miércoles, 5 de mayo de 2021

Chapter XI: EFFECTIVENESS OF THE CONSTITUTION AND AMENDMENT TO THE CONSTITUTION

 Article 1191. The Constitution is the fundamental and supreme law of the Socialist Republic of Vietnam.

All other legal documents must conform to the Constitution.
All violations of the Constitution shall be dealt with.
2. The National Assembly and its agencies, the President, the Government, People's Courts, People's Procuracies, other agencies of the State and all the People shall defend the Constitution.
The mechanism to defend the Constitution shall be prescribed by a law.

Article 1201. The President, the Standing Committee of the National Assembly, the Government or at least one-third of the total number of the National Assembly deputies have the right to propose the making of, or an amendment to, the Constitution. The National Assembly shall decide on the making of, or amendment to, the Constitution when at least two-thirds of the total number of the National Assembly deputies vote for it.
2. The National Assembly shall establish a Constitution Drafting Committee. The composition and number of members, tasks and powers of the Constitution Drafting Committee shall be decided by the National Assembly at the proposal of the Standing Committee of the National Assembly.
3. The Constitution Drafting Committee shall draft the Constitution, collect the opinions of the People on the draft, and submit it to the National Assembly.
4. The Constitution shall be adopted when at least two-thirds of the total number of the National Assembly deputies vote for it. The holding of a referendum on the Constitution shall be decided by the National Assembly.
5. The time limit for the promulgation and effective date of the Constitution shall be decided by the National Assembly
This Constitution was unanimously approved by the 13th National Assembly of the Socialist Republic of Vietnam at at its 6th session adopted the revised Constitution on November 28, 2013.

Chapter X: THE NATIONAL ELECTION COUNCIL, THE STATE AUDIT OFFICE

 Article 1171. The National Election Council shall be established by the National Assembly and has the task of organizing the election of National Assembly deputies, and directing and guiding the election of deputies to People's Councils at all levels.

2. The National Election Council is composed of the Chairperson, Vice Chairpersons and members.
3. The organisation and specific tasks and powers of the National Election Council and the number of its members shall be prescribed by a law.

Article 1181. The State Audit Office shall be established by the National Assembly, operate independently, abide only by the law, and audit the management and use of public finance and assets.
2. The State Auditor General is the head of the State Audit Office and shall be elected by the National Assembly. The term of office of the State Auditor General shall be prescribed by a law.
The State Auditor General is responsible, and shall report on audit results and his or her work, to the National Assembly. When the National Assembly is in recess, he or she is responsible, and shall report on his or her work, to the Standing Committee of the National Assembly.
3. The organisation and specific tasks and powers of the State Audit Office shall be prescribed by a law.

Chapter IX: LOCAL ADMINISTRATION

 Article 1101. The administrative units of the Socialist Republic of Vietnam shall be defined as follows:

The country shall be divided into provinces and centrally run cities;
A province shall be divided into rural districts, towns, and provincial cities; a centrally run city shall be divided into urban districts, rural districts, towns, and equivalent administrative units;
A rural district shall be divided into communes and townships; a town or provincial city shall be divided into wards and communes; and an urban district shall be divided into wards.
Special administrative-economic units may be established by the National Assembly.
2. The establishment, dissolution, consolidation, separation or adjustment of the boundaries of, an administrative unit must be consulted with local People and must comply with the process and procedures prescribed by a law.

Article 1111. Local administrations shall be organised in administrative units of the Socialist Republic of Vietnam.
2. Local administration levels composed of the People's Council and People's Committee shall be organised consistent with the characteristics of the rural areas, urban areas, islands or special administrative-economic units prescribed by a law.

Article 1121. Local administrations shall organise and ensure implementation of the Constitution and law in their localities; decide on local issues prescribed by a law; and submit to the examination and supervision by state agencies at higher levels.
2. The tasks and powers of local administrations shall be determined on the basis of determining the powers between state agencies at the central and local levels and for each level of local administration.
3. Local administrations may, as necessary, be assigned certain tasks of state agencies at higher levels, along with the necessary means to ensure the performance of those tasks.

Article 1131. The People's Council is the local state power body, representing the will, aspirations and right to mastery of the local People, shall be elected by the local People, and is responsible to the local People and state agencies at higher levels.
2. The People's Council shall decide on local issues as prescribed by a law; and supervise the observance of the Constitution and law in its locality and the implementation of its own resolutions.

