Law 1-Lct/hđnn7: Organization Of The National Assembly And The Council Of State

Original Language Title: Luật 1-LCT/HĐNN7: Tổ chức Quốc hội và Hội đồng Nhà nước

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ACT of CONGRESS and the STATE COUNCIL of the SOCIALIST REPUBLIC of VIETNAM, pursuant to chapter VI and Chapter VII of the Constitution of the Socialist Republic of Vietnam, this law regulates the organisation and functioning of the National Assembly, the Council of State, about the duties and powers of the deputies.
Chapter I GENERAL PROVISIONS article 1 the National Assembly is the highest representative body of the people, bodies of State power of the Socialist Republic of Vietnam. The Council of State, elected by the National Assembly, the highest body is the normal operations of the National Assembly, the President of the Socialist Republic of Vietnam.
Article 2 the Organization and operation of the National Assembly and the Council of State guarantee for Congress and the State Council made these duties and powers stipulated in article 83 and article 100 of the Constitution, implement and promote collective sovereignty of the people in labor nationwide , under the leadership of the Communist Party of Vietnam, in order to complete the tasks of the State of the Socialist Republic of Vietnam.
Article 3 the Congress and the State Council work in Conference mode and decided by majority.
The performance of the National Assembly are guaranteed by the effect of the Congressional session, the performance of the State Council, of the Council, committees of the Congress and of the deputies.
Article 4 When performing tasks and use his powers, Congress, the State Council, the Council, the Commission and the Parliament's deputies based on the participation of Vietnam Fatherland Front Committee, of the mass of the people and of the citizens.
The Agency and State employees, within the scope of their powers, have a responsibility to create conditions for the Board, the committees of the National Assembly and the deputies on duty.
 
CHAPTER II article 5 ASSEMBLY SESSION of Congress meeting every two years, a period in the middle of the year and a period at the end of the year, due to the State Council convened.
The State Council may convene an extraordinary meeting of the Parliament following its decision, as requested by the Council of Ministers or at least a third of the total number of Deputies.
The first session of each Congress by key state boards tags before the convening of the two months following the election of Deputies.
The first session of each Congress by the Chairman of key State Council tags before opening. The President of the Council of State preside the sessions until the Parliament elects the President of the new National Assembly.
Article 6 public meeting of Congress.
The Congress decided to closed meeting at the suggestion of the State Council, President of the National Assembly, of the Council of Ministers or of the Congressional delegation.
Article 7 In the first session of the first session of each Congress, key congressional vote verification Committee as a Congressman.
Congress pursuant to the Commission's assessment report as a Congressman, confirm the status of the delegates or deputies declared the election of deputies to the individual does not have a value. In case of the need to investigate the legality of the election of a Congressman, then during the investigation, that delegates do not have voting rights.
When there are additional elections, the Congress established the new assessment Committee assessment mission and report the results to Parliament review the confirmation as the deputies of the elected deputies.
Article 8 the National Assembly elected the President and the Vice President of Congress under list of each nomination by the President of the Council of State and the head of the convoy before key deputies general introduction, after consulting with the delegation.
The Congress elected the Secretary of the Group session for each keyword by listing by Congress President Congress introduction.
Article 9 the National Assembly elected the President, the Vice-President, the Secretary General and the Commissioner of the State Council of the deputies, according to the list of nomination by President of National Assembly and the head of delegation of the Congress of the General introduction, after consulting with the delegation.
Article 10 National Assembly elected the President of the Council of Ministers of the deputies, according to the General introduction of the President of the Council of State and the head of delegation of the National Assembly, after consulting with the delegation.
The Congress elected the Vice-Chairman and the other members of the Council of Ministers according to the list of nomination by the President of the Council of Ministers. The Deputy Chairman of the Council of Ministers and other members of the Council of Ministers mainly from the deputies.
Article 11 National Assembly elected Vice President and the Commissioner of Defense according to nomination by the President of the State Council.
Article 12 National Assembly elected Chief Justice of the Supreme People's Court and Chief Procuratorate Institute people among the deputies, according to the General introduction of the President of the Council of State and the head of delegation of the National Assembly, after consulting with the delegation.
Article 13 Of the regular session of Congress, the State Council work report before the National Assembly.
At the first session of each Congress, key State Council work report previous courses have done since the last session of the previous National Assembly.
Article 14 In the regular session of the Assembly, the Council of Ministers, the Supreme People's Court and Chief Procuratorate Institute Supreme People's work report before the National Assembly.
Article 15 review Congressional reports as and when required, the resolution on the work of the State Council, the Council of Ministers, the Supreme People's Court and people's Procuratorate Director Supreme.
Article 16 the Congress decided the State plan and State budget estimates by the Council of Ministers submitted to the National Assembly. The Council of Ministers of the Council Of State planning project and estimation of the annual State budget to the National Assembly session last year ago.
The National Assembly ratified the settlement the State budget by the Ministerial Council of the Congress at the latest one year after the budget year ended.
Article 17 the Parliament consider the bills due to State agencies, political parties, social organizations and the people say in the Article 86 of the Constitution of the Parliament.
Article 18 The State planning project, State budget estimates, reports, projects and other projects must be sent to the President of the Council of State and President of the National Assembly is the latest twenty days before the Congress meeting.
Article 19 the Congress and the State Council can entrust the Council of nation, the Standing Committee of the National Assembly investigation reports, law projects, project planning, budgeting and other projects. The Council of the nation and the Standing Committee of the National Assembly his comments on the report and the projects it to Congress and the State Council for review and decision.
Article 20 of the law and the resolution of the National Assembly must be half the total number of Deputies voted approval, except where the Constitution stipulates in Article 147 of the Constitution.
The National Assembly voted by hands or by secret ballot at the suggestion of the President of the National Assembly.
Deputies not voting by sending the paper or ask for other people instead of voting.
The laws and resolutions of the Congress must be President of Congress signed the endorsement.
 
