Law No. 62/2025/QH15 dated February 17, 2025 on amendments to Law on Organization of National Assembly

LAW

AMENDMENTS TO LAW ON ORGANIZATION OF NATIONAL ASSEMBLY

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly hereby promulgates a Law on amendments to the Law on Organization of National Assembly No. 57/2014/QH13, amended by the Law No. 65/2020/QH14.

Article 1. Amendments to the Law on Organization of National Assembly

1. Article 5 shall be amended as follows:

“Article 5. Making and amending laws

1. The National Assembly promulgates laws to provide for the following contents:

a) Organization and operation of the National Assembly, the President, the Government, People's Courts, People's Procuracies, National Election Council, State Audit Office, local governments, special administrative-economic units and other authorities established by the National Assembly;

b) Human rights, basic rights and obligations of citizens that must be regulated by laws according to the Constitution; restrictions on human rights and citizenship; crimes and penalties; judicial proceedings;

c) Basic policies on economy, society, culture, education, science, technology, environment, finance, national currency, state budget; regulations on taxes, medals and state honorary titles;

d) Basic policies on national defense and security; ranks in people's armed forces; regulations on emergency circumstances and other special measures for protection of national defense and security;

d) Basic foreign policies; diplomatic ranks; other state ranks;

e) State’s policies on ethnics and religions;

g) Referendum;

h) Mechanism for protection of the Constitution;

i) Other issues within the jurisdiction of the National Assembly according to regulations of the Constitution and laws.

2. Laws only provide for issues with stable nature and long-term values; and specifically regulate contents related to human rights, rights and obligations of citizens, judicial proceedings, issues that have great impacts on social life, and relationships among the State, citizens and society. Regarding state management contents in each field, new issues, issues with developmental nature and issues that have not yet been tested in reality, laws only provide for policies with principled and oriented nature within the jurisdiction of the National Assembly in order to institutionalize the Communist Party's guidelines and policies; and delegation of powers to the Government and authorities in the state apparatus over continuation in specification of regulations of laws and decentralization, ensuring conformity with the organizational capacity of each authority/organization/local government at all levels and promptly meeting the requirements for socio-economic development in each period; laws do not basically regulate contents of administrative procedures, professional and technical standards, processes and highly volatile contents.

3. The National Assembly promulgates resolutions to provide for the following contents:

a) Pilot implementation of some new policies within the jurisdiction to decide of the National Assembly that are different from applicable regulations of law;

b) Suspension of/adjustment to effect or extension of the implementation period of the whole or part of a law or resolution of the National Assembly for fulfillment of urgent requirements for socio-economic development, and assurance of human rights and citizenship;

c) Other issues decided by the National Assembly.

4. Laws shall be specified and made in each term according to the National Assembly's tenure-specific legislation orientation and the National Assembly's annual legislation programs.

5. Procedures for making, reviewing and promulgating laws and resolutions by the National Assembly shall comply with regulations of the Law on Promulgation of Legislative Documents.”.

2. Clause 6 Article 8 shall be amended as follows:

“6. The National Assembly elects the Chairperson of the National Election Council, the State Auditor General, the Secretary General of the National Assembly – Chairperson of the National Assembly Office at the request of the National Assembly Standing Committee.”.

3. Article 12 shall be amended as follows:

“Article 12. Collecting and casting confidence votes

The National Assembly shall collect and cast confidence votes for position holders elected or approved by the National Assembly.

Confidence votes shall be collected and cast in accordance with the National Assembly’s regulations.”.

4. Clause 1 Article 30 shall be amended as follows:

“1. A National Assembly deputy has the right to join the Ethnic Council or a Committee of the National Assembly.

On the basis of professional qualifications, working requirements and capacity to spend time participating in activities of the National Assembly’s authorities, the National Assembly deputy can apply for registration to become a member of the Ethnic Council or a Committee of the National Assembly. The National Assembly Standing Committee shall review and approve the list of members of the Ethnic Council or a Committee of the National Assembly in conformity with the decided structure and quantity of members of each authority.