Article 1141. The People's Committee at a local administration level, which shall be elected by the People's Council of the same level, is the executive body of the respective People's Council and is the local state administrative body, and is responsible to the People's Council and state administrative agencies at higher levels.
2. The People's Committee shall organise implementation of the Constitution and law in its locality and implementation of the resolutions of the People's Council, and perform the tasks assigned to it by state agencies at higher levels.

Article 1151. A People's Council deputy shall represent the will and aspirations of local People; shall maintain close ties with voters and be subject to their supervision, meet and report to voters on his or her own activities and activities of the People's Council, respond to their requests and petitions; and consider and press for the settlement of complaints and denunciations. A People's Council deputy has the task of mobilising the People to implement the Constitution, law, policies of the State, and resolutions of the People's Council, and encouraging the People to participate in the state management.
2. A People's Council deputy has the right to raise questions to the Chairperson or other members of the People's Committee, Chief Justice of the People's Court, Chief Procurator of the People's Procuracy, and Heads of the agencies of the People's Committee. The questioned persons shall present their answers before the People's Council. A People's Council deputy has the right to make proposals to state agencies, organisations, and units in the locality. The heads of those agencies, organisations or units shall receive the deputy, then consider and resolve the issues raised in his or her proposals.

Article 1161. The People's Council and the People's Committee shall report on the local situation to the Vietnam Fatherland Front and mass organisations, listen to the opinions and proposals of those organisations for strengthening the local administration and socio-economic development; and coordinate with the Vietnam Fatherland Front and mass organisations in encouraging the People, together with the State, to perform socio-economic, national defense and security tasks in the locality.
2. The President of the Vietnam Fatherland Front and heads of socio-political organisations in the locality may be invited to sessions of the People's Council and to meetings of the People's Committee of the same level that discuss relevant issues.

Chapter VIII: THE PEOPLE'S COURTS AND THE PEOPLE'S PROCURACIES

 Article 1021. The People's Courts are the judicial bodies of the Socialist Republic of Vietnam and exercise judicial power.

2. The People's Courts include the Supreme People's Court and other Courts prescribed by a law.
3. The People's Courts have the duty to safeguard justice, human rights, citizens' rights, the socialist regime, the interests of the State, and the rights and legitimate interests of organisations and individuals.

Article 1031. Except in the case of trial by summary procedure, People's Assessors shall participate in first-instance trials by the People's Courts.
2. During a trial, the Judges and Assessors are independent and shall obey only the law. Agencies, organisations or individuals are prohibited from interfering in a trial by Judges and People's Assessors.
3. The People's Courts shall hold their hearings in public. In a special case which requires protection of state secrets, conformity with the fine customs and traditions of the nation, protection of minors or protection of private life and at the legitimate request of an involved party, the People's Court may hold a closed hearing.
4. Except in the case of a trial by summary procedure, the People's Courts shall try cases on a collegial basis and make decisions by a vote of the majority.
5. The adversarial principle shall be guaranteed in trials.
6. The first-instance and appellate hearing system shall be guaranteed.
7. The right of the accused or defendants to a defense, and the right of involved parties to protect their legitimate interests, shall be guaranteed.

Article 1041. The Supreme People's Court is the highest judicial body of the Socialist Republic of Vietnam.
2. The Supreme People's Court shall supervise the judicial work of other Courts, unless otherwise prescribed by a law.
3. The Supreme People's Court shall make overall assessment of adjudicating practices, ensuring the uniform application of law in trial.

Article 1051. The term of office of the Chief Justice of the Supreme People's Court follows the term of the National Assembly. The appointment, relief from duty, dismissal, and term of office of the Chief Justices of other Courts shall be prescribed by a law.
2. The Chief Justice of the Supreme People's Court is responsible, and shall report on his or her work, to the National Assembly. When the National Assembly is in recess, he or she is responsible, and shall report on his or her work, to the Standing Committee of the National Assembly and the President. The reporting regime applicable to the Chief Justices of other Courts shall be prescribed by a law.
3. The appointment, approval, relief from duty, dismissal, and term of office of Judges, and the election and term of office of Assessors, shall be prescribed by a law.

