Chapter IX
SUPERVISION, EXAMINATION, CONTROL AND HANDLING OF UNLAWFUL DOCUMENTS
Article 81.- The National Assembly supervises and handles illegal documents
1. The National Assembly shall exercise the right of supreme supervision over the legal documents of the competent State agencies defined in Chapter II of this law.
2. At the proposal of the Standing Committee of the National Assembly, the State President, the Council on Nationalities, a Commission of the National Assembly, the Government, the Supreme People�s Court, the Supreme People’s Procuracy, the Vietnam Fatherland Front and its member organizations or the National Assembly deputies, the National Assembly shall consider and decide the annulment of part or the whole of a law or resolution of the National Assembly which is contrary to the Constitution, consider and decide the annulment of part or the whole of a legal document of the Standing Committee of the National Assembly, the State President, the Government, the Prime Minister, the Supreme People’s Court and the Supreme People’s Procuracy which is contrary to the Constitution, law and resolutions of the National Assembly.
Article 82.- The Standing Committee of the National Assembly supervises and handles illegal documents
1. The Standing Committee of the National Assembly shall exercise the right of supervision over the legal documents of the State agencies within the scope of its tasks and powers.
2. At the proposal of the State President, the Council on Nationalities, the Government, the Supreme People’s Court, the Supreme People’s Procuracy, the Vietnam Fatherland Front and its member organizations or a National Assembly deputies, the Standing Committee of the National Assembly shall consider and decide the suspension of the implementation of part or the whole of a legal document of the Government, the Prime Minister, the Supreme people’s Court or the Supreme People’s Procuracy which is contrary to the Constitution, laws and resolutions of the National Assembly and submit to the National Assembly for decision the annulment of part or the whole of the document; consider and decide the annulment of a legal document of the Government, the Prime Minister, the Supreme People’s Court or the Supreme People’s Procuracy which is contrary to the ordinances and resolutions of the Standing Committee of the National Assembly; consider and decide the annulment of part of the whole of a wrong resolution of the provincial-level People’s Councils.
Article 83.- The Government examines and handles illegal documents
1. the Government shall examine the legal documents of the Ministries, the ministerial-level agencies, the agencies attached to the Government, the provincial-level People’s Councils and People’s Committees.
2. The Prime Minister shall consider and decide the annulment or suspension of the implementation of a part or the whole of a legal document(s) of the Ministers, the Heads of the Ministerial-level agencies, the Heads of the agencies attached to the Government and the provincial-level People’s Committees which is contrary to the Constitution, laws and legal documents of higher-level State agencies; consider and decide the suspension of the implementation of a part or the whole of a resolution(s) of the provincial-level People’s Councils which is contrary to the Constitution, laws and legal documents of higher-level State agencies, and at the same time proposes the Standing Committee of the National Assembly to annul it.
Article 84.- The Ministers, the Heads of the ministerial-level agencies, the Heads of the agencies attached to the Government shall examine and handle unlawful documents
1. The Ministers, the Heads of the ministerial-level agencies, the Heads of the agencies attached to the Government shall examine the legal documents of the Ministries, the ministerial-level agencies, the Heads of the agencies attached to the Government, the provincial-level People’s Councils and People’s Committees regarding the contents related to the branches and fields under their charge.
2. The Ministers, the Heads of the ministerial-level agencies and the Heads of the agencies attached to the Government managing the branches and fields shall have the right to recommend the Minister, the Head of a ministerial-level agency or the Head of an agency attached to the Government that has issued a legal document contrary to the document(s) concerning the branches and fields under their charge to annul or suspend the implementation of part or the whole of the document; if such recommendation is not accepted, they can submit it to the Prime Minister for decision; to ask the Prime Minister to suspend the implementation of the resolution of a provincial-level People’s Council which is contrary to the legal documents of the National Assembly, the Standing Committee of the National Assembly, the State President, the Government, the Prime Minister or the Ministries, the ministerial-level agencies, the agencies attached to the Government regarding the branches and fields under the charge of the Ministries, the ministerial-level agencies and the agencies attached to the Government; suspend the implementation and propose the Prime Minister to annul the decision or directive of a provincial-level People’s Committee which is contrary to the legal documents regarding the branches and fields under their charge; if the provincial-level People’s Committee does not agree with the decision on the implementation suspension, it still has to carry out the decision but shall be entitled to refer the matter to the Prime Minister.
Article 85.- The People’s Procuracies supervise the observance of laws with respect to legal documents
The People’s Procuracies shall, within the scope of their tasks and powers, supervise the observance of laws with regard to the legal documents of the Ministers, the Heads of the ministerial-level agencies, the Heads of the agencies attached to the Government, the People’s Councils and the People’s Committees in order to ensure that such documents are not contrary to law.
The Head of a State agency shall have to reply to the protest of the People’s Procuracy within fifteen days from the date of receipt of the protest.
Tìm kiếm
Luật Ban hành Văn bản quy phạm pháp luật 1996 (Bản Word)
Luật Ban hành Văn bản quy phạm pháp luật 1996 (Bản Pdf)