VIETNAM STATE SYSTEM

Group 31) Nguyen Huu Quy 2) Hoang Tran Duc Hong3) Nguyen Ngoc Tuyet Mai4) Ho Thai Binh5) Dang Van Dao

Outline

1. The National Assemblya) Functions

The Legislative Function The Function of Deciding the

Important Issues of the Nation The Supervision Function

b) The terms of the National Assembly

c) Deputies to the National Assembly

d) The Chairman and Vice Chairmen of the National Assembly

e) The Standing Committee of the National Assembly

f) Councils Administered by the

National Assemblyg) Functional Committee of the

National Assembly

2. The State President3. The Government4. Supreme People’s Court5. Supreme People’s Procuracy6. Local Authorities

◦ People’s Councils◦ People’s Committee◦ Local People’s Committees◦ Local People’s Procuracy

The highest representative organ of the people, of state power of the Socialist Republic of Viet Nam, the sole organ that has the constitutional and legislative rights

1. The National Assembly (1992 Constitution – chapter 6)

a) Functions:

decides the fundamental domestic and foreign policies, the socio-economic tasks, national defense and security issues, the major principles governing the State machinery, the social relations and activities of citizens

exercises the right to supreme supervision of all activities of the State

a) Functions:

Has the highest authority to make Constitution and Laws. Legal documents promulgated by the National Assembly are the Constitution, codes, laws and resolutions

Has three main functions: legislative, deciding the important issues of the country and carrying out the supreme supervision power of all activities of the State

Adopts and amends the Constitution and the law, decides on the legislative program

According to the 1992 Constitution, everyone have right to present bills to the National Assembly

The Legislative Function

Bills are first

examined &

commented

Bills sent to all

Deputies to the

National Assembly

Bills which require public

discussion are

published and aired by

the mass-media

All bills are discussed

at the National

Assembly session

Bill becomes

duly-adopted

law

Bill must be signed by

the President of the

National Assembly

The President of the Republic promulgates

the law

The Legislative Function

The National Assembly make decision on many aspects of the stage, included: ◦ Domestic affairs included all the decisions on the socio-

economic plans , financial and monetary policies, election…◦ Foreign affairs decides on fundamental external policies. At

the request of the President of the Republic, it ratifies or revokes those international treaties that Vietnam has signed or adhered to.

The function of deciding the important issues of the Nation

The National Assembly exercises the supreme power of supervision over all activities of the State

Included Constitution, the Laws, the Resolutions of the National Assembly, Ordinances, and Resolutions of the Standing Committee of the National Assembly

The supervision function

The term of each National Assembly is five years, function twice a year through sessions.

If The National Assembly Standing Committee deems it necessary or required by State President, Prime Minister or more than 1/3 of the delegates, there will be unscheduled meetings.

b) The terms of the National Assembly

Any Deputy to the National Assembly must be above 21, qualified and voted through election.

Deputies to the National Assembly are elected directly by the people and act on behalf of the people in the National Assembly

A Deputy to the National Assembly takes part in deciding issues within the competence of the National Assembly

c) Deputies to the National Assembly

The Deputies to the National Assembly may question the President of the Republic, the President of the National Assembly, the Prime Minister, Ministers and other members of the Government, the President of the Supreme People's Court and the Procurator General

c) Deputies to the National Assembly

Elected by the National Assembly among NA deputies in the first session of every NA tenure. Vice Chairmen are the assistants to the Chairman as assigned by the latter.

d) The Chairman and Vice Chairmen of the National Assembly

Is the permanent body of the National Assembly between the two sessions.

Supervises the implementation of the Constitution, laws and resolutions approved by the National Assembly, ordinances and resolutions issued by the NA Standing Committee; and the performance of the Government, Supreme People’s Court, Supreme People’s Procuracy

The members of the Standing Committee of the National Assembly may not simultaneously be members of the Government

e) The Standing Committee of the National Assembly

The 1992 Constitution stipulates that the Standing Committee of the National Assembly has twelve tasks and powers.

Supervises and guides the activities of the People's Councils and directs, regulates and coordinates the activities of the Council of Ethnic Affairs and all Committees of the National Assembly.

e) The Standing Committee of the National Assembly

The National Defense and Security Council consists of the State President as the Chairman, the Prime Minister as the Vice Chairman and four members.