CHAPTER III article 21 STATE COUNCIL State Council is elected at the first session of each Congress of the key. The number of members of the Council of State by the National Assembly.
The term of the State Council according to the term of the National Assembly.

When the National Assembly term, the State Council continued the Mission until the new National Assembly elected new State Council.
Article 22 the State Council meetings once a month, if necessary, the meeting several times.
The Chairman of the State Council to convene and preside the sessions of the Council of State.
The President of the Council of State may mandate an behalf of the Vice President to convene and preside the sessions of the Council of State.
Article 23 the Council of State performs duties and powers listed in the Constitution under the provisions of this law and in other texts of the Congress.
Article 24 In the convening and conducting the session of Parliament, President of the Council of State in coordination with the President of the National Assembly to: 1/expected work programme of the session of the National Assembly;
2/ensuring the preparation of the law project and other projects submitted to the National Assembly;
3/decide other issues related to the session of the National Assembly.
Article 25 during the Congress not meeting, the Council of Ministers, the Supreme People's Court, people's Procuratorate Director high previous work reports of the State Council according to the decision of the State Council or the proposal of the Agency.
The people's Committee of the central cities, and equivalent to report to the State Council of the people's Council levels and subordinates under the provisions of the State Council.
The State Council the resolution to guide the activities of the people's Council levels.
Article 26 the State Council passed plans to build the law according to the recommendations of the Council of Ministers, the Supreme People's Court and the Minister the Supreme People's Prosecutor, and monitoring the implementation of that plan.
Article 27 the State Council Ordinance due to his initiative or by request of the State bodies, political parties, social organizations and the people say in the Article 86 of the Constitution.
Article 28 during the Congress not meeting, the State Council decided to establish or abolish the ministries and State committees; elections and dismissed the Deputy Chairman of the Council of Ministers, the Ministers, the Chairman of the State Committee as proposed by the President of the Council of Ministers and the National Assembly to ratify the decision in the most recent session of the National Assembly.
Article 29 Council of State elections and dismissed the Deputy Chief Justice and judges of the Supreme People's Court at the suggestion of the Chairman of the State Council; elections and dismissed the people's assessors of the Supreme People's Court according to the proposal of the Presidium of the Central Committee of the Vietnam Fatherland Front; elections and dismissed the Deputy Prosecutor and the Supreme People's Procuracy as proposed by Minister the Supreme People's Procuratorate.
Article 30 the State Council decided to appoint, dismiss and recalled the diplomatic Plenipotentiary of the Socialist Republic of Vietnam in foreign countries and in international organizations, according to the proposal of the President of the Council of Ministers.
Article 31 the State Council suspend the enforcement and modification or abolition of the resolutions, decisions, decrees of the Council of Ministers opposed to the Constitution, laws and ordinances, under his initiative, at the suggestion of the Council of nation, the committees of the National Assembly or of the Parliament delegation.
Article 32 of the State Council to amend or repeal the resolution inappropriately by the provincial people's Council, the Central and municipal level; dissolution of the aforementioned councils in case the Council which do serious damage to the interests of the people, under his initiative, at the suggestion of the Council of Ministers, the head of the Supreme People's Procuratorate, the ethnic Council, committees of the National Assembly or of the Parliament delegation.