5. Article 39 shall be amended as follows:

“Article 39. Suspension and expulsion of National Assembly deputies

1. The National Assembly Standing Committee shall consider deciding to suspend the performance of tasks and powers of a National Assembly deputy in the following cases:

a) He/she is prosecuted for penal liability;

b) During the consideration for handling a violation committed by the National Assembly deputy, it is determined that the violation is subject to warning or a heavier disciplinary action in case the deputy is an official or public employee or is subject to a criminal action as per law and a inspection/audit/investigation/prosecution/trial/judgment enforcement authority has made a written request for suspension of the performance of tasks and powers of the National Assembly deputy.

2. The National Assembly deputy shall be reinstated as a deputy with his/her tasks and powers and his/her lawful interests shall also be reinstated when a competent authority decides/concludes that the deputy does not commit any violation or is not disciplined, or issues a decision to terminate the investigation or adjourn the lawsuit against the deputy or from the effective date of a Court's decision/judgment whereby the deputy has been judged innocent or exempted from criminal liability. In case the National Assembly deputy is disciplined, depending on the nature and extent, he/she may submit an application to resign from the position of the National Assembly deputy or the National Assembly Standing Committee shall consider deciding to reinstate the deputy as a National Assembly deputy with his/her tasks and powers or request the National Assembly to dismiss the National Assembly deputy.

3. If the National Assembly deputy has been charged by the Court’s decision/judgment, it is obvious that he/she will be expelled from the National Assembly from the date on which this decision/judgment enters into force.”.

6. Article 48 shall be amended as follows:

“Article 48. Making laws, ordinances and resolutions

1. The National Assembly Standing Committee shall preside over making the National Assembly's tenure-specific legislation orientation and issuing a plan to implement this orientation after it is approved by the competent authority; decide and adjust the National Assembly's annual legislation programs; give opinions about bills, draft resolutions, receipt, explanation and ratification of daft laws and resolutions of the National Assembly before they are submitted to the National Assembly and take charge of submitting laws and resolutions to the National Assembly for consideration and approval.

2. The National Assembly Standing Committee shall issue ordinances on matters assigned by the National Assembly; and resolutions to perform tasks and powers according to regulations of the Constitution, laws and resolutions of the National Assembly.

Procedures for making, reviewing and promulgating ordinances and resolutions by the National Assembly Standing Committee shall comply with regulations of the Law on Promulgation of Legislative Documents.”.

7. Clauses 1 and 2 Article 53 shall be amended as follows:

“1. Request the National Assembly to elect, relieve of duties and dismiss the President, Chairperson of the National Assembly, Vice Chairperson of the National Assembly, Member of the National Assembly Standing Committee, Chairperson of the Ethnic Council, Chairperson of a Committee of the National Assembly, Chairperson of the National Election Council, State Auditor General and Secretary General of the National Assembly – Chairperson of the National Assembly Office.

2. Decide the quantity of, and approve the list of, and resignation of Vice Chairpersons, and Members that are part-time and full-time deputies of the National Assembly of the Ethnic Council.

Decide the quantity of, and approve the list of, and resignation of Vice Chairpersons, and Members that are part-time and full-time deputies of the National Assembly of a Committee of the National Assembly.”.

8. Clause 4 Article 54 shall be amended as follows:

“4. Consider proposals made by the Procurator General of the Supreme People’s Procuracy for arrest, custody, detention of and institution of criminal cases against National Assembly deputies and persons who are elected to the National Assembly, search of places of residence and workplaces of National Assembly deputies when the National Assembly is in recess; decide to suspend the performance of tasks and exercise of powers of National Assembly deputies in the cases specified in clause 1 Article 39 of this Law; report to the National Assembly on expulsion of National Assembly deputies.”.