Article 106The judgments and decisions of the People's Courts which have taken legal effect must be respected by agencies, organisations and individuals and must be strictly observed by the concerned agencies, organisations or individuals.

Article 1071. The People's Procuracies shall exercise the power to prosecute and supervise judicial activities.
2. The People's Procuracies include the Supreme People's Procuracy and other Procuracies as prescribed by a law.
3. The People's Procuracies have the duty to safeguard the law, human rights, citizens' rights, the socialist regime, the interests of the State, and the rights and legitimate interests of organisations and individuals, thus contributing to ensuring the strict and unified observance of the law.

Article 1081. The term of office of the Procurator General of the Supreme People's Procuracy follows the term of the National Assembly. The appointment, relief from duty, dismissal, and term of office of the Chief Procurators of other Procuracies and of Procurators shall be prescribed by a law.
2. The Procurator General of the Supreme People's Procuracy is responsible, and shall report on his or her work, to the National Assembly. When the National Assembly is in recess, he or she is responsible, and shall report on his or her work, to the Standing Committee of the National Assembly and the President. The reporting regime applicable to the Chief Procurators of other Procuracies shall be prescribed by a law.

Article 1091. The People's Procuracies shall be led by their Chief Procurators. The Chief Procurator of a People's Procuracy is subject to the leadership of the Chief Procurator of the People's Procuracy at a higher level. The Chief Procurators of Procuracies at lower levels are subject to the unified leadership of the Procurator General of the Supreme People's Procuracy.
2. When exercising the power to prosecute or to supervise judicial activities, a Procurator shall abide by the law and is subject to the direction by the Chief Procurator of the People's Procuracy.

Chapter VII: THE GOVERNMENT

 Article 94The Government is the highest state administrative body of the Socialist Republic of Vietnam, shall exercise executive power, and is the executive body of the National Assembly.

The Government is responsible to the National Assembly and shall report on its work to the National Assembly, the Standing Committee of the National Assembly and the President.

Article 951. The Government is composed of the Prime Minister, Deputy Prime Ministers, Ministers, and Heads of ministerial-level agencies.
The structure and number of members of the Government shall be decided by the National Assembly.
The Government shall work on a collegial basis and make its decisions by a vote of the majority.
2. The Prime Minister is the head of the Government and responsible to the National Assembly and President for the work of the Government and assigned tasks; and shall report on the work of the Government and the Prime Minister to the National Assembly, the Standing Committee of the National Assembly and the President.
3. Deputy Prime Ministers shall assist the Prime Minister in his or her work as assigned by the Prime Minister, and are responsible to the Prime Minister for their assigned tasks. In the absence of the Prime Minister, a Deputy Prime Minister delegated by the Prime Minister shall lead the work of the Government on behalf of the Prime Minister.
4. Ministers and Heads of ministerial-level agencies are personally responsible to the Prime Minister, Government and National Assembly for the sectors and fields under their charge and, together with other members of Government, shall assume the collective responsibility for the work of the Government.

Article 96The Government has the following tasks and powers:
1. To organise the implementation of the Constitution, laws and resolutions of the National Assembly, ordinances and resolutions of the Standing Committee of the National Assembly, and orders and decisions of the President;
2. To propose and formulate policies to be submitted to the National Assembly or the Standing Committee of the National Assembly for decision or decide on policies according to its competence, for the performance of its tasks and the exercise of its powers set out in this Article; to submit draft laws, draft state budget estimates and other projects to the National Assembly; and to submit draft ordinances to the Standing Committee of the National Assembly;
3. To perform the unified management of the economy, culture, social affairs, education, health, science, technology, environment, information, communications, external relations, national defense, national security, and social order and safety; to carry out orders on general mobilisation or partial mobilisation or orders to proclaim a state of emergency, and take other necessary measures to defend the Fatherland and to protect the People's lives and property;
4. To propose the National Assembly for decision the establishment or abolition of ministries or ministerial-level agencies; the establishment, dissolution, consolidation, separation, or adjustment of the administrative boundaries of, provinces, centrally run cities or special administrative-economic units; to propose the Standing Committee of the National Assembly for decision the establishment, dissolution, consolidation, separation or adjustment of the boundaries of, administrative units under the provinces and centrally run cities;
5. To perform the unified management of the national administration system; to manage cadres, civil servants, public employees, and the public service in state agencies; to organise inspection and control work, the settlement of complaints and denunciations, and the fight against bureaucracy and corruption in the state apparatus; to lead the work of the ministries, ministerial-level agencies, government-attached agencies, and People's Committees at all levels; to guide and examine the People's Councils in their implementation of the documents of state agencies at higher levels, to create the conditions for the People's Councils to perform their tasks and exercise their powers which are prescribed by a law;
6. To protect the rights and interests of the State and society, human rights and citizens' rights; and to ensure social order and safety;
7. To negotiate and conclude treaties in the name of the State, as authorized by the President; to decide on the conclusion, accession to, ratification of, or withdrawal from, treaties in the name of the Government, except for treaties to be submitted to the National Assembly for ratification as specified in Clause 14, Article 70; to protect the interests of the State and the legitimate interests of Vietnamese organisations or citizens in foreign countries;
8. To coordinate with the Central Committee of the Vietnam Fatherland Front and central bodies of the socio-political organisations in the performance of the tasks and the exercise of the powers of the Government.

