At the meeting, Chairman of the National Assembly's Law Committee Hoang Thanh Tung presented to the National Assembly a Summary Report explaining, accepting and revising the draft Law amending and supplementing a number of articles of the Law on the Organization of the National Assembly.
Regarding the determination of the authority of the National Assembly, the Government and agencies in the state apparatus in Article 5, according to Mr. Tung, the majority of opinions of National Assembly deputies agreed with the provisions in Article 5 to determine the authority of the National Assembly, the Government and other agencies in the state apparatus. Some opinions agreed but proposed to move to the provisions in the Law on Promulgation of Legal Documents.
The Standing Committee of the National Assembly said that the regulation of this content in the Law on the Organization of the National Assembly comes from the requirement that the Law on the Organization of the National Assembly must clearly and clearly define the scope, tasks, and authority of agencies in accordance with the provisions of the Constitution. This is a law regulating the organization and operation of the National Assembly, so it is necessary to supplement and clarify the authority of the National Assembly in performing the task of "making laws and amending laws" stipulated in Clause 1, Article 70 of the 2013 Constitution; agreed with the current regulation in the draft Law on Government Organization (amended) and the draft Law on Promulgation of Legal Documents (amended) also being considered and approved by the National Assembly at this Session. Moreover, the amendment and supplementation of Article 5 aims to concretize the requirements for innovation in thinking in law-making work, clearly define the scope of contents that need to be regulated by law and resolutions of the National Assembly and provide principles and orientations on the level of detail that need to be regulated in the law, as a basis for implementing the authority to make laws and amend laws of the National Assembly. In that spirit, the Standing Committee of the National Assembly proposes that the National Assembly keep this content in the draft Law and revise the provisions in Clause 1 and Clause 2, Article 5 to ensure compliance with Conclusion No. 119-KL/TW of the Politburo and to agree with the draft Law on Promulgation of Legal Documents (amended).
Regarding the Ethnic Council and the National Assembly Committees (Articles 66, 67 and 68a), the majority of opinions of National Assembly deputies agreed with the regulation on the Ethnic Council and the National Assembly Committees as in the draft Law. Some specific comments on the name, organizational structure, functions, tasks, and powers of the Ethnic Council and the National Assembly Committees.
Based on receiving the opinions of the National Assembly deputies, the Chairman of the National Assembly's Law Committee said that the National Assembly Standing Committee has directed the revision of the following contents:
- Receive and revise regulations on the organizational structure of the Ethnic Council and the National Assembly Committees in Article 67 in the direction of the Ethnic Council and the National Assembly Committees, including Chairmen of the Ethnic Council/Chairmen of the National Assembly Committees, Vice Chairmen/Vice Chairmen, and members who are full-time National Assembly deputies working at the Ethnic Council and the National Assembly Committee.
- Receive and revise regulations on the functions, tasks, and powers of the Ethnic Council and the Committees of the National Assembly in Article 68a. Regarding opinions on the specific tasks and powers of the Ethnic Council, the National Assembly Committees and the Standing Committee of the National Assembly would like to continue to study and absorb the draft Resolution of the Standing Committee of the National Assembly on the specific tasks, powers and organizational structure of the Ethnic Council and the Committees of the National Assembly and will be approved immediately after the National Assembly passes the Resolution on the organization of the National Assembly agencies.
Regarding the establishment of Subcommittees of Ethnic Council, the Committees and the Standing Committees of the National Assembly consider the establishment of Subcommittees to operate regularly or according to each specific job and project as one of the methods of operation of the Council and the Committee, not a hard-form organizational structure of the Ethnic Council and the National Assembly Committee.
Based on Conclusion No. 111/KL-TW of the Politburo, the draft Law has institutionalized the elements of the Council and Committee's organizational structure; the establishment of the Subcommittee will be stipulated in the Resolution of the Standing Committee of the Vietnam Fatherland Front on the specific tasks, powers and organizational structure of the Ethnic Council and the National Assembly Committees as a method of organizing the work of these agencies to ensure flexibility and compliance with the way of regulating the National Assembly's agencies.
Regarding the National Assembly session (Article 90), some opinions of National Assembly deputies suggested changing the phrase "Involuntary National Assembly" in Clause 2, Article 90 to "Involuntary National Assembly" or the National Assembly has a thematic session.
The National Assembly Standing Committee would like to accept the above comments to amend and supplement Clause 2, Article 90 and technical amendments in Clause 1, Clause 3, Article 33, Clause 2, Article 91, Clause 1, Article 92 of the Law on the Organization of the National Assembly in the direction of concretizing the provisions on "Unusual National Assembly" in Clause 2, Article 83 of the Constitution. Accordingly, the National Assembly meets regularly every two terms. Unusual sessions of the National Assembly are held at the request of 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 and decide on urgent issues under the authority of the National Assembly to meet the requirements of socio-economic development, ensuring national defense, security and foreign affairs. At the same time, it will continue to study the numbering of regular and ad hoc sessions of the National Assembly accordingly to implement the consensus from the next term.
In addition to the above contents, Mr. Tung affirmed that the Standing Committee of the National Assembly has directed the study, review, and maximum acceptance of the opinions of National Assembly deputies and opinions of relevant agencies and organizations to revise both the content and legislative techniques. After being accepted and revised, the draft Law has amended and supplemented 21 articles (an increase of 04 articles compared to the draft Law on submitting to the National Assembly for comments) and abolished 17 articles of the current Law on the Organization of the National Assembly; ensuring timely institutionalization of the Party's policy on streamlining the organization of the apparatus and personnel work, ensuring consistency and unity with the amendment and supplementation of the Law on Government Organization, the Law on Organization of Local Government and the Law on Promulgation of Legal Documents.
This Law takes effect from the date of its approval by the National Assembly.