9. Clause 4 Article 60 shall be amended as follows:

“4. The President has the right to attend meetings conducted by the National Assembly Standing Committee; the Prime Minister, the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy, the Chairperson and Vice Chairpersons of the Ethnic Council, and Chairpersons and Vice Chairpersons of Committees of the National Assembly may be invited to such meetings.

Members that are full-time deputies of the National Assembly of the Ethnic Council and Committees of the National Assembly may be invited to meetings conducted by the National Assembly Standing Committee about contents within their jurisdiction.”.

10. Article 66 shall be amended as follows:

“Article 66. Ethnic Council and Committees of the National Assembly

1. The Ethnic Council and Committees of the National Assembly are authorities affiliated to the National Assembly and established under the National Assembly’s decision on the basis of proposals made by the National Assembly Standing Committee to carry out regular operation functions specified in Article 68a of this Law, assume their responsibilities to the National Assembly and report their works to the National Assembly; when the National Assembly is in recess, they shall report their works to the National Assembly Standing Committee.

2. The National Assembly shall establish a Ad-hoc Committee if necessary in accordance with Article 88 and Article 89 of this Law.”.

11. Article 67 shall be amended as follows:

“Article 67. Organizational structure of the Ethnic Council/Committee of the National Assembly

1. The Ethnic Council consists of a Chairperson, Vice Chairpersons and members who are full-time and part-time deputies of the National Assembly. A Committee of the National Assembly consists of a Chairperson, Vice Chairpersons and members who are full-time and part-time deputies of the National Assembly

2. Chairpersons of the Ethnic Council and the Committee of the National Assembly shall be elected by the National Assembly. Vice Chairpersons and members of the Ethnic Council and the Committee of the National Assembly shall be approved by the National Assembly Standing Committee.

3. A standing body of the Ethnic Council or the Committee of the National Assembly is a standing department which assists the Ethnic Council or Committee in dealing with regular affairs of the Council or Committee when it is in recess and performs other tasks and powers in accordance with regulations and as assigned by the National Assembly Standing Committee and leaders of the National Assembly.

4. The Ethnic Council or the Committee of the National Assembly shall establish a professional unit which directly advises and assists the Ethnic Council or the Committee.

5. The National Assembly Standing Committee shall provide for organizational structure and operation, and promulgate model working regulations of the Ethnic Council or Committees of the National Assembly; prescribe organization, specific tasks, and powers of professional units of the Ethnic Council or Committees of the National Assembly; decide payroll and regulate policies applicable to officials assisting the Ethnic Council or Committees of the National Assembly in conformity with the specific nature of the National Assembly’s operations.”.

12. Clause 1 Article 68 shall be amended as follows:

“1. The Ethnic Council or a Committee of the National Assembly shall work on a collective basis, make decision by a vote of the majority and uphold the responsibility of the Standing Body of the Council and administration role of the Chairperson of the Council/Committee.”.

13. Article 68a shall be added after Article 68 as follows:

“Article 68a. Functions, tasks and powers of the Ethnic Council/Committee of the National Assembly

1. The Ethnic Council/Committee of the National Assembly has the following functions:

a) Inspect and assess bills, ordinances, and resolutions of the National Assembly and the National Assembly Standing Committee; other reports, projects, and schemes within its jurisdiction;

b) Supervise the enforcement of the Constitution, laws, resolutions of the National Assembly, ordinances, resolutions of the National Assembly Standing Committee; operations conducted by the Government, ministries, ministerial agencies, other central authorities; and legislative documents issued by the Government, the Prime Minister, Ministers, Heads of ministerial agencies and other central authorities that have jurisdiction to promulgate legislative documents in the assigned fields;

c) Propose issues within its jurisdiction;

d) Submit bills and resolutions to the National Assembly, draft ordinances and resolutions to the National Assembly Standing Committee on the assigned fields.

dd) Carry out other functions as regulated by the National Assembly, the National Assembly Standing Committee.

2. Special tasks and powers of the Ethnic Council and Committees of the National Assembly shall be regulated by the National Assembly Standing Committee.”.

