Chương I Luật hoạt động giám sát của Quốc hội và Hội đồng nhân dân 2015: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Law deals with supervisory activities of the National Assembly, Standing Committee of the National Assembly, the Nationality Council, Committees of National Assembly, National Assembly delegations, National Assembly deputies and People’s Councils, Standing Board of People’s Council, Committees of People’s Councils, groups of People’s Council deputies, People’s Council deputies; responsibilities of agencies, organizations, and individuals under supervisory activities of supervisory agencies, organizations, and individuals.

Article 2. Interpretation of terms

For the purposes of this Law, these terms below shall be construed as follows:

1. Supervision means that the supervisors oversee, consider and evaluate activities of the agencies, organizations and individuals that are under the supervision (hereinafter referred to as supervisees) in the adherence to the Constitution, laws within their tasks and powers, taking actions to the best of their competence or as request of the competent authorities.

2.  Supervisors include the National Assembly, Standing Committee of the National Assembly, the Nationality Council, Committees of National Assembly, National Assembly delegations, National Assembly deputies and People’s Councils, Standing Board of People’s Council, Committees of People’s Councils, groups of People’s Council deputies, and People’s Council deputies.

3. Supreme supervision means that the National Assembly oversees, considers and evaluates activities of the supervisees in the adherence to the Constitution, laws and resolutions of the National Assembly and taking actions to the best of their competence or as request of the competent authorities. The supreme supervision shall be carried out at the National Assembly’s sessions.

4. Specialized supervision means that the supervisors oversee, consider and evaluate activities of their supervisees in the adherence to the Constitution and laws.

5. Supervisory activities of the National Assembly includes supreme supervisory activities of the National Assembly, supervisory activities of Standing Committee of the National Assembly, the Nationality Council, Committees of National Assembly, National Assembly delegations and National Assembly deputies.

6. Supervisory activities of the People’s Council includes supervisory activities of People’s Council at sessions, supervisory activities of Standing Board of People’s Council, Committees of People’s Councils, groups of People’s Council deputies and People’s Council deputies.

7. Interpellation means a supervisory activity in which National Assembly deputies raise questions on matters falling within the responsibilities of the State President, the National Assembly chairperson, the Prime Minister, the Ministers or other members of the Government, the Chief Justice of the Supreme People's Court or the Chief Procurator of the Supreme People’s Procuracy, the State Auditor General; or People’s Council deputies raise questions on matters falling within the responsibilities of the President of the People’s Committee, other members of People’s Committee, Chief Justice of People’s Court, Chief Procurator of the People’s Procuracy, Heads of the People’s Committee at the same administrative levels and request them to answer about their responsibility for the issues concerned.

8. Explanation means that a relevant agency or individual provides explanation and specifies their responsibility in their performance of tasks and powers assigned by their supervisor(s) prescribed in this Law.

Article 3. Rules of supervisory activities

1. Comply with Constitution and laws.

2. Ensure the objectivity, transparency and effectiveness.

3. Avoid obstructing normal operation of the supervisees.

Article 4. Supervisory competence of the National Assembly

1. Supervisory competence of the National Assembly, Standing Committee of the National Assembly, the Nationality Council, Committees of National Assembly, the National Assembly delegations and National Assembly deputies are prescribed as follows:

a) The National Assembly shall exercise supreme supervision pertaining to the adherence to the Constitution, laws and resolutions of the National Assembly; exercise supreme supervision pertaining to operation of the State President, the National Assembly Standing Committee, the Government, the Prime Minister, the Ministers and other members of the Government, the Supreme People's Court and the Supreme People's Procuracy, National Election Commission, State Audit Agency and other authorities established by the National Assembly; exercise supreme supervision pertaining to legislative documents of the State President, the National Assembly Standing Committee, the Government, the Prime Minister, the Supreme People's Court and the Supreme People's Procuracy; the Council of Judges of the Supreme People’s Court, Chief Justice of the Supreme People’s Court, the Chief Procurator of the Supreme People’s Procuracy, the State Auditor General; exercise supreme supervision pertaining to joint resolutions jointly issued by Standing Committee of the National Assembly or the Government and the Presidium of Central Committee of Vietnamese Fatherland Front, joint circulars jointly issued by Chief Justice of the Supreme People’s Court and the Chief Procurator of the Supreme People’s Procuracy, joint circulars jointly issued by Minister or Head of ministerial-level agency and the Chief Justice of the Supreme People’s Court or the Chief Procurator of the Supreme People’s Procuracy;

