On the morning of February 12, the 15th National Assembly opened its 9th extraordinary session. At the opening session, Secretary General and Head of the National Assembly Office Le Quang Tung presented the Proposal on the draft Law amending and supplementing a number of articles of the Law on Organization of the National Assembly.
One of the new points is that the draft adds regulations on cases of temporary suspension of the performance of duties and powers of National Assembly deputies.
Article 39 of the draft Law states two cases in which the National Assembly Standing Committee considers and decides to temporarily suspend the performance of duties and powers of National Assembly deputies.
That is a National Assembly deputy who is being prosecuted; a person who is in the process of considering and handling a violation, and there is a basis to determine that disciplinary action from warning or higher (for deputies who are cadres, civil servants, or public employees) or to be handled by criminal law, and the inspection, examination, audit, investigation, prosecution, trial, and execution agency has issued a written request to temporarily suspend the performance of duties and powers of a National Assembly deputy against that person.
Accordingly, a National Assembly deputy who is prosecuted; a person whose violation is being considered and handled, and there is a basis to determine that he/she must be disciplined from warning or higher (for deputies who are cadres, civil servants, or public employees) or handled by criminal law, and the inspection, examination, audit, investigation, prosecution, trial, and execution agency has issued a written request to temporarily suspend the performance of duties and powers of a National Assembly deputy against that person.
The draft law also stipulates: "A National Assembly deputy convicted by a court verdict or decision shall automatically lose his/her National Assembly deputy rights from the date the court verdict or decision takes legal effect."
According to the current Law, the Standing Committee of the National Assembly only decides to temporarily suspend the performance of duties and powers of a National Assembly deputy when he or she is prosecuted.
Head of the National Assembly Office Le Quang Tung said that the regulations on cases of temporary suspension of the performance of duties and powers of National Assembly deputies were proposed to be added to the draft law to specify Regulation No. 148 dated May 23, 2024 of the Politburo on the authority of the head in temporarily suspending the work of subordinate officials in necessary cases or when there are signs of serious violations of Party regulations and State laws.
This is also to ensure compliance with Regulation No. 41 dated November 3, 2021 of the Politburo on dismissal and resignation of officials.
Examining this content, Chairman of the Law Committee Hoang Thanh Tung said that there were opinions suggesting continuing to review and fully institutionalize the provisions in Regulation No. 41 and Regulation No. 148 to specifically stipulate cases of temporary suspension of the performance of duties and powers of National Assembly deputies and handling the consequences of temporary suspension.
In addition to the above content, the draft law amends and supplements regulations on specialized agencies of the National Assembly; the Secretary General of the National Assembly, the Office of the National Assembly, agencies under the Standing Committee of the National Assembly; and the division of authority between the National Assembly, the Standing Committee of the National Assembly and the Government and other State agencies.
This draft law is expected to be considered and approved by the National Assembly on the afternoon of February 17.