14. Clause 2 Article 84 shall be amended as follows:

“2. Foreign affairs of the Ethnic Council and Committees of the National Assembly shall be conducted in accordance with regulations of the National Assembly Standing Committee and competent authorities.”.

15. Clause 2 Article 90 shall be amended as follows:

“2. The National Assembly shall hold two regular sessions every year.

Ad hoc sessions of the National Assembly shall be held if requested by the President, the National Assembly Standing Committee, the Prime Minister or at least one-third of the total number of National Assembly deputies to promptly consider deciding urgent issues within the jurisdiction of the National Assembly, thereby meeting requirements for socio-economic development and maintenance of national defense and security and foreign affairs.”.

16. Title of Chapter IV shall be amended as follows:"Bộ máy giúp việc và kinh phí hoạt động của Quốc hội” (Assistant apparatus and operation funding of the National Assembly”.)

17. Article 99 shall be amended as follows:

“Article 99. Office of the National Assembly

1. The Office of the National Assembly is an administrative authority providing general advice and services for the National Assembly, the National Assembly Standing Committee, the Ethnic Council, Committees and deputies of the National Assembly.

2. The Secretary General cum Chairperson of the Office of the National Assembly is a Head of the Office of the National Assembly who is responsible to the National Assembly and its Standing Committee for the operations of the Office of the National Assembly.

The Secretary General cum Chairperson of the Office of the National Assembly is the spokesperson of the National Assembly and its Standing Committee.

3. The Standing Committee of the National Assembly shall specifically define the organizational structure, tasks and powers of the Office of the National Assembly; decide payroll and stipulate regimes and policies applicable to officials and public employees and other employees of the Office of the National Assembly in conformity with specific characteristics of operations of the National Assembly.”.

18. Article 101 shall be amended as follows:

“Article 101. Operation funding of the National Assembly

1. Operation funding of the National Assembly shall be allocated from state budget as per the National Assembly's decision. It includes the funding for general activities of the National Assembly and the funding for activities of the Standing Committee, the Ethnic Council, the Committees, the Office of the National Assembly, the funding for activities of the National Assembly deputies’ delegations, remuneration for full-time National Assembly deputies, remuneration for participation in operation of the National Assembly, allowances and benefits in connection with operation of the National Assembly offered to National Assembly deputies and managed by the Office of the National Assembly.

2. The estimation, management, allocation and use of the operation funding of the National Assembly shall comply with the law on state budget and regulations issued by the National Assembly Standing Committee in conformity with specific characteristics of operations of the National Assembly.”.

19. Phrases “phiên họp bất thường” (extraordinary meeting) in clause 1 Article 33 and “kỳ họp bất thường” (extraordinary session) in clause 2 Article 91, clause 1 Article 92 shall be replaced by the phrase “kỳ họp không thường lệ” (ad hoc session); the phrase “họp bất thường” (extraordinary meeting) in clause 3 Article 33 shall be replaced by the phrase “tổ chức kỳ họp không thường lệ” (convene ad hoc session)”.

20. The phrase “các cơ quan của Ủy ban thường vụ Quốc hội” (agencies of the Standing Committee of the National Assembly” in clause 4 Article 58 shall be annulled.

21. Articles 13, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, clause 2 Article 80, clause 3 Article 84, Articles 85, 86, 87, 98 and 100 shall be annulled.

Article 2. Effect

1. This Law comes into force from the date on which it is ratified by the National Assembly.

2. Committees of the National Assembly and authorities affiliated to the National Assembly Standing Committee organized under the Law on Organization of the National Assembly No. 57/2014/QH13, amended by the Law No. 65/2020/QH14, shall continue to operate until the National Assembly and the Standing Committee of the National Assembly decide to terminate their operations.

This Law was passed by the 15^th National Assembly of the Socialist Republic of Vietnam, 9^th ad hoc session, on February 17, 2025.