Article 33 The ordinances and resolutions of the Council of State must be half the total membership of the Council of State voted approval.
The President of the Council of State to sign the Ordinances and resolutions already adopted by the Council of State.
Article 34 the President of the State Council on behalf of the Council published the law and Ordinance at the latest not more than fifteen days after Congress or the State Council through.
Article 35 the Council of State, through the Chairman, on behalf of the Socialist Republic of Vietnam about domestic and Foreign Affairs.
Article 36 State Council President receives the diplomatic Plenipotentiary of foreign countries and of international organizations in the Socialist Republic of Vietnam; signed letters of credentials and letters of recall of diplomatic Plenipotentiary of the Socialist Republic of Vietnam in foreign countries and in international organizations.
Article 37 the President of the State Council dominate the armed forces and national people between the Chairman of the National Defense Council.
Article 38 State Council President controls the work of the State Council.
When the State Council President because of health reasons not to work for a long time or when physically a State Council President of the State Council dispatched a Vice President acting President until the President work again or Parliament elected the new President of the State Council.
 
CHAPTER IV The PRESIDENT of Parliament, the COUNCIL and the COMMISSION of the NATIONAL ASSEMBLY CHAIRMAN Chairman 39 Thing preside the sessions of the Congress; ensure the enforcement of rules of the National Assembly; keep the relations with the National Assembly; endorse the law and the resolution has been passed by Congress; implementation of foreign relations of the National Assembly.
The President of Parliament regulate and coordinate the activities of the committees of the National Assembly; have the right to attend the meeting of the Committee, statements of opinion but not voting; convening and chairing the meeting the Chairman of the Committee to regulate and coordinate the work programmes of the Commission.
The Deputy Chairman of National Assembly Chairman and help can be delegated to take each part of the duties and powers of the Chairman or the President when the President is absent.
President of the National Assembly have the right to attend the session of the State Council.
Article 40 As Chairman because of health reasons not to work for a long time or when disabled, the Chairman of the State Council dispatched a Vice President of the National Assembly Acting President until the President work again or Parliament elected the new President.
The Council and the Commission of the National Assembly of Article 41 of Council of national defense mobilization of all forces and the ability of the State to protect the fatherland.
In the event of war, Congress or the State Council can entrust the task of Defense Council and special powers.
Article 42 National Council is elected from among the deputies, at the session of each Congress, including key the President, the Vice-President, the Secretary and the Commissioner. Nomination list each person by the President of Parliament and the head of delegation of the Congress of the General introduction, after consulting with the delegation.
Article 43 the Council of ethnic studies and recommendations to Congress and the State Council on ethnic problems; help Congress and the State Council monitoring of State agencies in the enforcement of policy; Verify the reports, bills, ordinances and projects the projects related to the ethnic issue by Congress or the State Council assigned; the law project, project Ordinance and other projects about ethnic issues before Congress and the State Council.
Article 44

