Legal status (in terms of position, function and organizational structure) of the national assembly of the socialist republic of vietnam under the constitution of 2013

Nguyễn Phương Linh ID : 11219275 Class: DSEB 63 Guide lecturer: Tran Thi Hong Nhung Hanoi, 2022 GROUP ASSIGNMENT REPORT TOPIC 1: Legal status in terms of position, function and organi

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MINISTRY OF EDUCATION AND TRAINING

NATIONAL ECONOMICS UNIVERSITY

3 Dương Nhật Thành ID : 11219287

4 Nguyễn Phương Linh ID : 11219275

Class: DSEB 63

Guide lecturer: Tran Thi Hong Nhung

Hanoi, 2022

GROUP ASSIGNMENT REPORT

TOPIC 1: Legal status (in terms of position, function and organizational structure) of The

National Assembly of The Socialist Republic of

Vietnam under The constitution of 2013

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PREFACE

The legal status is the status or position held by an entity as determined by the law It includes or entails a set of privileges, obligations, powers, or restrictions that a person or thing has as encompassed in or declared by legislation To research the legal status of The National Assembly of The Socialist Republic of Vietnam under the constitution of 2013, we have a better understanding of the position, functions, duties and powers, and organizational structure of The National Assembly of The Socialist Republic of Vietnam under The constitution of 2013

To prepare this report, we would like to thank Ms Tran Thi Hong Nhung for her support

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Tablet of content

Cover 1

INTRODUCTION 4

I Legal status 4

II Leaders of the National Assembly 4

A THE POSITION 5

B FUNCTION, DUTIES AND POWER 6

I Function 6

II Duties and powers 7

C ORGANIZATIONAL STRUCTURE 9

I.National Assembly Standing Committee 9

II Ethnic Council and Committees of the National Assembly 9

D PRINCIPLES AND EFFICIENCY OF NATIONAL POLICIES 10

I Term 10

II Principles and effectiveness of operation 11

E NEW POINTS ON THE LEGAL POSIYION OF THE NATIONAL ASEMBLY IN 2013 11

I In term of positioning 11

II New points of the National Assembly in the 2013 Constitution 12

G COMPARISON WITH OTHER COUNTRIES 13

I The British Parliament: 13

II House of Commons 13

III House of Lords 14

IV American Congress: 14

INTRODUCTION

The National Assembly is the highest representative body of the People, the highest organ of state power of the Socialist Republic of Vietnam

The National Assembly exercises constitutional rights, legislative powers, decides

on important issues of the country, and supremely supervises the activities of the State

In the 2013 Constitution, in terms of position, the National Assembly is still defined

as the highest representative body of the People, the highest state power agency of the Socialist Republic of Vietnam like the 1992 Constitution However, unlike the 1992 Constitution, the National Assembly in the 2013 Constitution is no longer the only body with constitutional rights

I Legal status

National Assembly deputies are people directly elected by the people, represent the will and aspirations of the people, and exercise state power on behalf of the people in the National Assembly

The legal position of a member of the National Assembly begins after the National Assembly has confirmed the status of a delegate at the first session of the first term of each National Assembly The term of the National Assembly deputies is counted from the first session of the National Assembly of that term to the first session of the next National Assembly

Among the National Assembly deputies, there are deputies working under the full-time regime and there are deputies working under the part-full-time regime

The number of National Assembly deputies working on a full-time basis shall be decided by the National Assembly (Legal status, n.d.)

II Leaders of the National Assembly

The President of the National Assembly of Vietnam is the head of the Standing Committee of the National Assembly and is obviously the head of the National Assembly, elected by the National Assembly from the National Assembly deputies The President of the National Assembly cannot concurrently be a member of the Government The first President of the National Assembly in 1946 was Nguyen Van To The current President of the National Assembly is Mr Vuong Dinh Hue (2021-present)

Under the Chairman are the Vice Presidents of the National Assembly of Vietnam The number of Vice Presidents includes 4 people The first Vice Chairman of the National Assembly in 1946 was Pham Van Dong The 15th National Assembly, term 2021-2026, has 4 Vice Presidents, namely: Tran Thanh Man (Permanent Vice Chairman), Do Ba Ty, Nguyen Khac Dinh and Nguyen Duc Hai (from 2021) The Secretary-General is also the

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spokesman for the National Assembly The current Secretary General of the National Assembly is Mr Bui Van Cuong (from 2021)

