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Chapter 5

The National Assembly

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Article 69

The National Assembly is the highest representative organ of the people and the highest organ of State power of the Socialist Republic of Vietnam.

The National Assembly exercises constitutional and legislative powers, decides significant national affairs, and exercise supreme control over all activities of the State.

Article 70

The National Assembly has the following duties and powers:

  1. To make and amend the Constitution; to make and amend laws;

  2. To exercise supreme control over conformity to the Constitution, the law and the resolutions of the National Assembly, to examine the reports of the State President, the Standing Committee of the National Assembly, the Government, the Supreme People’s Court, the Supreme People’s Procuracy, the National Commission of Election, the State Audit, and other organs created by the National Assembly;

  3. To decide on the objectives, targets, policies, and duties of the national socio-economic development

  4. To decide on the fundamental national financial and monetary policies; to set, change, or abolish taxes; to decide on the separation of items of incomes and expenditure between central budget and local budget; to decide on the safety limit of national debt, public debt, and government debt; to decide on planning of the State budget and allocation of the central State budget, to approve the accounts of the State budget.

  5. To decide on the State’s policies on nationalities and policies on religions

  6. To regulate the organization and activity of the National Assembly, the State President, the Government, the People’s Courts, the People’s Procuracy, the National Council of Election., the State Audit, local governments, and other organs created by the National Assembly.

  7. To elect, release from duty, remove from office the State President and Vice- President, the Chairman of the National Assembly, the Vice-Chairmen and members of the Standing Committee of the National Assembly, the Prime Minister, the President of the Supreme People’s Court, the Head of the Supreme People’s Procuracy, the President of the National Council of Election, the Head of the State Audit, and the heads of other organs created by the National Assembly; to sanction the proposals of appointment, release from duty, remove from office the Vice-Prime Minister, Ministers and other members of the Government, judges of the People’s Supreme Court; sanction the list of members of the Defence and Security Council and of the National Council of Election. Upon election, the State President, the Chairman of the National Assembly, the Prime Minister, and the President of the Supreme People’s Court must declare oath of allegiance to the Fatherland, the People, and the Constitution.

  8. To cast a vote of confidence on persons holding positions elected or approved by the National Assembly.

  9. To set up or suppress government ministries and government organs of ministerial rank; to establish, merge, divide, or adjust the boundaries of provinces and cities under direct central rule; to set up or disband special administrative- economic units; to set up or disband other organs in concordance with the Constitution and the statutes.

  10. To abrogate all formal written documents issued by the State President, the Standing Committee of the National Assembly, the Government, the Prime Minister, the Supreme People’s Court, and the Supreme People’s Procuracy, that are inconsistence with the Constitution, the statutes, and resolutions taken by the National Assembly.

  11. To proclaim an amnesty

  12. To institute titles and ranks on the people’s armed forces, in the diplomatic service and other State titles and ranks; to institute medals, badges and State honors and distinctions;

  13. To decide issues of war and peace; to proclaim a state of emergency and other special measures aimed at ensuring national defence and security;

  14. To decide on fundamental policies in external relations; to ratify or nullify international treaties with respect to war and peace, national sovereignty, membership of the Socialist Republic of Vietnam in important international and regional organizations, international treaties on human rights, citizen’s fundamental rights and duties, and other international treaties inconsistent with statutes and resolutions taken by the National Assembly

  15. To hold a referendum.

Article 71

  1. The duration of each term of the National Assembly is five years.
  2. Sixty days before the end of its tenure, a new National Assembly shall have been elected.
  3. In special cases, with the approval of at least two-thirds of its members, the National Assembly can either reduce or prolong its period of tenure according to the proposals by the National Assembly’s Standing Committee. The prolong of a term of the National Assembly cannot exceed twelve months, except in the case of war.

Article 72

The Chairman of the National Assembly shall preside over its sessions; authenticate through his signature the Constitution, laws and resolutions of the National Assembly; Viet Nam 1992 (rev. 2013) Page 18constituteproject.org PDF generated: 27 Apr 2022, 10:51 give leadership to the activities of its Standing Committee; organize the carrying out of its external relations; maintain relationship with the Assembly delegates. The Vice-Chairmen of the National Assembly shall assist the Chairman in the fulfillment of his duties as required by him.

Article 73

  1. The National Assembly’s Standing Committee is its permanent Committee.
  2. The National Assembly’s Standing Committee is composed of the Chairman of the National Assembly, the Vice-Chairmen of the National Assembly, and the members.
  3. The Number of members of the Standing Committee shall be determined by the National Assembly. A member of the Standing Committee cannot be at the same time a member of the Government.
  4. The Standing Committee of each legislature shall fulfill its tasks and exercise its powers until the election by the new legislature of a new Standing Committee.

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