Article 97The term of the Government follows the term of the National Assembly. At the expiration of the term of the National Assembly, the Government shall remain in office until a new Government is elected by the succeeding National Assembly.

Article 98The Prime Minister shall be elected by the National Assembly from among its deputies.
The Prime Minister has the following tasks and powers:
1. To lead the work of the Government; to lead the formulation of policies and organise the implementation of laws;
2. To lead and take responsibility for the work of the state administration system from the central to the local level, ensuring the consistency and continuity of the national administration system;
3. To submit to the National Assembly for approval proposals on the appointment, relief from duty or dismissal of Deputy Prime Ministers, Ministers or other members of the Government; to appoint, relieve from duty or dismiss Deputy Ministers or officials of equal rank of ministries or ministerial-level agencies; to approve the election and relief from duty, and to decide on the transfer or dismissal of Chairpersons and Vice Chairpersons of the People's Committees of provinces or centrally run cities;
4. To suspend the implementation of, or annul the documents, of Ministers, Heads of ministerial-level agencies, People's Committees, Chairpersons of the People's Committees of provinces or centrally run cities that contravene the Constitution, laws or documents of state agencies at higher levels; to suspend the implementation of resolutions of the People's Councils of provinces or centrally run cities that contravene the Constitution, laws or documents of state agencies at higher levels and, at the same time, to propose the Standing Committee of the National Assembly to annul them;
5. To decide on and direct the negotiation of, and to direct the conclusion, and accession to, or ratification of, treaties within the scope of the tasks and powers of the Government; to organise the implementation of treaties to which the Socialist Republic of Vietnam is a contracting party;
6. To make reports to the People through the mass media on important issues falling within the competence of the Government and the Prime Minister.

Article 991. Ministers and Heads of ministerial-level agencies are members of the Government, shall preside over their ministries or ministerial-level agencies, and shall lead the work of their ministries or ministerial-level agencies; shall perform the state management of the sectors and fields under their charge; and shall organise and monitor nationwide the implementation of laws concerning their sectors and fields.
2. Ministers and Heads of ministerial-level agencies shall report on their work to the Government and Prime Minister; and make reports to the People on important issues under their management.

Article 100The Government, the Prime Minister, Ministers, and Heads of ministerial-level agencies shall promulgate legal documents to perform their tasks and exercise their powers, review the implementation of those documents, and deal with unlawful documents in accordance with law.

Article 101The President of the Central Committee of the Vietnam Fatherland Front and heads of central bodies of socio-political organisations may be invited to meetings of the Government that discuss relevant issues.

Chapter VI: THE PRESIDENT

 Article 86The President is the Head of State and shall represent the Socialist Republic of Vietnam internally and externally.


Article 87The President shall be elected by the National Assembly from among its deputies. The President is responsible, and shall report on his or her work, to the National Assembly. His or her term of office follows the term of the National Assembly. At the expiration of the term of the National Assembly, the President shall remain in office until a new President is elected by the succeeding National Assembly.