Since 2016, the President of the National Assembly ends his term on March 30 and begins a new term on March 31 or April 1

A THE POSITION

In the Vietnamese state apparatus, the National Assembly occupies a particularly important position, being the highest representative body of the people, and the highest organ of state power in the Socialist Republic of Vietnam The National Assembly exercises constitutional rights, and legislative powers, decides on important issues of the country, and supremely supervises the activities of the State

The legal position of the National Assembly is also evident in the relationships between the National Assembly, the Government, and the Supreme People's Court in the exercise of state power Along with the clear division of functions and tasks of agencies in the exercise of legislative, executive, and judicial powers, the mechanism for controlling state power is also implemented through close coordination between agencies in the performance of their functions and tasks, avoiding encroachment, overlapping and conflicts when performing those functions and tasks To strengthen the coordination relationship in the exercise of constitutional and legislative rights, the 2013 Constitution affirms that the National Assembly is the body exercising constitutional and legislative rights

B FUNCTION, DUTIES AND POWER

The President of the Socialist Republic of Vietnam is the head of State of Vietnam, and his main priority is to represent Vietnam internally and externally According to the 2013 Constitution, the President is elected by the National Assembly from among the National Assembly deputies and has a term of office according to the term of the National Assembly The tenure of the President is five years, and a president can only serve three terms

The President is entitled to prescribe the following main functions, duties and powers:

According to the 2013 Constitution, the position and functions of the Parliament are prescribed in Article 69:

Parliament is the highest representative of People, the highest organ of state power of the Socialist Republic of Vietnam

The National Assembly exercises constitutional rights, legislative powers, decides on important issues of the country, and supremely supervises the activities of the State

The 2013 Constitution requires the National Assembly to focus more on the law-making function to overcome the situation of both lack of law, contradictions and overlaps in the legal system ensure that all activities of state agencies, including the National Assembly, must comply with the Constitution and the law, powers other than those prescribed by the Constitution and laws

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II Duties and powers

1 The National Assembly has the following functions and powers, according to

Article 70 of the 2013 Constitution:

2 Making the Constitution and changing the Constitution; making laws and

modifying laws

3 Exercising the supreme right to supervise the National Assembly's

observance of the Constitution, laws, and resolutions; review the work reports of the President, the National Assembly Standing Committee, the Government, the Supreme People's Court, the Supreme People's Procuracy, the National Election Council, the State Audit, and other National Assembly-established agencies

4 To determine the country's socio-economic development objectives, aims,

policies, and basic tasks

5 To decide on fundamental national financial and monetary policies; to

regulate, amend, or abolish taxes; to decide on the division of revenues and expenditure tasks between the central and local budgets; to decide on safe limits of national debt, public debt, and government debt; to decide on the state budget estimate and central budget allocation; and to approve the state budget finalization

6 To make decisions on the ethnic and religious policy of the state

7 Regulations on the organization and operation of the National Assembly, the

President, the Government, the People's Court, the People's Procuracy, the National Election Council, the State Audit, local governments, and other National Assembly-established institutions

8 Elect, relieve from duty and remove from office the President, Vice President,

President of the National Assembly, Vice President of the National Assembly, Member

of the Standing Committee of the National Assembly, Chairman of the Ethnic Council, Chairman of the Committee of the National Assembly The National Assembly, the Prime Minister, the Chief Justice of the Supreme People's Court, the Chief Procurator

of the Supreme People's Procuracy, the President of the National Election Council, the State Auditor General, the heads of other agencies appointed by the National Assembly established association; approve proposals for the appointment, relief from duty or dismissal of the Deputy Prime Minister, Ministers and other members of the Government, Judges of the Supreme People's Court; ratify the list of members of the National Defense and Security Council and the National Election Council

10 Vote of confidence in individuals or approved by the National Assembly

11 The decision of the government to establish or abolish ministries and

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ministerial-level agencies; the establishment, dissolution, merger, division, and adjustment of administrative boundaries of provinces, centrally managed cities, and special administrative-economic units; and the establishment or abolishment of other agencies in accordance with the Constitution and laws

12 To annul papers 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 in violation of the Constitution, laws, and Government resolutions Congress

13 Decision on amnesty

14 To establish ranks and grades in the people's military forces, ranks,

diplomatic ranks, and other state ranks and levels; laws on state medals, medals, and honorary titles

