GROUP ASSIGNMENT THE FUNDAMENTALS OF LAWS TOPIC THE NATIONAL ASSEMBLY OF VIETNAM

THE NATIONAL ECONOMICS UNIVERSITY FACULTY OF LAW GROUPASSIGNMENT THE FUNDAMENTALS OF LAWS TOPIC THE NATIONALASSEMBLY OF VIETNAM Team 01 Class: FE63 - Financial Economics Lecturer: Tran Thi Hong Nhung Hà Nội, 2021 TIEU LUAN MOI download : skknchat@gmail.com Plan Report - Team 01 The National Assembly of Vietnam TABLE OF CONTENT INTRODUCTION 5 BACKGROUND 7 1 Origins 7 2 Term of the National Assembly 7 3 Sessions of the National Assembly 7 POSITION 11 FUNCTION 11 1 The Legislative Function 11 2 The function of deciding the important issues of the Nation 12 3 The supervision function 13 ORGANIZATIONAL STRUCTURE 15 1 The standing committee 15 2 Council on ethnic minorities and committees of the National Assembly 17 3 Secretary general, office of the National Assembly 22 4 Other agencies 24 5 The chairman and the vice chairman of the National Assembly 24 6 Deputies 26 NATIONALASSEMBLY SESSIONS 28 1 Background 28 2 Agendas of National Assembly sessions 28 2 TIEU LUAN MOI download : skknchat@gmail.com Plan Report - Team 01 The National Assembly of Vietnam 3 Convening National Assembly sessions 28 4 Person invited to National Assembly sessions; observers at National 29 Assembly sessions 5 Forms of working at National Assembly sessions 29 6 Responsibility for presiding over National Assembly meetings 30 7 Voting at plenary meetings 30 8 Documents of National Assembly sessions 31 RECOMMENDATION 32 1 The rejuvenation of National Assembly 32 2 Gender equality of National Assembly 33 3 Impacts and future plans 34 COMPARISON WITH THE BRITISH PARLIAMENT 35 1 Position 35 2 Structures and Committees 35 3 Powers and functions 38 4 Formations 38 CONCLUSION 39 REFERENCES 40 3 TIEU LUAN MOI download : skknchat@gmail.com Plan Report - Team 01 The National Assembly of Vietnam INTRODUCTION Purpose The purpose of this report is to analyse the position, function and organizational structure of the National Assembly (Vietnam) Background and context Vietnam, officially the Socialist Republic of Vietnam, is a country in Southeast Asia Vietnam is a unitary Marxist-Leninist one-party socialist republic Under the constitution, the Communist Party of Vietnam (CPV) asserts their role in all branches of the country's politics and society The National Assembly is the highest representative body of the People and the highest state power body of the Socialist Republic of Vietnam Headed by a chairman, the National Assembly is superior to both the executive and judicial branches; exercises the right to supreme supervision of all activities of the State Scope of research This report utilizes a sociological perspective to identify two issues of the National Assembly, make a comparison and recommendations to optimize the performance of the National Assembly - the highest state power body of the Socialist Republic of Vietnam 4 TIEU LUAN MOI download : skknchat@gmail.com Plan Report - Team 01 The National Assembly of Vietnam BACKGROUND 1 Origins The precursor of the current National Assembly of Vietnam was the National Representatives’ Congress (Đại hội đại biểu quốc dân), convened on August 16, 1945, in the northern province of Tuyên Quang This Congress supported Viet Minh’s nationwide general uprising policy against Japanese and French forces in Vietnam It also appointed the National Liberation Committee (Uỷ ban dân tộc giải phóng) as a provisional government 2 Term of the National Assembly The term of the National Assembly is five years, counting from the opening date of the first session of the National Assembly of a term to the opening date of the first session of the National Assembly of the succeeding term Sixty days before the expiration of the term of the National Assembly, a new National Assembly shall be elected In special cases, the National Assembly shall decide to shorten or extend its term at the proposal of the Standing Committee of the National Assembly, if at least two-thirds of the total number of National Assembly deputies vote for it The extension of a term of the National Assembly must not exceed twelve months, except in wartime LAW ON ORGANIZATION OF THE NATIONAL ASSEMBLY - No 57/2014/QH13 - Article 1-2 3 Sessions of National Assembly 3.1 The First National Assembly (1946–1960) After a series of events which was later called collectively the “August Revolution”, Viet Minh seized the power all over the country, and the Democratic Republic of Vietnam (Việt Nam dân chủ cộng hoà) was declared by Hồ Chí Minh in Hanoi on September 2, 1945 On January 6, 1946, the first general