Article 88The President has the following tasks and powers:
1. To promulgate the Constitution, laws and ordinances; to request the Standing Committee of the National Assembly to reconsider its ordinances, within ten days of their passage; if those ordinances are still voted for by the Standing Committee of the National Assembly and disapproved by the President, the President shall refer the matter to the National Assembly for decision at its next session;
2. To propose to the National Assembly to elect, relieve from duty or remove from office the Vice President or Prime Minister; and appoint, relieve from duty or dismiss Deputy Prime Ministers, Ministers or other members of the Government;
3. To propose the National Assembly to elect, relieve from duty or remove from office the Chief Justice of the Supreme People's Court or Procurator General of the Supreme People's Procuracy; and appoint, relieve from duty or dismiss Judges of the Supreme People's Court; to appoint, relieve from duty or dismiss Deputy Chief Justices of the Supreme People's Court, Judges of other Courts or Deputy Procurators General or Procurators of the Supreme People's Procuracy; to decide on a special amnesty; or, based on resolutions of the National Assembly, to proclaim a general amnesty;
4. To decide on the award of orders, medals, state prizes or state honourary titles; to decide to permit naturalization in Vietnam, renunciation of Vietnamese citizenship, restoration of Vietnamese citizenship or deprivation of Vietnamese citizenship;
5. To assume command of the people's armed forces and hold the office of Chairperson of the National Defense and Security Council; to decide on the award, promotion, demotion or deprivation of the ranks of general, naval rear admiral, naval vice admiral and naval admiral; to appoint, relieve from duty or dismiss the Chief of the General Staff or the Director of the Political General Department of the Vietnamese People's Army; based on resolutions of the National Assembly or the Standing Committee of the National Assembly, to promulgate or annul decisions to declare a state of war; based on resolutions of the Standing Committee of the National Assembly, to issue an order on general mobilisation or partial mobilisation, to declare or cancel a state of emergency; or, in case the Standing Committee of the National Assembly cannot meet, to declare or cancel a state of emergency nationwide or in a particular locality;
6. To receive foreign ambassadors extraordinary and plenipotentiary; based on resolutions of the Standing Committee of the National Assembly, to appoint, relieve from duty; decide to send or recall ambassadors extraordinary and plenipotentiary of the Socialist Republic of Vietnam; to confer the ambassadorial title and rank; to decide on the negotiation and conclusion of treaties in the name of the State; to submit to the National Assembly for ratification of, or decision on the accession to, or withdrawal from, the treaties specified in Clause 14, Article 70; to decide on the ratification of, accession to, or withdrawal from, other treaties in the name of the State.
7. To hold Director of Steering Committee of the Central Judicial Reform.

Article 891. The National Defense and Security Council is composed of the Chairperson, Vice Chairperson and members. The list of members of the National Defense and Security Council shall be submitted by the President to the National Assembly for approval. The National Defense and Security Council shall work on a collegial basis and make its decisions by a vote of the majority.
2. The National Defense and Security Council shall propose the National Assembly or, when the National Assembly cannot meet, the Standing Committee of the National Assembly to decide on a state of war; mobilise all forces and capacity of the country to defend the Fatherland; perform special tasks and exercise special powers assigned to and vested in it by the National Assembly in case of war; and decide on the participation of the people's armed forces in peacekeeping operations in the region and around the world.

Article 90The President may attend meetings of the Standing Committee of the National Assembly and meetings of the Government. The President may request the Government to meet to discuss issues that he or she considers necessary to fulfill his or her tasks or exercise his or her powers.

Article 91The President shall issue orders and decisions for the performance of his or her tasks or the exercise of his or her powers.

Article 92The Vice President shall be elected by the National Assembly from among its deputies. The Vice President shall assist the President in his or her work and may be delegated certain tasks by the President to perform on behalf of the President.

Article 93When the President is incapacitated from work over a long period of time, the Vice President shall succeed as acting President. In case of vacancy of the Presidency, the Vice President shall serve as acting President until a new President is elected by the National Assembly.

Chapter V: THE NATIONAL ASSEMBLY

 Article 69

The National Assembly is the highest representative body of the People and the highest state power body of the Socialist Republic of Vietnam. The National Assembly shall exercise constitutional and legislative powers, decide on important issues for the country, and conduct the supreme oversight over the activities of the State.