15 Make decisions on war and peace matters, as well as emergency laws and

other exceptional actions to safeguard national defense and security

16 Making basic foreign policy decisions; ratifying, deciding to join, or

terminating the validity of international treaties related to war, peace, national sovereignty, membership of the Socialist Republic of Vietnam in international organizations obligations and areas, international treaties on human rights, fundamental rights and of citizens, and other international treaties contradict to the National Assembly laws and resolutions

17 The outcome of the referendum.

C ORGANIZATIONAL STRUCTURE

I National Assembly Standing Committee

Tasks and powers of the Standing Committee of the National Assembly are divided into two groups: 1) Tasks and powers of organizational and executive nature, ensuring the normal operation of the National Assembly, such as: announcing, presiding over to elect deputies to the National Assembly, organize, prepare, convene and chair the meeting; directing, regulating and coordinating the activities of the Ethnic Council and Committees of the National Assembly, ensuring the operation conditions

of the National Assembly deputies and the National Assembly; 2) Duties and powers related to the performance of the functions of the National Assembly such as constitution-making, legislation, deciding important issues of the country and supreme supervision over the operation of the apparatus Government Compared to the parliaments of many countries in the world, it can be said that this is a very specific design of the National Assembly of Vietnam

In the organizational structure of the National Assembly Standing Committee,

in addition to the Chairman and Vice-Chairmen, most of the members are the Chairman

of the Ethnic Council and the Chairman of the Committees of the National Assembly Although inactive, this structure ensures that the National Assembly is still closely linked with voters, the people, and practical activities Because the activities of the Ethnic Council and the Committees of the National Assembly are multi-disciplinary and multi-field advisory agencies, covering all aspects of the State, society, and people's activities

In the condition that the majority of National Assembly deputies still work part-time, the Standing Committee of the National Assembly acts as a model of a "miniature National Assembly", guarding the National Assembly's gate on many important issues, such as: giving opinions on law projects, prepare and decide to convene and preside over National Assembly sessions, direct, administer and coordinate activities of the Ethnic Minority Council and its Committees Committee the Standing Committee of the National Assembly undertakes a very large, complex, and important workload, requiring a lot of time and effort to perform; but the number of members is only 18 people, this is a huge challenge in researching and organizing the advisory and assisting apparatus accordingly

II Ethnic Council and Committees of the National Assembly

The Ethnic Council and the Committees of the National Assembly are the most basic institutions of the National Assembly

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The Ethnic Council and Committee of the National Assembly is an agency of the National Assembly, responsible for and reporting on its work to the National Assembly; During the time the National Assembly is not in session, it shall report on its work to the Standing Committee of the National Assembly

Ethnic Councils and Committees of the National Assembly are agencies of the National Assembly with the function of examining law projects, law proposals, reports, and other projects assigned by the National Assembly or Standing Committee of the National Assembly; exercise the right to supervise within the scope of tasks and powers prescribed by law; propose issues within the scope of the Commission's activities

Committees play a particularly important role in advising, analyzing, policy-making, law-policy-making, monitoring the operation of state institutions, and recommending macro-related issues influence on all activities of the State, society, and people The role of the Ethnic Council and the Committees of the National Assembly is also a bridge for the close connection between practical activities in all areas of socio-economic life and the performance of functions and duties services of the National Assembly; reflect and protect the will, aspirations, and interests of voters and people, avoiding the National Assembly and its agencies from becoming bureaucratic institutions, far from reality

Being equal in terms of legal status, duties, powers, and responsibilities of representatives, the relationship between them is not administrative, authority, or command, but a relationship of cooperation and coordination between the members departments, among members in the performance of tasks and powers according to the principle of collective work and decision by the majority The work of each member is relatively independent, there is no inspection and supervision by superiors to subordinates but according to the assignment and consensus in the Council and Committees

D PRINCIPLES AND EFFICIENCY OF NATIONAL POLICIES

I Term

The term of office of each National Assembly term is 5 years from the opening date of the first session of that National Assembly to the opening date of the first session of the next National Assembly Sixty days before the end of the National Assembly's term, the new National Assembly must be elected In special cases, if at least two-thirds of the total number of National Assembly deputies vote for it, the National Assembly shall decide to shorten or extend its term at the proposal of the National Assembly Standing Committee The extension of the term of a session of the National Assembly may not exceed 12 months, except in the case of war