery, the social relations and activities of citizens. The National Assembly exercises the right to supreme supervision of all activities of the State.
The National Assembly has the highest authority to make Constitution and Laws. Legal documents promulgated by the National Assembly are the Constitution, codes, laws and resolutions.
The National Assembly has three main functions: legislative, deciding the important issues of the country and carrying out the supreme supervision power of all activities of the State.
b) The terms of the National Assembly: The term of each National Assembly is five years.
c)Deputies to the National Assembly:
Any Deputy to the National Assembly must be a person, who is at the youngest of 21 and faithful to the Fatherland and the Constitution of the Socialist Republic of Vietnam, striving to implement the renovation for the course of wealthy people and strong country; having a sufficient level of qualification, and being capable of performing the duties of a Deputy to the National Assembly, deciding important issues of the Nation, having good conduct, moral and ethics, and who is otherwise exemplary in respecting the law and worthy of the people's trust.
Deputies to the National Assembly are elected directly by the people and act on behalf of the people in the National Assembly.
A Deputy to the National Assembly takes part in deciding issues within the competence of the National Assembly such as adopting the Constitution and all laws, deciding domestic and external policies, including those affecting economic and social affairs. Other issues within the competence of the National Assembly that a Deputy takes part in deciding include national defense and security, fundamental principles of organization and activities of the State apparatus, social relationships and activities of citizens, and the supervision of activities of state agencies.
d) The Chairman and Vice Chairmen of the National Assembly: They are elected by the National Assembly among NA deputies in the first session of every NA tenure. Vice Chairmen are the assistants to the Chairman as assigned by the latter.
e)The Standing Committee of the National Assembly:
The Standing Committee of the National Assembly is the permanent body of the National Assembly between the two sessions.
The Standing Committee supervises the implementation of the Constitution, laws and resolutions approved by the National Assembly, ordinances and resolutions issued by the NA Standing Committee; and the performance of the Government, Supreme People’s Court, Supreme People’s Procuracy.
The NA Standing Committee shall issue ordinances to clarify the Constitution, laws and ordinance.
The members of the Standing Committee of the National Assembly may not simultaneously be members of the Government. The majority of the members work on full-time basis. The terms of office correspond with the term of office of the National Assembly. When the term of the National Assembly, the Standing Committee of the National Assembly continues to work until the new National Assembly elects a new Standing Committee.
The 1992 Constitution stipulates that the Standing Committee of the National Assembly has twelve tasks and powers. Among them are the powers to announce, convene and chair the National Assembly sessions, to interpret the constitution, laws and ordinances, and to issue ordinances on those matters assigned by the National Assembly. The Standing Committee of the National Assembly also supervises and guides the activities of the People's Councils and directs, regulates and coordinates the activities of the Council of Ethnic Affairs and all Committees of the National Assembly.
g) Councils administered by the National Assembly: The National Defense and Security Council consists of the State President as the Chairman, the Prime Minister as the Vice Chairman and four members.
The Council of Ethnic Affairs consists of one Chairman and 38 members.
h) Functional committees of the National Assembly: Committee on Laws, Committee on External Relations, Committee on Economy and Budget, Committee on National Defense and Security, Committee on Social Issues, Committee on Education, Culture, Youth and Children, and Committee on Science, Technology and Environment
2. The State President:
The State President, as the Head of State, is elected by the National Assembly from among its deputies to represent the Socialist Republic of Vietnam internally and externally.
According to Article 103 of the 1992 Constitution, the President has major executive and legislative power as follows:
- Promulgates legal documents adopted by the National Assembly, such as the Constitution, laws and ordinances;
- Has overall command of the armed forces and holds the office of Chairman of the National Defense and Security Council;
- Appoints or proposes the appointment of, releases from duty, dismisses the Vice-Presidents, Prime Minister, Chief Judge of the Supreme People's Court, Head of the Supreme People's Procuracy;
The President is assisted by the Vice President, the President’s Office, and the National Defense and Security Council.
+ Vice President is proposed by the President and elected by the National Assembly from among NA deputies; The Vice President assists the President and may be authorized by the President to do some tasks or functions as the acting President.
+ The National Defense and Security Council can mobilize the country’s forces and potentialities to protect the fatherland. It is chaired by the President; its members are introduced by the President and voted by the National Assembly.
3. The Government:
The Government is the executive organ of the National Assembly, and the supreme state administrative agency of the Socialist Republic of Vietnam.
The Government is in charge of tasks assigned by the State in the fields of politics, socio-economy, national defense, security and external relations; maintains effective operation of the State apparatus from the central to grassroots levels; ensures the respect for, and implementation of the Constitution and laws; promotes the people’s sense of mastery in national defense and construction; ensures stability and improves the people’s material and spiritual life.
The Government is accountable to the National Assembly, the National Assembly’s Standing Committee and the President of State.
Components of the Government are: Prime Minister, Deputy Prime Ministers, and Ministers and Heads of ministerial-level agencies.
The Prime Minister is elected, released from office or dismissed by the National Assembly at the State President’s request.
The Deputy Prime Ministers are approved by the National Assembly at the Prime Minister’s request. They function as the assistants to the Prime Minister and may be authorized by the Prime Minister in the case of the latter’s absence.
Ministers and heads of the ministerial-level agencies are approved by the National Assembly at the Prime Minister’s proposal. They are in charge of State management over their assigned branches or affairs.
4. Local authorities:
a) People’s Councils:
- People’s Councils of the centrally-administered cities and provinces
- People’s Councils of districts
- People’s Councils of the provincial-level cities/towns
- People’s Councils of communes, wards and towns.
b) People’s Committee:
- Provincial level: consisting of services, subcommittees, other organs administered by the People’s Committees and the People’s Committee offices
- District level: consisting of departments, sections, other organs administered by the People’s Committees and the People’s Committee offices
- Communal level: sections and the offices.
c) Local people’s committees:
- Provincial-level people’s courts
- District-level people’s courts.
d) Local people’s procuracy: Provincial and district levels.
Source: Website 'www.chinhphu.vn'
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