REMOVAL OF NATIONAL ASSEMBLY DEPUTIES FROM OFFICE IN VIETNAM: SITUATION, PROBLEMS AND SOLUTIONS
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Abstract
The removal of National Assembly deputies from office has been recognized early on and throughout the amendments of Vietnam’s Constitution. Currently, the 2013 Constitution regulates that a National Assembly deputy shall be removed from office by voters or the National Assembly once he/she is no longer worthy of the People’s confidence. Despite being an important issue reflecting the direct democratic right of the People in exercising the state’s power, the practical application of laws on the removal of National Assembly deputies from office in Vietnam still demonstrates some limitations and shortcomings, such as all cases of removal from office were conducted by the National Assembly, no removal cases conducted by voters has been recorded; the foundation for the removal of National Assembly deputies from office is predominantly due to the wrongful conduct violating the legal regulations and standards of the National Assembly deputies themselves. This article aims to analyze the limitations and problems in legal provisions and evaluate the practical situation of the removal of NA deputies from office in Vietnam; on such a basis, the authors recommend a number of solutions to improve.
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References
Anne Twomey, ‘The Recall of Members of Parliament and Citizens’ Initiated Elections’ (2011) 34 UNSW Law Journal 43.
Dao Tri Uc, Vu Cong Giao, Direct Democracy - International IDEA Handbook, (Hanoi National University: Hanoi, 2014) 117.
Dinh Thanh Phuong, ‘Finalize the legal system ensuring the direct democracy rights of the People’ (2015) 6 (286) Legal Research Magazine.
Institute of Legal Studies - Ministry of Justice, Legal terminology, (Judicial Publishing House: Hanoi, 2006) 20.
Michael C. Jensen, William H. Meckling, ‘Theory of the firm: Managerial behavior, agency costs and ownership structure’ (1976), Journal of Financial Economics, Volume 3, Issue 4, https://doi.org/10.1016/0304-405X(76)90026-X.
Nguyen Nhu Y, Vietnamese Dictionary, (Culture - Information Publisher: Ho Chi Minh City, 1998), 1646.
Nguyen Xuan Dien, Let the voters remove NA deputies from office is unworthy, Electronic Newspaper of People Deputies, 08 October 2016 (20 February 2023), available at https://daibieunhandan.vn/de-cu-tri-bai-nhiem-dai-bieu-khong-xung-dang-379477.
Thanh Chung, Removal from office of NA deputy, approve the dismissal of Mr. Nguyen Thanh Long as a Minister, Tuoitre online, 07 June 2022 (02 February 2023), available at https://tuoitre.vn/bai-nhiem-dai-bieu-quoc-hoi-phe-chuan-cach-chuc-bo-truong-voi-ong-nguyen-thanh-long-20220607113421516.htm.
Thanh Nam, Beyond Ms. Chau Thi Thu Nga, who were arrested during their office term as an NA deputy?, Infonet, 08 January 2015 (01 February 2023), available at https://infonet.vietnamnet.vn/thoi-su/ngoai-ba-chau-thi-thu-nga-ai-tung-bi-bat-khi-dang-la-dbqh-215398.html.
V.V. Thanh, The National Assembly removed Ms. Dang Thi Hoang Yen from the office as an NA deputy, Tuoitre online, 26 May 2012 (01 February 2023), available at https://tuoitre.vn/quoc-hoi-bai-nhiem-dai-bieu-dang-thi-hoang-yen-493635.htm.
Viginia Beramandi, Andru Elis, Direct Democracy - International IDEA Handbook (2014).