The National Assembly of the Socialist Republic of Vietnam (N.A.; Vietnamese: Quốc hội nước Cộng hoà xã hội chủ nghĩa Việt Nam) is the unicameral supreme state organ of power of Vietnam. The National Assembly is the only branch of government in Vietnam and, in accordance with the principle of unified power, all state organs are subservient to it.
The National Assembly is a 500-delegate unicameral body elected to a five-year term. It normally sits twice a year, or more frequently if called for by the National Assembly Standing Committee.
The assembly appoints the president (head of state), the prime minister (head of government), the chief justice of the Supreme People's Court of Vietnam, the head of the Supreme People's Procuracy of Vietnam, and the 21-member cabinet.
Constitutionally, the National Assembly is the highest government organization and the highest-level representative body of the people. It has the power to draw up, adopt, and amend the constitution and to make and amend laws. It also has the responsibility to legislate and implement state plans and budgets. Through its constitution-making powers it defines its own role and the roles of the Vietnamese State President, the Vietnamese Government, the local people's councils and people's committees, the Supreme People's Court, and the Supreme People's Procuracy. The assembly can replace and remove government ministers, the chief justice of the Supreme People's Court, and the procurator general of the Supreme People's Procuracy. Finally, it has the de jure power to initiate or conclude wars and to assume other duties and powers it deems necessary.
In practice, like its counterparts in other communist states, the National Assembly has been characterized as a rubber stamp body of the Communist Party of Vietnam (CPV) or only being able to affect issues of low sensitivity to the regime. The CPV controls nomination and election processes at every level. The CPV has great influence over the executive and exercises control through the 150-member Central Committee, which elects the 19-member Politburo at national party congresses held every five years. All senior government positions are held by members of the party. While vested with great lawmaking and oversight powers on paper, in practice the National Assembly does little more than ratify decisions already made by the CPV and its Politburo and only opposes the party on rare occasions, such as a rejection of a high speed rail between Hanoi and Ho Chi Minh City in 2010.
Contents
History of the National Assembly of Vietnam
Origins
The precursor of the current National Assembly of Vietnam was the National Representatives' Congress (Đại hội đại biểu quốc dân), convened on August 16, 1945, in the northern province of Tuyên Quang. This Congress supported Viet Minh's nationwide general uprising policy against Japanese and French forces in Vietnam. It also appointed the National Liberation Committee (Uỷ ban dân tộc giải phóng) as a provisional government.
The First National Assembly (1946–1960)
After a series of events which was later called collectively the "August Revolution", Viet Minh seized the power all over the country, and the Democratic Republic of Vietnam (Việt Nam dân chủ cộng hoà) was declared by Hồ Chí Minh in Hanoi on September 2, 1945. On January 6, 1946, the first general election ever in Vietnam was held all over the country in which all people 18 years old or older were eligible to vote.
The first session of the First National Assembly (Quốc hội khoá I) took place on March 2, 1946 with nearly 300 deputies in the Hanoi Opera House. Nguyễn Văn Tố was appointed as the Chairman of the National Assembly's Standing Committee. The First National Assembly approved Hồ Chí Minh as the head of government and his cabinet, and the former Emperor Bảo Đại as "the Supreme Advisor". The second session, Bùi Bằng Đoàn was appointed to be the Chairman of the National Assembly's Standing Committee. Tôn Đức Thắng was Acting Chairman from 1948, and from 1955, when Đoàn died, he was Chairman of the Standing Committee.
The first and second Constitutions of the Democratic Republic of Vietnam were passed by this National Assembly in 1946 and 1959, respectively.
The term of the First National Assembly was prolonged (14 years) due to the war situation in Vietnam, particularly the partition of Vietnam according to the Geneva Accords of 1954. From 1954 to 1976, the National Assembly's activities were only effective in North Vietnam.
Divided Vietnam (1954–1976)
The Second National Assembly (1960–1964)
Because the State of Vietnam claimed that it did not sign the Geneva Accords and doubted about the possibility of free elections in the North in July 1955, a nationwide general election for reunification could not be organized. The Second National Assembly was formed by 362 elected deputies of the North and 91 deputies of the South from the First National Assembly who continued their term. Trường Chinh was appointed as the Chairman of the National Assembly's Standing Committee and held this position until 1981.
The Third National Assembly (1964–1971)
The Third National Assembly consisted of 366 elected deputies from the North and 87 deputies continuing their term. The Third National Assembly's term was prolonged due to the war situation. President Hồ Chí Minh died during the Third National Assembly's term, and was succeeded by Tôn Đức Thắng.