election ever in Vietnam was held all over the country in which all people 18 years old or older were eligible to vote The first session of the First National Assembly (Quốc hội khoá I) took place on March 2, 1946 with nearly 300 deputies in the Great Theatre of Hanoi Nguyễn Văn Tố was 5 TIEU LUAN MOI download : skknchat@gmail.com Plan Report - Team 01 The National Assembly of Vietnam appointed as the Chairman of the National Assembly’s Standing Committee The First National Assembly approved Hồ Chí Minh as the head of government and his cabinet, and the former Emperor Bảo Đại as “the Supreme Advisor” The second session, Bùi Bằng Đoàn was appointed to be the Chairman of the National Assembly’s Standing Committee Tôn Đức Thắng was Acting Chairman from 1948, and from 1955, when Đoàn died, he was Chairman of the Standing Committee The first and second Constitutions of the Democratic Republic of Vietnam were passed by this National Assembly in 1946 and 1960, respectively The term of the First National Assembly was prolonged (14 years) due to the war situation in Vietnam, particularly the partition of Vietnam according to the Geneva Accords of 1954 From 1954 to 1976, the National Assembly’s activities were only effective in North Vietnam 3.2 The Two Vietnams 3.2.1 North Vietnam The Second National Assembly (1960–1964): Due to the partition of Vietnam and the declaration of the Republic of Vietnam in the South, a nationwide general election could not be organized The Second National Assembly was formed by 362 elected deputies of the North and 91 deputies of the South from the First National Assembly who continued their term Trường Chinh was appointed as the Chairman of the National Assembly’s Standing Committee and held this position until 1981 The Third National Assembly (1964–1971): The Third National Assembly consisted of 366 elected deputies from the North and 87 deputies continuing their term The Third National Assembly’s term was prolonged due to the war situation President Hồ Chí Minh died during the Third National Assembly’s term, and was succeeded by Tôn Đức Thắng The Fourth National Assembly (1971–1975): 420 deputies were elected for the Fourth National Assembly During the fourth term, the U.S withdrew its troops from Vietnam in accordance with the Paris Peace Accords 1973 The Fifth National Assembly (1975–1976): The Fifth National Assembly consisted of 424 elected deputies The fifth term was the shortest National Assembly’s term as it was shortened to organize the nationwide general election after the reunification of Vietnam 3.2.2 South Vietnam When the Republic of Vietnam existed, it had the National Assembly as its sole legislature After the new constitution was passed in 1967, it had two parliamentary 6 TIEU LUAN MOI download : skknchat@gmail.com Plan Report - Team 01 The National Assembly of Vietnam chambers: the Senate (Thượng nghị viện) and the House of Representatives (Hạ viện), largely modeled after the United States Congress 3.3 Since 1976 The Sixth National Assembly (1976–1981) This was the first election following the reunification of the North and South and the voters selected 492 members, of which 243 represented the South and 249 the North In this term, the National Assembly adopted the name “the Socialist Republic of Vietnam” (Cộng hoà xã hội chủ nghĩa Việt Nam) for the re-unified country, merged corresponding organizations between the Government of North Vietnam and the Provisional Revolutionary Government of the Republic of South Vietnam, and renamed Saigon as Ho Chi Minh City It also approved the new Constitution in 1980 The Seventh National Assembly (1981–1987) The Seventh National Assembly and its 496 members witnessed the end of the Vietnamese centralized and heavily-planned economy and the CPV’s launch of the Renewal Policy (Đổi mới) to adopt market economy Trường Chinh was elected as Chairman of the State Council and Nguyễn Hữu Thọ was elected as Chairman of the National Assembly The Eighth National Assembly (1987–1992) In previous elections, because successful candidates were chosen in advance, the electoral process was not genuine No one could run for office unless approved by the Communist Party, and in many cases the local body of the party simply appointed the candidates Nevertheless, every citizen had a duty to vote, and, although the balloting was secret, the electorate, through electoral study sessions, received directives from the party concerning who should be elected The elections in 1987, however, were comparatively open by Vietnamese standards It was evident that the party was tolerating a