The President of the Council of the nation controls the work of the Council; convene and preside the Conference Board.
The President of the Council of the nation have the right to attend the session of the State Council.
Article 45 the Congress established the following Standing Committee to help Congress and the State Council;
1/the Committee of law;
2/the Committee of economy, planning and budget;
3/the Committee of culture and education;
4/the Committee of science and technology;
5/the Committee of health and society;
6/the Committee of youth, youth and children;
7/Foreign Affairs Committee.
Congress established the Standing Committee when it deems necessary.
Article 46 of the Congress Standing Committee consists of the Chairman, the Vice Chairman, the Secretary and the Commissioner.
The National Assembly elects the Chairman and the other members of the Committee according to the list by the President of Parliament and the head of delegation of the Congress of the General introduction, after consulting with the delegation. Vice Chairman and Secretary elected by the Committee from among the members of the Committee.
The number of members of each Committee designated by the National Assembly.
Article 47 of the Standing Committee of the National Assembly has the following powers and duties: 1/verification reports, bills, ordinances and projects other projects that Congress or the State Council assigned;
2/The law project, project Ordinance and other projects before Congress and the State Council;
3/research and recommendations to Congress and the State Council about the issue in the scope of activities of the Committee;
4/to help Congress and the State Council made the right to supervise the compliance with the Constitution and the law, monitoring the activities of the Council of Ministers, the Supreme People's Court, the Minister the Supreme People's Prosecutor and the people's Council levels.
Article 48 of the Congress's Standing Committee operating under the program by the Committee decision.
The Commission sent its program activities to the President of the National Assembly Chairman to regulate and coordinate the activities of the committees.
Article 49 where necessary, Congress or the State Council may establish provisional committees to do certain tasks. Organization and operation of the Provisional Committee by Congress or the State Council stipulated the establishment of that Committee.
Article 50 the Council of peoples and the Committee of the National Assembly investigation, considering the spot on these issues is needed. When the problem is related to many of the Committee, that Committee to consider.
The Council of the nation and the committees of the National Assembly have the right to request the members of the Council of Ministers and other relevant personnel present or provides material on issues related to the essential duties of the Council and the Commission. Those responsible are required to meet that requirement.
Article 51 The Congressman is not a member of the Standing Committee of the National Assembly may attend the meeting of the Committee with the consent of the Chairman of the Committee, and have the power of speech but not vote comments.
Article 52 of the Standing Committee of the National Assembly established the Subcommittee to help work with the consent of the State Council.
Head of State must be a member of the Standing Committee; the Commissioner may not be a member of the Standing Committee or not deputies.
Article 53 the Council of the nation and the Parliament's committees have the right questions in the Council of Ministers and the members of the Council of Ministers, the Chief Justice of the Supreme People's Court and people's Procuratorate Director Supreme.
Interrogation procedures and answer questions as defined in articles 59 and 60 of this law.
Article 54 the Council of peoples and committees of Parliament can suggest the State Council put a project law, Ordinance or the project is an important issue out referendum the people.
Article 55 formula specific activities of the Council of the nation and the Standing Committee of the National Assembly by the Charter activities of the agency that regulates.
Article 56 of the State Council held the Office to help the Congress and the State Council.
 