The Fourth National Assembly (1971–1975)
Four hundred and twenty deputies were elected for the Fourth National Assembly. During the fourth term, North Vietnam signed the Paris Peace Accords, recognizing the Republic of Vietnam in South Vietnam.
The Fifth National Assembly (1975–1976)
The Fifth National Assembly consisted of 424 elected deputies. The fifth term was the shortest National Assembly's term as it was shortened to organize the nationwide general election after the re-unification of Vietnam.
The predecessor of the Republic of Vietnam was the State of Vietnam (1949–55), which had no parliament but only a National Advisory Council of 45 people appointed by the Chief of State. Due to war conditions, the state could not hold parliamentary elections but could only hold municipal elections in January 1953. After the Republic of Vietnam was formed in 1955, it organized parliamentary elections on 4 March 1956, leading to the establishment of its own parliament and constitution on 26 October that year. It initially had a unicameral parliament. After the new constitution was passed in 1967, it had two parliamentary chambers: the Senate (Thượng-nghị-viện, literally Upper Parliament) and the House of Representatives (Hạ-nghị-viện, literally Lower Parliament).
Since 1976
The Sixth National Assembly (1976–1981)
Following a consultative conference between North and South Vietnam for their reunification in November 1975, a general parliament election took place on April 25 of the following year. The voters selected 492 members, of which 243 represented the South and 249 the North. In this term, the National Assembly adopted the name "the Socialist Republic of Vietnam" (Cộng hoà xã hội chủ nghĩa Việt Nam) for the re-unified country on 2 July 1976, merged corresponding organizations between the Government of North Vietnam and South Vietnam, and renamed Saigon as Ho Chi Minh City. It also approved the new Constitution in 1980.
The "sixth" numbering indicates that it is the constitutional continuation of the National Assembly of the Democratic Republic of Vietnam in the North.
The Seventh National Assembly (1981–1987)
The Seventh National Assembly and its 496 members witnessed the end of the Vietnamese centralized and heavily planned economy and the CPV's launch of the Renewal Policy (Đổi mới) to adopt market economy. Trường Chinh was elected as Chairman of the State Council and Nguyễn Hữu Thọ was elected as Chairman of the National Assembly.
The Eighth National Assembly (1987–1992)
In previous elections, because successful candidates were chosen in advance, the electoral process was not genuine. No one could run for office unless approved by the Communist Party, and in many cases the local body of the party simply appointed the candidates. Nevertheless, every citizen had a duty to vote, and, although the balloting was secret, the electorate, through electoral study sessions, received directives from the party concerning who should be elected. The elections in 1987, however, were comparatively open by Vietnamese standards. It was evident that the party was tolerating a wider choice in candidates and more debate.
The 1987 election chose 496 deputies for the Eighth National Assembly. In this term, the National Assembly approved the 1992 Constitution, in which the citizen's personal ownership of properties in business was guaranteed. Lê Quang Đạo was appointed to be the National Assembly's Chairman.
Structure and organization
Standing Committee (Ủy ban Thường vụ): This is the standing and executive body of the National Assembly, including the Chairman/Chairwoman, Deputy Chairmen/Chairwomen, and other standing members. The number of the Standing Committee's members is decided by the National Assembly, these members must not concurrently hold a position in the cabinet. The Standing Committee of previous term shall continue their duties until the newly elected National Assembly establishes its new Standing Committee.
The Standing Committee's constitutional duties include:
(1) preparing, convening, and chairing the National Assembly's sessions;
(2) explaining/interpreting the Constitution, laws, acts, and ordinances;
(3) promulgating ordinances at the National Assembly's request;
(4) supervising the implementation of the Constitution and laws, and the activities of the Government, the Supreme People's Court, and the Supreme People's Procuracy;
(5) supervising and guiding the activities of provincial people's councils (local legislative bodies);
(6) directing and co-ordinating the activities of the National Assembly's Ethnic Council and other committees, providing guidance and guaranteeing the deputies' working conditions;
(7) approving the cabinet's personnel affairs in between the National Assembly's sessions and making reports to the National Assembly in the next session;
(8) declaring wars if necessary in between the National Assembly's sessions and making reports to the National Assembly in the next session;
Latest election
In the 2021 national election, the Communist Party of Vietnam won 486 seats, while non-partisan (independent) candidates (still affiliated with the Communist Party) won the remaining 14.
However one elected delegate was disciplined and released from his duties due to legal offenses. Therefore, the current National Assembly of Vietnam consists of 499 delegates instead of 500 delegates.