English - CEDAW Southeast Asia

A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of CEDAW
The Standing Committee is the permanent body of the National Assembly. 24 It is composed
of the National Assembly Chairperson as its head, the Vice Chairpersons of the National
Assembly as its deputy heads, and other members. 25 The members of the Standing Committee
must work full-time, and they must not be concurrently a member of the Government. 26 The
Standing Committee has, among others, tasks and powers to: (a) prepare and convene
National Assembly sessions; (b) interpret the Constitution, law and ordinances; (c) enact ordinances
on matters entrusted to it by the National Assembly; (d) exercise supervision and control
over the implementation of the Constitution, laws and resolutions of the National Assembly
and resolutions of the Standing Committee; (e) supervise the activities of the Government, SPC
and SPP, including to suspend their formal written documents that contravene the Constitution
and laws and resolutions of the National Assembly, and to submit such to the National
Assembly for abrogation; and (f) supervise activities of the People’s Councils, annul its resolutions
where required, and disband them when they cause serious harm. 27
The National Assembly sets up a Council of Ethnic Minorities and other committees to
assist it in its work. The Council of Ethnic Minorities is specifically provided for in the
28
Constitution and is tasked to: (a) make proposals on issues concerning nationalities; and (b)
supervise the implementation of policies on nationalities and execution of programmes and
plans for socio-economic development of the highlands and regions inhabited by national
minorities. The other committees of the National Assembly are the: (a) Law Committee; (b)
29
Judicial Committee; (c) Economic Committee; (d) Finance and Budgetary Committee; (e)
Defense and Security Committee; (f) Committee for Culture, Education, Youth and Children; (g)
Committee for Social Affairs; (h) Committee for Science, Technology and Environment; and (i)
External Relations Committee. 30
II.1.2 THE STATE PRESIDENT
The State President is the Head of State, is elected by the National Assembly and is responsible
to it. 31 The State President promulgates the Constitution, laws and decree-laws, and has
overall command of the armed forces. 32 The State President can, based on resolutions of the
National Assembly, appoint or dismiss Deputy Prime Ministers, Ministers and other members
of the Government, and propose to the National Assembly to elect, release from duty or
remove from office the Vice President, Prime Minister, Chief Justice of the SPC and Director-
General of the SPP. 33 The State President has the power to appoint and recall Viet Nam’s
ambassadors, accept foreign ambassadors, negotiate and conclude international agreements
in the name of the State and to submit international agreements for ratification or decision when
required. 34
39
24
Constitution, Article 90; Law on National Assembly Organization, Article 6
25
Constitution, Article 90; Law on National Assembly Organization, Article 6
26
Constitution, Article 90; Law on National Assembly Organization, Article 6
27
Constitution Article 91, Law on National Assembly Organization, Article 7
28
Constitution, Articles 94 and 95
29
Ibid., Article 94; Law on National Assembly Organization, Article 26
30
Law on National Assembly Organization, Article 22
31
Constitution, Article 101
32
Ibid., Articles 103(1) and 103(2)
33
Ibid., Article 103(3)
34
Ibid., Article 103(10)
The political and legal framework of Viet Nam