National Assembly of Vietnam

National Assembly of Vietnam. The National Assembly is the highest representative body and the supreme state authority of the Socialist Republic of Vietnam. Operating as a unicameral legislature, it holds constitutional and legislative power, overseeing the activities of the President of Vietnam, the Government of Vietnam, the Supreme People's Court of Vietnam, and the Supreme People's Procuracy of Vietnam. Its members are elected through nationwide elections for five-year terms.

History

The first legislature was convened following the August Revolution and the Proclamation of Independence of the Democratic Republic of Vietnam in 1945, with its inaugural session held at the Hanoi Opera House in 1946 under the leadership of Nguyễn Văn Tố. Throughout the First Indochina War and the Vietnam War, the assembly continued to function, relocating to war zones in the Viet Bắc region. Key historical assemblies include the adoption of the 1959 Constitution of the Democratic Republic of Vietnam and the 1980 Constitution of the Socialist Republic of Vietnam. The current foundational document, the 1992 Constitution of Vietnam, was substantially amended in 2001 and 2013, further defining the assembly's role within the socialist legal framework.

Powers and functions

The body exercises three primary powers: to legislate, to decide on fundamental national issues, and to exercise supreme oversight over all state activities. It is solely responsible for drafting and amending the Constitution of Vietnam and enacting codes and laws. It decides on national socio-economic development plans, the state budget, and matters of national defense, security, and foreign policy. It elects, appoints, and removes the President of Vietnam, the Prime Minister of Vietnam, the Chief Justice of the Supreme People's Court of Vietnam, and the Prosecutor General of the Supreme People's Procuracy of Vietnam. It also ratifies international treaties and can declare a state of war.

Structure and organization

The assembly operates through its plenary sessions and a standing body, the Standing Committee of the National Assembly of Vietnam. Key internal organs include the Council for Ethnic Affairs and various specialized committees such as the Committee on Legal Affairs, the Committee on Economic Affairs, and the Committee on National Defense and Security. The Chairman of the National Assembly of Vietnam presides over its operations, assisted by Vice Chairpersons. The Office of the National Assembly of Vietnam provides administrative and technical support. Sessions are typically held twice a year at the Ba Đình Hall in Hanoi.

Elections and membership

Delegates are elected for five-year terms based on universal suffrage, with candidates nominated through the Vietnamese Fatherland Front. The National Election Council oversees the electoral process. The current 15th National Assembly of Vietnam has 499 members, the vast majority of whom are members of the Communist Party of Vietnam, with a small number of non-party delegates. Notable members have included Hồ Chí Minh, Phạm Văn Đồng, and Võ Văn Kiệt. Delegates represent constituencies across all Provinces of Vietnam, including major cities like Ho Chi Minh City and Da Nang.

Legislative process

The process for drafting laws, known as Lawmaking in Vietnam, typically begins with proposals from the Government of Vietnam, the Supreme People's Court of Vietnam, the Supreme People's Procuracy of Vietnam, or from delegates themselves. Draft laws are prepared by relevant state agencies, often with input from ministries like the Ministry of Justice (Vietnam). They are then scrutinized by the Standing Committee of the National Assembly of Vietnam and relevant specialized committees. After multiple readings and debates during plenary sessions, laws are adopted by a majority vote. The President of Vietnam then orders their promulgation in the official gazette.

Relationship with other state bodies

The assembly stands at the apex of Vietnam's political system, creating a framework of unified state power where legislative, executive, and judicial branches coordinate under its oversight. It establishes the constitutional basis for the Government of Vietnam, led by the Prime Minister of Vietnam, which is the highest executive body. It elects the President of Vietnam as the head of state. The judiciary, headed by the Supreme People's Court of Vietnam, and the procuracy, led by the Supreme People's Procuracy of Vietnam, are also responsible to it. All activities of these bodies are subject to the assembly's scrutiny and questioning sessions.