Article 70
The National Assembly has the following tasks and powers:
1. To make and amend the Constitution; to make and amend laws;
2. To exercise the power of supreme oversight over the observance of the Constitution, laws and resolutions of the National Assembly; to review work reports of the President, Standing Committee of the National Assembly, Government, Supreme People's Court, Supreme People's Procuracy, National Election Council, State Audit Office, and other agencies established by the National Assembly;
3. To decide on the country's major goals, targets, policies and tasks for socio-economic development;
4. To decide on fundamental national financial and monetary policies; to introduce, change or abolish taxes; to decide on the division of revenues and expenditures between the central and local budgets; to decide on the safe limits for national, public and government debts; to decide on state budget estimates and the allocation of the central budget; and to approve the final accounts of the state budget;
5. To decide on state policies on ethnicities and religion;
6. To regulate the organisation and operation of the National Assembly, President, Government, People's Courts, People's Procuracies, National Election Council, State Audit Office, local administrations, and other agencies established by the National Assembly;
7. To elect, relieve from duty or remove from office the President, Vice Presidents, Chairperson and Vice Chairpersons of the National Assembly, members of the Standing Committee of the National Assembly, Chairperson of the Ethnic Council, Chairpersons of the Committees of the National Assembly, Prime Minister, Chief Justice of the Supreme People's Court, Procurator General of the Supreme People's Procuracy, Chairperson of the National Election Council, State Auditor General, and heads of other agencies established by the National Assembly; to approve proposals on the appointment, relief from duty or dismissal of the Deputy Prime Ministers, Ministers or other members of the Government, and Judges of the Supreme People's Court; and to approve the lists of members of the National Defense and Security Council and the National Election Council. After being elected, the President, Chairperson of the National Assembly, Prime Minister, and Chief Justice of the Supreme People's Court shall take an oath of loyalty to the Fatherland, the People and the Constitution;
8. To conduct votes of confidence on persons holding positions elected or approved by the National Assembly;
9. To decide on the establishment or abolition of ministries or ministerial-level agencies of the Government; to establish, dissolve, consolidate, separate or adjust the administrative boundaries of, provinces, centrally run cities and special administrative-economic units; or to establish or abolish other agencies in accordance with the Constitution and law;
10. To annul documents of the President, Standing Committee of the National Assembly, Government, Prime Minister, Supreme People's Court and Supreme People's Procuracy that contravene the Constitution, laws or resolutions of the National Assembly;
11. To decide on a general amnesty;
12. To stipulate the titles and ranks in the people's armed forces, diplomatic titles and ranks, and other state titles and ranks; to institute orders, medals, and state honourary titles;
13. To decide on issues of war and peace; to determine states of emergency and other special measures to ensure national defense and security;
14. To decide on fundamental foreign policies; to ratify, or decide on the accession to, or withdrawal from, treaties related to war, peace, national sovereignty or the membership of the Socialist Republic of Vietnam in important international and regional organisations, treaties on human rights or fundamental rights and obligations of citizens, and other treaties that are not consistent with the laws or resolutions of the National Assembly; 15. To decide to hold referenda.

Article 71
1. The term of the National Assembly is five years.
2. Sixty days before the expiration of the term of the National Assembly, a new National Assembly must be elected.
3. In special cases, the National Assembly may 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 the National Assembly deputies vote for it. The extension of the term of the National Assembly must not exceed twelve months, except in wartime.

Article 72
The Chairperson of the National Assembly shall preside over National Assembly sessions; authenticate by his or her signature the Constitution, laws and resolutions of the National Assembly; lead the work of the Standing Committee of the National Assembly; organise the conduct of the external relations of the National Assembly; and maintain a relationship with National Assembly deputies. Vice Chairpersons of the National Assembly shall assist the Chairperson in his or her work as assigned by the Chairperson.

Article 73
1. The Standing Committee of the National Assembly is the permanent body of the National Assembly.
2. The Standing Committee of the National Assembly is composed of the Chairperson, Vice Chairpersons and members.
3. The number of members of the Standing Committee of the National Assembly shall be decided by the National Assembly. A member of the Standing Committee of the National Assembly may not concurrently be a member of the Government.
4. The Standing Committee of the National Assembly shall perform its tasks and exercise its powers until a new Standing Committee is elected by the succeeding National Assembly.

