VietNamNet Bridge - At the conference collecting opinions on the amended Constitution, organized by the Bar Association on March 13 in Ho Chi Minh City, many experts suggested narrowing the powers of the National Assembly Standing Committee in order to avoid the situation in which the National Assembly is “neutralized.”

 

 

Prof. Dr. Mai Hong Quy, Rector of the Ho Chi Minh City University of Law, a member of the editorial board of the draft amendment to the Constitution, said that most of the opinions agreed that the powers of the National Assembly Standing Committee should be curtailed.

According to Quy, the National Assembly does not work regularly so the National Assembly Standing Committee was set up to resolve the matters arising between the two National Assembly sessions (usually held in May and November) on behalf of the National Assembly. However, if more power is granted for this body, the National Assembly will be neutralized.

"The granting of more power for the National Assembly Standing Committee may lead to the assumption that the National Assembly Standing Committee is the superior body of the National Assembly," Quy said.

Curtailing the powers of the National Assembly Standing Committee is the common trend of Vietnam’s Constitutions. However, the draft amendment to the Constitution 1992 does not reflected that trend but goes in the contrary direction by giving more duties and powers to this body, Quy added.

She said that most of the opinions agreed to revoke the National Assembly Standing Committee’s rights of “issuing orders, interpreting the Constitution, annulling the wrong resolutions of People's Councils of the centrally-governed provinces and cities; disbanding the People’s Council of provinces and cities in case that the Council makes harm to the interests of the people" as being stipulated in Clause 6, and "deciding the establishment, merger, splitting, delimitation of administrative units under the centrally-governed provinces and cities" in Clause 7 of Article 79 of the draft Constitution.

Dr. Vu Van Nhiem, from the HCM City University of Law said that, in order to build a professional National Assembly, it is necessary to increase the ratio of full-time NA deputies and the NA sessions from twice a year to four times a year. When necessary, the NA may hold extraordinary meetings.

Ta Lam