National Assembly of Vietnam

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The constitution recognizes the National Assembly of Vietnam (Vietnamese: Quốc hội Việt Nam) as “the highest organ of state power.” The National Assembly, a 498-member unicameral body elected to a five-year term, meets twice a year. The assembly appoints the president (chief of state), the prime minister (head of government), chief procurators of the Supreme People’s Court and the Supreme People’s Office of Supervision and Control (the heads of the judiciary), and the 21-member cabinet (the executive). Ultimately, however, the Vietnamese Communist Party (VCP) has great influence over the executive and exercises control through the 150-member Central Committee, which elects the 15-member Politburo at national party congresses held every five years. Members of the party hold all senior government positions.

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 Council of State, the Council of Ministers, the People's Councils and People's Committees, the Supreme People's Court, and the Supreme People's Organs of Control. The assembly can elect and remove members of the Council of Ministers, the chief justice of the Supreme People's Court, and the procurator general of the People's Supreme Organ of Control. Finally, it has the power to initiate or conclude wars and to assume other duties and powers it deems necessary. The term of each session of the National Assembly is five years, and meetings are convened twice a year, or more frequently if called for by the Council of State.

Despite its many formal duties, the National Assembly exists mainly as a legislative arm of the VCP's Political Bureau. It converts Political Bureau resolutions into laws and decrees and mobilizes popular support for them. In this role, the National Assembly is led by the Council of Ministers acting through the Council of State and a variable number of special-purpose committees. Actual debate on legislation does not occur. Instead, a bill originates in the Council of Ministers, which registers the bill and assigns a key party member to present it on the floor. Before presentation, the member will have received detailed instructions from the party caucus in the assembly, which has held study sessions regarding the proposed legislation. Once the legislation is presented, members vote according to party guidelines.

A general national election to choose National Assembly delegates is held every five years. The first election following the reunification of the North and South was held in April 1976 and the voters selected 492 members, of which 243 represented the South and 249 the North. In 1987 the Eighth National Assembly numbered 496 members. Because successful candidates were chosen in advance, the electoral process was not genuine. No one could run for office unless approved by the 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 Eleventh National Assembly (2002-2007) numbers 498 members.

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