Article 74
The Standing Committee of the National Assembly has the following tasks and powers:
1. To prepare, convene and preside over sessions of the National Assembly;
2. To enact ordinances on issues assigned to it by the National Assembly; to interpret the Constitution, laws and ordinances;
3. To oversee the implementation of the Constitution, laws and resolutions of the National Assembly and ordinances and resolutions of the Standing Committee of the National Assembly; to oversee the activities of the Government, Supreme People's Court, Supreme People's Procuracy, State Audit Office, and other agencies established by the National Assembly;
4. To suspend the implementation of documents of the Government, Prime Minister, Supreme People's Court or Supreme People's Procuracy that contravene the Constitution, or laws or resolutions of the National Assembly, and refer those documents to the National Assembly to decide on their annulment at the next session; to annul documents of the Government, Prime Minister, Supreme People's Court or Supreme People's Procuracy that contravene ordinances or resolutions of the Standing Committee of the National Assembly;
5. To direct, harmonize and coordinate the activities of the Ethnic Council and the Committees of the National Assembly; to guide and ensure the conditions for the work of National Assembly deputies;
6. To propose the National Assembly to elect, relieve from duty or remove from office the President, Chairperson or Vice Chairpersons of the National Assembly, members of the Standing Committee of the National Assembly, Chairperson of the Ethnic Council, Chairpersons of the Committees of the National Assembly, Chairperson of the National Election Council, or State Auditor General;
7. To supervise and guide the work of the People's Councils; to annul resolutions of the People's Councils of provinces or centrally run cities that contravene the Constitution, laws or documents of state agencies at higher levels; to dissolve the People's Councils of provinces or centrally run cities in case they cause serious damage to the interests of the People;
8. To decide on the establishment, dissolution, consolidation, separation, or adjustment of the boundaries of, the administrative units under the provinces or centrally run cities;
9. To decide to declare a state of war in case the National Assembly cannot meet, and report it to the National Assembly for decision at its next session;
10. To decide on general or partial mobilisation; to declare or cancel a state of emergency throughout the country or in a particular locality;
11. To conduct the external relations of the National Assembly;
12. To approve proposals on the appointment or relief from duty of ambassadors extraordinary and plenipotentiary of the Socialist Republic of Vietnam;
13. To organise referenda in pursuance to decisions of the National Assembly.

Article 75
1. The Ethnic Council is composed of the Chairperson, Vice Chairpersons and members. The Chairperson of the Ethnic Council shall be elected by the National Assembly; Vice Chairpersons and members of the Ethnic Council shall be approved by the Standing Committee of the National Assembly.
2. The Ethnic Council shall study and make proposals on ethnic issues to the National Assembly; exercise the power of overseeing the implementation of policies on ethnic groups, programmes and plans for socio-economic development in mountainous and ethnic minority areas.
3. The Chairperson of the Ethnic Council may be invited to attend Government meetings to discuss the implementation of policies on ethnic groups. The Government shall consult the Ethnic Council before promulgating regulations on the implementation of policies on ethnic groups.
4. The Ethnic Council has additional tasks and powers similar to those of the Committees of the National Assembly set out in Clause 2, Article 76.

Article 76
1. A Committee of the National Assembly is composed of the Chairperson, Vice Chairpersons and members. Chairpersons of the Committees shall be elected by the National Assembly; Vice Chairpersons and members of the Committees shall be approved by the Standing Committee of the National Assembly.
2. The Committees of the National Assembly shall verify draft laws, proposals on laws, other drafts, and reports as assigned by the National Assembly or the Standing Committee of the National Assembly; exercise the oversight power within the scope of their powers and tasks prescribed by a law; and make proposals on issues that fall within the scope of their activities.
3. The establishment or dissolution of the Committees shall be decided by the National Assembly.

Article 77
1. The Ethnic Council or the Committees of the National Assembly may request members of the Government, Chief Justice of the Supreme People's Court, Procurator General of the Supreme People's Procuracy, State Auditor General or concerned individuals to make reports, give explanations or provide documents on necessary matters. The persons who receive requests shall respond.
2. State agencies shall study and respond to the proposals made by the Ethnic Council and the Committees of the National Assembly.

Article 78
The National Assembly may, as necessary, establish an ad-hoc Committee to study and verify a certain project or investigate a certain issue.

