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  Organizing the system

The State System

The National Assembly:

The National Assembly is the highest representative organ of the people, the highest organ of state power of the Socialist Republic of Vietnam.

a. Obligations: Constitutional and legislative; decides the basic 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. The Constitution of the Socialist Republic of Vietnam notes that the National Assembly has 14 major obligations (Article 84)

b. The National Assembly Deputy:

The National Assembly Deputy is a Vietnamese citizen, 21years or older, has knowledge and ability, is elected by voters. The National Assembly Representative has the duty to participate in the National Assembly sessions, has the right to present draft of law, draft of decree-law to the National Assembly, the National Assembly Standing Committee, has the right to question the country's President, the Chairman of the National Assembly, the Prime Minister, the Tribunal President of the People's Supreme Court, the Head of the Supreme People's Procures.
The National Assembly representative has to have close contact with voters and
accept the supervision of voters.

c. Chairman and Vice Chairmen of the National Assembly: are National Assembly deputies, elected by the National Assembly at the first session of each National Assembly. The Vice-Chairmen of the National Assembly are assistants of the Chairman according to the allotment of the Chairman.

d.The Functional Committees of the National Assembly: consists of the Law Committee, the Economic and Budget Committee, the Committee of National Defense and Security, the Committee of Foreign Affairs and the National Assembly Cabinet. The Committees have their Directors, Vice-Directors and other members.

e. The Tenure of the National Assembly: is 5 years, through 2 annual sessions. Besides, when so required by the country's President, the Prime Minister, or at least one-third of the total membership of the National Assembly, the Standing Committee may convene an extraordinary session of the National Assembly.

f. The National Assembly Standing Committee : is the permanent organ between the 2 sessions of the National Assembly. It has the right to exercise supervision and control over the implementation of the Constitution, laws, resolutions of the National Assembly, decree-laws, resolutions of the National Assembly Standing Committee; over the activities of the Government, the Supreme Court and the Supreme People's Procuracy. It specializes on promulgating decree-laws, explaining the Constitution, laws and decree-laws.

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The Country's President: is the Head of State, elected by the National Assembly from among its members to represent the Socialist Republic of Vietnam in internal and foreign affairs. The Constitution of the Socialist Republic of Vietnam notes that the President has 12 rights (Article 103), the most important are as follows:

  • To promulgate the Constitution, laws and decree-laws.

  • To be the commander-in-chief of the people armed forces and the Chairman of the National Defense and Security Council.

  • To propose the National Assembly to elect or sack the Vice President of the country, the Prime Minister, the Tribunal President of the Supreme Court, the Head of the Supreme People's Procuracy. Working beside the President there are: the Vice President, the National Defense and Security Council, the President Cabinet.

  • The Vice President: is proposed by the President and elected by the National Assembly from the representatives; the Vice President assists the President to complete his tasks and may be delegated by the President to perform certain tasks or be the acting President.

  • The National Defense and Security Council: has the duty to mobilize all forces and potentials of the country to defend the Homeland. The National Defense and Security Council comprises the President, Vice President and other members.

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The Government: is the executive organ of the National Assembly, the highest organ of State administration of the Socialist Republic of Vietnam.

  • The Government is accountable to the National Assembly and shall make its reports to the National Assembly, the National Assembly Standing Committee and the country's President.

  • The Government consists of the Prime Minister, Deputy Prime Ministers, Ministers and Heads of organs at ministerial level.

  • The Prime Minister is presented by the President, elected and sacked by the National Assembly and has the tenure of 5 years.

  • The Deputy Prime Ministers who are proposed to be recognized by the Prime Ministers, are the assistants of the Prime Minister and may be delegated by the Prime Minister during his absence.

  • The Ministers and Heads of organs at ministerial levels take on the State management of allotted branches or fields.

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The People's Supreme Court: is the highest judicial organ of the Socialist Republic of Vietnam.

  • The court consists of the Tribunal President, Vice Tribunal President, judges, the juror and the secretary of the court.

  • The court is composed of the Judge Council, Judge Committee, the Central military court and criminal court, civilian court, the court of appeal and the assistant apparatus

  • The tenure is 5 years.

  • The Tribunal President of the People's Supreme Court is elected and sacked by the National Assembly. The Vice Tribunal President and judges are appointed and sacked by the country's President according to the proposal of the Tribunal President. The National Assembly Standing Committee according to the proposal of the Central Committee of the Vietnam's Fatherland Front appoints the people's juror of the People's Supreme Court.

  • The Court shall hold its hearing publicly, independently and only obey the law.

  • The Court judges collectively, with the participation of the people's juror and decides according to the majority.

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The Supreme People's Procuracy: supervises and controls the
obedience to the law of the Ministries, organs at ministerial level, other organs belonging to the Government, local administrative organs, economic organizations, social organizations, arm forces and citizens; exercises the right of prosecution, ensure the strict and united implementation of law.

The Supreme People's Procuracy consists of:

  • The Head: is proposed by the President, elected and sacked by the National Assembly.

  • The Deputy Heads, procurators and investigators: are appointed and sacked by the President according to the proposal of the Head of the supreme people's procuracy..

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The local apparatus organization:

a. The People's Council:

  • The People's Council of provinces and cities under direct central rule.

  • The People's Council of districts.

  • The People's Council of provincial cities, towns and districts.

  • The People's Council of communes, wards and townlets.

b. The People's Committee:

  • The People's Committee of provinces and equivalent level: consists of services, committees, other organs belonging to the People's 'Committee and the People's Committee office.

  • The People's Committee of districts and equivalent level: consists of offices, services, other organs belonging to the People's Committee and the People's Committee office.

  • The People's Committee of villages and equivalent level: Consists of services and offices.

c. The local People's Court:

  • The Court of provinces and equivalent level.

  • The Court of districts.

d. The local People's Procuracy: at provincial and district level.

- (29/07/2003)


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