The Council of Ethnic Affairs consists of one Chairman and 38 members.

f) Councils administered by the National Assembly

Included : Committee on Laws, Committee on Justice, Committee on External Relations, Committee on Economy and Budget, Committee on National Defense and Security, Committee on Social Issues, Committee on Education, Culture, Youth and Children, and Committee on Science, Technology and Environment

g) Functional committees of the National Assembly

The State President (the Head of State):

elected by the National Assembly (article 102 of the 1992 Constitution)

to represent the Socialist Republic of Viet Nam internally and externally.

2. The State President (1992 Constitution – chapter 7)

According to Article 103 of the 1992 Constitution, the President has major executive and legislative power as follows:

◦ Promulgates the Constitution, laws and ordinances;

◦ Has overall command of the armed forces and holds the office of Chairman of the National Defense and Security Council;

◦ Appoints or proposes the appointment of, releases from duty, dismisses the Vice-Presidents, Prime Minister, Chief Judge of the Supreme People's Court, Head of the Supreme People's Procuracy

The President: assisted by the Vice President, the President’s Office, and the National Defense and Security Council.

Vice President: proposed by the President and elected by the NA. assists the President and may be authorized by the President to do

some tasks or functions as the acting President

The National Defense and Security Council: can mobilize the country’s forces and potentialities to protect the

fatherland. chaired by the President; its members are introduced by the

President and voted by the NA

The executive organ of the NA and the supreme state administrative agency of the Socialist Republic of Viet Nam

Accountable to the National Assembly, the National Assembly’s Standing Committee and the President of State.

Components of the Government:Prime MinisterDeputy Prime MinistersMinisters and Heads of ministerial-level agencies

3. The Government (1992 Constitution – chapter 8 – article 109, 110, 111)

The highest judicial organ of the Socialist Republic of Viet Nam

Including: the Chief Judge, Deputy Chief Judge, jurors and court secretaries

4. Supreme People’s Court (1992 Constitution – chapter 10)

The National Assembly elects and dismisses the Chief Judge of the Supreme People’s Court.

The State President nominates/dismisses Deputy Chief Judge and judges at the Chief Judge’s request. The People’s Jurors are introduced by the Central Committee of the Viet Nam Fatherland Frontier and appointed by the National Assembly Standing Committee.

Observes the implementation of and respect for the Constitution and laws by Ministries, ministerial-level agencies, Governmental organs, local authorities, social and economic organizations, armed forces, security forces and all citizens; and to practice public prosecution as stipulated by laws, ensuring due law enforcement

Consists of the Head who can be elected, dismissed, or removed from office by the National Assembly on the State President’s proposal, the Deputy Heads, prosecutors and inspector appointed or dismissed by the State President at the Head’s request

5. Supreme People’s Procuracy (1992 Constitution – Article 137, 138, 139, 140)

People’s Councils◦ People’s Councils of the centrally-administered cities and

provinces◦   People’s Councils of districts◦   People’s Councils of the provincial-level cities/towns◦   People’s Councils of communes, wards and towns

6. Local Authorities (1992 Constitution – chapter 9)

People’s Committee◦ Provincial level: consisting of services, subcommittees, other

organs administered by the People’s Committees and the People’s Committee offices

◦ District level: consisting of departments, sections, other organs administered by the People’s Committees and the People’s Committee offices

◦ Communal level: sections and the offices

Local people’s committees◦ Provincial-level people’s courts◦ District-level people’s courts.

Local people’s procuracy◦ Provincial and district levels

http://chinhphu.vn/portal/page/portal/chinhphu/NuocCHXHCNVietNam/ThongTinTongHop/hethongchinhtri

http://chinhphu.vn/portal/page/portal/chinhphu/chinhphu/chinhphuduongnhiem

http://toaan.gov.vn/portal/page/portal/tandtc/2185103 http://chinhphu.vn/portal/page/portal/chinhphu/NuocC

HXHCNVietNam/ThongTinTongHop/hienphapnam1992

References

Thanks for your attention