wider choice in candidates and more debate The 1987 election chose 496 deputies for the Eighth National Assembly In this term, the National Assembly approved the 1992 Constitution, in which the citizen’s personal ownership of properties in business was guaranteed Lê Quang Đạo was appointed to be the National Assembly’s Chairman The Ninth National Assembly (1992–1997) The 1992 election established the first National Assembly after the 1992 Constitution came into effect From this term, the National Assembly’s agenda has been filled with law-making procedures to serve the Đổi mới Policy Nông Đức Mạnh was elected as the National Assembly’s Chairman and he served this position until 2001 The Tenth National Assembly (1997–2002) During the tenth term, Chairman Nông Đức Mạnh was chosen to be the CPV’s Secretary- 7 TIEU LUAN MOI download : skknchat@gmail.com Plan Report - Team 01 The National Assembly of Vietnam General in its Ninth Congress and ceased his role as the National Assembly’s Chairman Nguyễn Văn An was appointed to replace Mạnh The Eleventh National Assembly (2002–2007) The National Assembly consisted of 498 elected deputies In 2002 Nguyễn Văn An was elected as the Chairman of the National Assembly On June 26, 2006, Mr Nguyễn Phú Trọng was elected as the Chairman of the National Assembly The Twelfth National Assembly (2007–2011) The Twelfth National Assembly (2007–2011) had 493 members In this term, Nguyễn Phú Trọng was elected as the Chairman of the National Assembly.[1] The Thirteenth National Assembly (2011–2016) National Assembly consisted of 500 elected deputies In this term, Nguyễn Sinh Hùng was elected as the Chairman of the National Assembly NA Vice Chairpersons: Tòng Thị Phóng, Nguyễn Thị Kim Ngân, Uông Chu Lưu and Huỳnh Ngọc Sơn The Fourteenth National Assembly (2016–2021) National Assembly consisted of 496 elected deputies In this term, Nguyễn Thị Kim Ngân was elected as the first Chairwoman of the National Assembly NA Vice Chairpersons: Tòng Thị Phóng, Uông Chu Lưu, Phùng Quốc Hiển and Đỗ Bá Tỵ The Fifteenth National Assembly (2021–2026) - Latest election: The Communist Party won 485 seats, while non-party members affiliated with the Communists won the remaining 14 In this term, Vương Đình Huệ was elected as the Chairman of the National Assembly Vice Chairpersons are Trần Thanh Mẫn (first), Nguyễn Khắc Định, Nguyễn Đức Hải and Trần Quang Phương 8 TIEU LUAN MOI download : skknchat@gmail.com Plan Report - Team 01 The National Assembly of Vietnam POSITION The National Assembly is the highest representative body of the People and the highest state power body of the Socialist Republic of Vietnam LAW ON ORGANIZATION OF THE NATIONAL ASSEMBLY - No 57/2014/QH13 - Article 1 FUNCTION 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 1 The Legislative Function The National Assembly is the sole body empowered to adopt the Constitution and the laws The National Assembly not only adopts and amends the Constitution and the law, but also decides on the legislative program According to the 1992 Constitution, the President of the Republic, the Standing Committee of the National Assembly, the Ethnic Council, the Committees of the National Assembly, the Government, the Supreme People's Court, the Supreme People's Procuracy, the VietNam Fatherland Front and its members, as well as the individual Deputies to the National Assembly have right to present bills to the National Assembly Before being presented to the National Assembly, bills are first examined and commented on by the Ethnic Council or the relevant Committee of the National Assembly The bills are then sent to all Deputies to the National Assembly not later than 20 days before the opening date of the National Assembly session The bills which require public discussion are published and aired by the mass-media, so that the people and the state organs at all levels are able to have comments before presentation of those bills to the National Assembly 9 TIEU LUAN MOI download : skknchat@gmail.com ... Term of the National Assembly The term of the National Assembly is five years, counting from the opening date of the first session of the National Assembly of a term to the opening date of the. .. the activities of the National Assembly, the Standing Committee of the National Assembly, the Ethnic Council, the Committees of the National Assembly and individual deputies to the National Assembly. .. 01 The National Assembly of Vietnam The National Assembly examines all working reports of the President of the Republic, the Standing Committee of the National Assembly, the Government, the