Article 79
1. A National Assembly deputy shall represent the will and aspirations of the People of his or her constituency and of the whole country.
2. A National Assembly deputy shall maintain close ties with voters and submit to their supervision; collect and truthfully convey their views and aspirations to the National Assembly and concerned agencies or organisations; meet and report to the voters on his or her activities and activities of the National Assembly; respond to the requests and petitions of voters; monitor and press for the settlement of complaints and denunciations, and guide and assist in the exercise of the right to complaint or denunciation.
3. A National Assembly deputy shall inform the People of, and mobilise them to implement, the Constitution and laws.

Article 80
1. National Assembly deputies have the right to raise questions to the President, Chairperson of the National Assembly, Prime Minister, Ministers and other members of the Government, Chief Justice of the Supreme People's Court, Procurator General of the Supreme People's Procuracy or State Auditor General.
2. The questioned persons shall present their answers before the National Assembly at a session of the National Assembly or, when the National Assembly is in recess, at a meeting of the Standing Committee of National Assembly; the National Assembly and the Standing Committee of the National Assembly may, as necessary, allow the questioned persons to submit written answers.
3. National Assembly deputies have the right to request agencies, organisations or individuals to provide information and documents related to the latter's tasks. The heads of agencies or organisations, or individuals shall answer questions raised by deputies within the time limit prescribed by a law.

Article 81
No National Assembly deputy may be arrested, held in custody, detained or prosecuted without the consent of the National Assembly or, when the National Assembly is in recess, without the consent of the Standing Committee of the National Assembly. In the case a deputy is detained for a flagrant offense, the agency holding the deputy in custody shall immediately report the case to the National Assembly or the Standing Committee of the National Assembly for consideration and decision.

Article 82
1. National Assembly deputies shall fully perform their tasks; and have the right to participate as members in the Ethnic Council or a Committee of the National Assembly.
2. The Standing Committee of the National Assembly, Prime Minister, Deputy Prime Ministers, Ministers, Heads of ministerial-level agencies or other agencies of the State shall create the conditions for National Assembly deputies to perform their tasks.
3. The State shall ensure funding for the activities of National Assembly deputies.

Article 83
1. The National Assembly shall hold sessions in public. The National Assembly may, when necessary and at the request of the President, Standing Committee of the National Assembly, Prime Minister or at least one-third of the total number of the National Assembly deputies, decide to conduct a closed session.
2. The National Assembly shall hold two sessions a year. The National Assembly shall hold an extraordinary session when so requested by the President, Standing Committee of the National Assembly, Prime Minister or at least one-third of the total number of the National Assembly deputies. The Standing Committee of the National Assembly shall convene sessions of the National Assembly.
3. The first session of a newly elected National Assembly must be convened within sixty days from the date of election of the National Assembly deputies; this session must be opened and presided over by the Chairperson of the outgoing National Assembly until the new National Assembly elects its Chairperson.

Article 84
1. The President, Standing Committee of the National Assembly, Ethnic Council and Committees of the National Assembly, Government, Supreme People's Court, Supreme People's Procuracy, State Audit Office, Central Committee of the Vietnam Fatherland Front, and central bodies of the Front's member organisations have the right to submit draft laws to the National Assembly or submit draft ordinances to the Standing Committee of the National Assembly.
2. National Assembly deputies have the right to submit their proposals on laws and ordinances, or draft laws and draft ordinances, to the National Assembly or the Standing Committee of the National Assembly.

Article 85
1. Laws and resolutions of the National Assembly must be voted for by more than half of the total number of the National Assembly deputies; the making or amendment of the Constitution, decisions to shorten or extend the term of the National Assembly or to remove from office one of its deputies must be voted for by at least two-thirds of the total number of the National Assembly deputies.
Ordinances and resolutions of the Standing Committee of the National Assembly must be approved by more than half of the total number of its members.
2. Laws and ordinances must be promulgated within fifteen days of their passage, unless the President requests reconsideration of an ordinance.

Chapter XI: EFFECTIVENESS OF THE CONSTITUTION AND AMENDMENT TO THE CONSTITUTION

  Article 119 1. The Constitution is the fundamental and supreme law of the Socialist Republic of Vietnam. All other legal documents must co...