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

` MINISTRY OF EDUCATION AND TRAINING NATIONAL ECONOMICS UNIVERSITY 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 Nguyễn Hà Phương ID: 11219284 Phan Anh Khôi ID : 11212902 Dương Nhật Thành ID : 11219287 Nguyễn Phương Linh ID : 11219275 Trần Hải Nam ID : 11219279 Vũ Trọng Mạnh ID : 11213752 Nguyễn Minh Tú ID : 11216040 Class: DSEB 63 Guide lecturer: Tran Thi Hong Nhung Hanoi, 2022 1|Page 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 2|Page Tablet of content Cover INTRODUCTION I Legal status II Leaders of the National Assembly A THE POSITION B FUNCTION, DUTIES AND POWER I Function II Duties and powers .7 C ORGANIZATIONAL STRUCTURE I.National Assembly Standing Committee II Ethnic Council and Committees of the National Assembly 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 3|Page 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 fulltime regime and there are deputies working under the part-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 people The first Vice Chairman of the National Assembly in 1946 was Pham Van Dong The 15th National Assembly, term 2021-2026, has 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 4|Page 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 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 5|Page 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: I Function 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 6|Page Document continues below Discover more from: Fundamentals of Laws 93 documents Go to course Textbook-law - PLĐC for EP 23 187 Fundamentals of Laws 100% (2) Bộ luật dân 2015 - BLDS - Civil code 2015 - Tiếng Anh English Fundamentals of Laws 100% (2) The National Assembly 38 Fundamentals of Laws 100% (2) Law on organization of the national assembly 41 Fundamentals of Laws 100% (1) People’s procuracies - Group Asssignment 12 Fundamentals of Laws 100% (1) Case Scenario - Outback Burgers is obliged to supply at least one Land Cruiser for a winning Fundamentals of Laws None II Duties and powers The National Assembly has the following functions and powers, according to Article 70 of the 2013 Constitution: Making the Constitution and changing the Constitution; making laws and modifying laws 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 To determine the country's socio-economic development objectives, aims, policies, and basic tasks 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 To make decisions on the ethnic and religious policy of the state 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 Assemblyestablished institutions 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 7|Page 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 8|Page 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 parttime, 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 9|Page 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, policymaking, law-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 socioeconomic 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 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 10 | P a g e II Principles and effectiveness of the operation The National Assembly works under the conference system and makes decisions by majority The effectiveness of the National Assembly's operation is ensured by the effectiveness of its sessions, the activities of the National Assembly Standing Committee, the Ethnic Council, Committees of the National Assembly, the National Assembly's Delegation, the National Assembly deputies and the effectiveness of coordination with the President, the Government, the Supreme People's Court, the Supreme People's Procuracy, the Central Committee of the Vietnam Fatherland Front and other agencies , other organizations E NEW POINTS ON THE LEGAL POSITION OF THE NATIONAL ASSEMBLY IN 2013 I In terms of positioning The 2013 Constitution further affirms that