Resolution 719/2014/NQ-UBTVQH13 guiding the implementation of Resolution 64/2013/QH13 providing for the implementation of the Constitution of Vietnam issued by the National Assembly Standing Committee

RESOLUTION

GUIDING THE IMPLEMENTATION OF CLAUSE 2, ARTICLE 2 OF THE NATIONAL ASSEMBLY’S RESOLUTION NO. 64/2013/QH13 DATED NOVEMBER 28, 2013, ON THE IMPLEMENTATION OF THE CONSTITUTION OF THE SOCIALIST REPUBLIC OF VIETNAM

THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to the Constitution of the Socialist Republic of Vietnam;

Pursuant to the National Assembly’ s Resolution No. 64/2013/QH13 dated November 28, 2013, on the implementation of the Constitution of the Socialist Republic of Vietnam;

At the proposal of the Legal Affair Committee in Report No. 2203/TTr- UBPL13 dated December 31, 2013,

RESOLVES:

Article 1.Scope of regulation

1. All provisions of the Constitution of the Socialist Republic of Vietnam are executed from effective date of the Constitution.

2. State agencies shall perform their functions and tasks and exercise their powers defined in the Constitution. In case the competence to settle an affair currently settled by a state agency according to the 1992 Constitution is now transfered to another state agency according to the Constitution of the Socialist Republic of Vietnam, the transfer of competence is conducted in accordance with Clause 2, Article 2 of the National Assembly’s Resolution No. 64/2013/QH13 dated November 28, 2013, on the implementation of the Constitution of the Socialist Republic of Vietnam, and the guide in this Resolution.

Article 2.Ratification of, decision on the accession to, or invalidation of treaties

1. The State President shall propose the National Assembly to ratify, decide on the accession to, or invalidate, treaties specified in Clause 14, Article 70 of the Constitution of the Socialist Republic of Vietnam.

2. The Government shall propose the President to decide on the negotiation and conclusion of treaties; propose the State President to ratify, decide on the accession to, or invalidate, treaties specified in Clause 6, Article 88 of the Constitution of the Socialist Republic of Vietnam.

3. The order of and procedures for the Government to propose the State President to decide on the negotiation and conclusion of treaties and to ratify, or decide on the accession to, or invalidate, treaties shall comply with the Law on the Conclusion of, Accession to, and Implementation of Treaties.

4. The State President may, by himself/herself or at the Government’s request, authorize in writing the Government to organize negotiation and conclusion of treaties in the name of the State.

Article 3.Appointment or relief from duty of ambassadors extraordinary and plenipotentiary of the Socialist Republic of Vietnam

1. The Prime Minister shall submit to the Standing Committee of the National Assembly for approval of proposals on the appointment or relief from duty of ambassadors extraordinary and plenipotentiary of the Socialist Republic of Vietnam.

2. The Committee for Foreign Relations of the National Assembly shall verify reports, made by the Prime Minister to submit to the Standing Committee of the National Assembly, for the approval of proposals on appointment or relief from duty of ambassadors extraordinary and plenipotentiary of the Socialist Republic of Vietnam.

3. Based on reports of the Prime Minister and verification opinions of the Committee for Foreign Relations, the Standing Committee of the National Assembly shall discuss and issue resolutions approving the proposals on appointment or relief from duty of ambassadors extraordinary and plenipotentiary of the Socialist Republic of Vietnam.

4. Based on resolutions of the Standing Committee of the National Assembly, the State President shall appoint or relieve from duty ambassadors extraordinary and plenipotentiary of the Socialist Republic of Vietnam.

Article 4. Approval for titles of Vice Chairpersons and Members of the Ethnic Council, Vice Chairpersons and Members of the Committees of the National Assembly

1. The Chairperson of the Ethnic Council shall propose the Standing Committee of the National Assembly to approve titles of Vice Chairpersons and Members of the Ethnic Council; the Chairpersons of Committees of the National Assembly shall propose the Standing Committee of the National Assembly to approve tittles of Vice Chairpersons and Members of the National Assembly’s Committees.

2. The Standing Committee of the National Assembly shall discuss and issue resolutions on approval for titles of Vice Chairpersons and Members of the Ethnic Council; and Vice Chairpersons and Members of the National Assembly’s Committees.

Article 5.Award, promotion, demotion or deprivation of ranks of general, naval rear admiral, naval vice admiral and naval admiral; appointment, relief from duty or dismissal of Chief of the General Staff or Director of the Political General Department of Vietnamese People’s Army

1. The State President shall decide the award, promotion, demotion or deprivation of the ranks of general, naval rear admiral, naval vice admiral and naval admiral.

2. The order of and procedures for appointment, relief from duty or dismissal of Chief of the General Staff or Director of the Political General Department of Vietnamese People’s Army shall comply with current regulations.

Article 6.Appointment, relief from duty or dismissal of Judges of People’s Courts

1. Judges of the Supreme People’s Court, Judges of the Military Court and Judges of other Courts who have been appointed before January 01, 2014, shall continuously perform their tasks till the end of their terms of office, unless otherwise provided by new laws.

2. From January 01, 2014, the appointment, relief from duty or dismissal of Judges of the Supreme People’s Court is provided as follows:

a) The Chief Justice of the Supreme People’s Court shall submit the National Assembly for approval of the appointment, relief from duty or dismissal of Judges of the Supreme People’s Court at the proposal of the Selection Council of Judges of the Supreme People’s Court;

b) The Justice Committee of the National Assembly shall verify reports on proposals for approving the appointment, relief from duty or dismissal of Judges of the Supreme People’s Court submitted to the National Assembly;

c) The National Assembly shall discuss and promulgate resolutions approving proposals for the appointment, relief from duty or dismissal of Judges of the Supreme People’s Court;

d) Pursuant to resolutions of the National Assembly, the President shall appoint, relieve from duty or dismiss Judges of the Supreme People’s Court.

3. The Chief Justice of the Supreme People’s Court shall propose the State President to appoint, relieve from duty or dismiss Judges of other Courts at the proposal of the Selection Councils of Judges of the People’s Court and the Military Court.

Article 7. The establishment, dissolution, consolidation, separation, or adjustment of boundaries of administrative units

1. The Government shall propose the Standing Committee of the National Assembly to decide the establishment, dissolution, consolidation, separation, or adjustment of boundaries of the administrative units under the provinces or centrally-affiliated cities.

2. The Legal Affair Committee of the National Assembly shall verify the Government’s schemes on establishment, dissolution, consolidation, separation, or adjustment of boundaries of the administrative units under the provinces or centrally-affiliated cities.

3. The Standing Committee of the National Assembly shall discuss and issue resolutions on the establishment, dissolution, consolidation, separation, or adjustment of boundaries of the administrative units under the provinces or centrally-affiliated cities.

4. Public consultation on the establishment, dissolution, consolidation, separation, or adjustment of boundaries of administrative units is required and must be implemented according to the current order and procedures.

Article 8. Effect

This Resolution takes effect on the date of its signing.

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