On the afternoon of February 17, at the 9th extraordinary session, under the direction of Vice Chairman of the National Assembly Nguyen Khac Dinh, the National Assembly voted to pass the Law amending and supplementing a number of articles of the Law on Organization of the National Assembly.
The electronic voting results showed that 461/461 delegates voted in favor (equal to 96.44% of the total number of National Assembly delegates).
Reporting on the explanation, acceptance and revision of the draft Law before the National Assembly votes, Chairman of the Law Committee Hoang Thanh Tung said that the majority of opinions of the National Assembly deputies agree with the provisions in Article 5 to define the authority of the National Assembly, the Government and other agencies in the state apparatus.
Some opinions, although in agreement, proposed to move to regulations in the Law on Promulgation of Legal Documents.
The Standing Committee of the National Assembly finds that the provision of this content in the Law on Organization of the National Assembly is based on the requirement that the Law on Organization of the National Assembly must clearly and distinctly define the scope, tasks, and authority of the 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; consistent with the current regulations in the draft Law on Government Organization (amended) and the draft Law on Promulgation of Legal Documents (amended) also considered and approved by the National Assembly at this Session.
Furthermore, the amendment and supplementation of Article 5 aims to specify the requirements for innovation in thinking in law-making work, clearly define the scope of contents that need to be regulated by laws and resolutions of the National Assembly, and provide principles and guidelines on the level of detail that needs to be regulated in the law, as a basis for the implementation of the National Assembly's authority to make and amend laws.
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 Clauses 1 and 2, Article 5 to ensure consistency with Conclusion No. 119-KL/TW of the Politburo and consistency with the draft Law on Promulgation of Legal Documents (amended).
Regarding the Nationalities Council and the National Assembly Committees (Articles 66, 67 and 68a), the majority of National Assembly deputies agreed with the way the Nationalities Council and the National Assembly Committees are regulated as in the draft Law. Some opinions provided specific comments on the name, organizational structure, functions, tasks and powers of the Nationalities Council and the National Assembly Committees.
Based on the opinions of the National Assembly deputies, the National Assembly Standing Committee directed the reception and revision of the regulations on the organizational structure of the National Assembly Council of Nationalities and the National Assembly Committees in Article 67 in the direction that the National Assembly Council of Nationalities and the National Assembly Committees include the Chairman of the National Assembly Council of Nationalities/Chairman of the National Assembly Committee, Vice Chairmen/Vice Chairmen, and members who are National Assembly deputies working full-time at the National Assembly Council of Nationalities and the National Assembly Committees. Received and revised the regulations on the functions, tasks, and powers of the National Assembly Council of Nationalities and the National Assembly Committees in Article 68a.
Comments on the specific tasks and powers of the Council of Nationalities and the Committees of the National Assembly will continue to be studied and absorbed in the process of revising and perfecting the draft Resolution of the National Assembly Standing Committee on the specific tasks, powers and organizational structure of the Council of Nationalities and the Committees of the National Assembly and will be approved immediately after the National Assembly approves the Resolution on the organization of the National Assembly agencies.
Regarding the establishment of Subcommittees of the Ethnic Council, Committees, and the National Assembly Standing Committee, it is recognized that the establishment of Subcommittees to operate regularly or for specific tasks and projects is one of the methods of operation of the Council and Committees, not a rigid organizational structure of the Ethnic Council and Committees of the National Assembly. Based on Conclusion No. 111/KL-TW of the Politburo, the draft Law has institutionalized the components of the organizational structure of the Council and Committees.
The establishment of the Subcommittee will be stipulated in the Resolution of the National Assembly Standing Committee 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 conformity with the way of regulating the agencies of the National Assembly.
Regarding the National Assembly session (Article 90), Chairman Hoang Thanh Tung said that some opinions of National Assembly deputies suggested replacing the phrase "National Assembly meeting" "extraordinary" in Clause 2, Article 90 becomes "the National Assembly holds an extraordinary session" or the National Assembly has a thematic session.
The National Assembly Standing Committee has accepted the above opinions to amend and supplement Clause 2, Article 90 and make technical amendments in Clauses 1 and 3, Article 33, Clause 2, Article 91, Clause 1, Article 92 of the Law on Organization of the National Assembly in the direction of concretizing the provisions on "Extraordinary National Assembly meeting" in Clause 2, Article 83 of the Constitution into "Extraordinary session".
Accordingly, the National Assembly holds regular sessions twice a year. Extraordinary 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, national defense, security and foreign affairs.
At the same time, we will continue to study the numbering of regular and irregular sessions of the National Assembly appropriately to implement uniformity from the next term.
In addition to the above contents, the National Assembly Standing Committee has directed research, review, and maximum absorption of opinions from National Assembly deputies and relevant agencies and organizations to revise both content and legislative techniques.
"After receiving and revising the draft Law, 21 articles have been amended and supplemented (an increase of 4 articles compared to the draft Law submitted to the National Assembly for comments) and 17 articles of the current Law on Organization of the National Assembly have been abolished; ensuring timely institutionalization of the Party's policy on streamlining the apparatus and personnel work, ensuring consistency and unity with the amendments and supplements to the Law on Organization of the Government, the Law on Organization of Local Government and the Law on Promulgation of Legal Documents," said Chairman Hoang Thanh Tung.
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