Chapter V Article 57 DEPUTIES of each representation term tags start from the Parliament session of that Parliament to the key session of Congress after the key.
Article 58 deputies had a duty to join the session and the session of the National Assembly. Delegates would not be able to join the session and the session must have a reason and must inform the President of the National Assembly said.
Article 59 deputies have the right questions in the Council of Ministers and the members of the Council of Ministers, the Chief Justice of the Supreme People's Court and people's Procuratorate Director Supreme.
When the National Assembly meeting, deputies sent questions to the President of the Congress to the President of Parliament transferred to the agency or the person to be questioned.
When deputies questioned the Council of Ministers, the President of the Council of Ministers or a member is authorized by the Council of Ministers to answer. When deputies questioned a member of the Council of Ministers, the members of which responded.
The agency or ườngi to be questioned must answer before Parliament at that session of Congress. In case of need, the Congressional investigation to decide the time to reply before the Council of State, or at the following session of Congress.
Between the two sessions of Parliament, deputies sent questions to the President of the Council of State to the Chairman of the State Council delivered to the agency or the person to be questioned. The agency or the person to be questioned must answer before the State Council, or by decision of the State Council, the Parliament in the most recent session of the National Assembly.
Article 60 where necessary, Congress or the State Council resolved on the answer and the responsibility of the agency or the person to be questioned.
Article 61 deputies have to close contact with voters, subject to the supervision of voters, make exposure mode and report to voters about his activities and of Congress, answering the requests and recommendations of the voters. After each session of the Parliament, the deputies report to voters of the outcome of the session, common and explain the laws and resolutions that have been passed by Congress.
Deputies of propaganda, disseminated the laws and policies of the State, encourage the people to participate in State management.
Article 62 deputies receive the things of the complaint and denunciation of the people, is responsible for research and transfer to the relevant State agencies, tracking and solving for litigants to know results.
The State Agency must notify Congressional representatives know the results to resolve the complaint and denunciation of the people by the deputies turn to.
Article 63 deputies have the right to petition with the State authorities on the enforcement of the law, the State's policy and in issues of common interests. State agencies and those who are responsible must study and respond to the recommendations of the delegates.
At the request of Deputies, State agencies and the people who have the responsibility to enforce the necessary measures to promptly terminate the unlawful employment of State organs, the people's armed units, social organization or of any individual.
When deputies came to the person in charge of a State agency or the mass of the people, that person has the responsibility to continue the representation.
Article 64 deputies have the right to attend the Council meeting the levels where we are elected, have the right to statements of opinion but do not vote. When convened people's Council, the people's Committee to inform the deputies in his local knowledge.
Article 65

Without the consent of the National Assembly and in time the Congress not meeting, without the consent of the State Council, shall not be arrested and prosecuted deputies. The proposed custody and prosecuting Deputies under the authority of the head of the Supreme People's Procuratorate.
If the fruit is illegal because tang that deputies detained, the detention authority must immediately report to the Congress or the State Council review and decision.
Article 66 deputies may be voters elected his unit's dismissed, if not worthy of the trust of the people.
Protocol dismissed deputies be conducted according to the provisions of the election code deputies.
Article 67 deputies would illegal imprisonment, the Court and lost the right to Congressional representation.
Article 68 Congress review and decide these cases deputies don't deserve the deputies at the suggestion of the State Council, the Central Committee of the Vietnam Fatherland Front or the Fatherland Front Committee have introduced local deputies election.
Article 69 deputies may resign due to not assume to be Deputy in Parliament.
Accepting the Congressman resigned due to the State Council decision and the report to Parliament in the most recent session of the National Assembly.
Article 70 in the case of defective deputies, the State Council's review and decided the additional election.
The term of deputies elected supplements started from the session after the additional elections to the National Assembly's first session of the new key.
Article 71 deputies in the central cities, and equivalent administrative unit meeting to local Congressional delegation and sent out the head of the delegation. Congressional delegation held activities of deputies in the election unit.
The head of delegation of the National Assembly and the National Assembly deputies to keep relations with the President of the National Assembly and the State Council. Each year two times, the Congressional delegation inform the President of Congress, the State Council and the National Committee on the operation of the local deputies in local.
72 articles In the scope of its responsibilities, the State Council, the Council of Ministers, the Commission and other State agencies have the responsibility to create favorable conditions for the operation of the deputies, such as providing data, information, ensure the place of contact with voters , the vehicles according to the standard.
Those who obstruct the deputies on duty deputies will be dealt with according to law.
 
CHAPTER VI CUỔI PROVISION of the SAME Article 73 law replaced Act of Congress on July 14, 1960.
 
This law was the National Assembly of the Socialist Republic of Vietnam, most session, adopted on July 3, 1981.
 
 
 
Truong Chinh (signed)
 

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