b) The Standing Committee of National Assembly shall supervise the implementation of the Constitution, laws and resolutions of the National Assembly, Ordinances and resolutions of the Standing Committee of the National Assembly; supervise the operation of the Government, the Supreme People’s Court, the Supreme People’s Procuracy, State Audit Agency and other authorities established by the National Assembly and People’s Councils of provinces; supervise legislative documents of the Government, the Prime Minister, the Council of Justices of the Supreme People’s Court, the Chief Justice of the Supreme People's Court, the Chief Procurator of the Supreme People’s Procuracy, and the State Auditor General; supervise joint resolutions issued by the Government and the Presidium of Central Committee of Vietnamese Fatherland Front, joint circulars issued by the Chief Justice of the Supreme People’s Court and the Chief Procurator of the Supreme People’s Procuracy, joint circulars issued by Ministers or Heads of ministerial-level agencies and the Chief Justice of the Supreme People's Court or the Chief Procurator of the Supreme People’s Procuracy, resolutions of People’s Councils of provinces; and assist the National Assembly to exercise their supreme supervision;

c) The Nationality Council and Committees of National Assembly, within their tasks and entitlement, supervise the implementation of the Constitution, laws and resolutions of the National Assembly, Ordinances and resolutions of the Standing Committee of the National Assembly; supervise the operation of the Government, Ministries, ministerial-level agencies, the Council of Justices of the Supreme People’s Court, the Chief Justice of the Supreme People’s Court, the Chief Procurator of the Supreme People’s Procuracy, the State Auditor General; supervise joint resolutions issued by the Government and the Presidium of Central Committee of Vietnamese Fatherland Front, joint circulars issued by the Chief Justice of the Supreme People’s Court and the Chief Procurator of the Supreme People’s Procuracy, joint circulars issued by Ministers or Heads of ministerial-level agencies and the Chief Justice of the Supreme People’s Court or the Chief Procurator of the Supreme People’s Procuracy in the fields that are in charge by the Nationality Council or the Committee of National Assembly; and assist the National Assembly and The Standing Committee of National Assembly to exercise their supervision.

d) National Assembly delegations shall exercise their supervisory activities and arrange for the National Assembly deputies in the Associations to exercise supervision in the local governments; or supervision delegations of National Assembly, the Standing Committee of the National Assembly, the Nationality Council, or Committees of National Assembly in the local governments;

dd) National Assembly deputies shall interpellate the State President, the National Assembly chairperson, the Prime Minister, the Minister and other members of the Government, the Chief Justice of the Supreme People's Court and the Chief Procurator of the Supreme People's Procuracy, or the State Auditor General; within the scope of their tasks and powers, supervise legislative documents, supervise the law implementation, and supervise settlement of complaints, denunciations or petitions (hereinafter referred to as complaints) lodged by citizens; participate in supervision groups of National Assembly, the Standing Committee of the National Assembly, the Nationality Council, or Committees of National Assembly in the ministries or local governments as request.

2. When deeming it necessary, the National Assembly, the Standing Committee of the National Assembly, the Nationality Council and the Committees of National Assembly shall supervise activities of other agencies, organizations and individuals.

Article 5. Supervisory competence of the People’s Council

1. Supervisory competence of People’s Council, Standing Board of People’s Council, Committees of People’s Councils, groups of People’s Council deputies and People’s Council deputies shall be prescribed as follows:

a) Each People’s Council shall supervise the adherence to Constitution, Laws of the local government and the implementation of resolutions of People’s Councils at the same administrative level; supervise the operation of the Standing Board of the People’s Council, the People’s Committee, the People’s Court, the People’s Procuracy, civil enforcement agency at the same administrative level and the Board of People’s Council at the same administrative level; and supervise Decisions of the People’s Committee at the same administrative level and resolutions of the inferior People’s Council;

b) Each Standing Board of People’s Council shall supervise the adherence to Constitution, Laws of the local government and the implementation of resolutions of People’s Council at the same administrative level; supervise the operation of the People’s Committee, agencies of the People’s Committee, the People’s Court, the People’s Procuracy, civil enforcement agency at the same and inferior administrative level; and supervise Decisions of the People’s Committee at the same administrative level and resolutions of the inferior People’s Council; assist the People’s Council to exercise their supervision;

c) Each Board of People’s Council shall supervise the operation of the People’s Court, the People’s Procuracy, civil enforcement agency at the same and inferior administrative level; and supervise the operation of the People’s Committee, agencies affiliated to the People’s Committee at the same administrative level; and supervise legislative documents in charge;

d) Each group of People’s Council deputies shall supervise the adherence to Constitution, Laws and legislative documents by superior regulatory agencies in the local government and resolutions of the People’s Council at the same administrative level or other issues assigned by the People’s Council and/or the Standing Board of the People’s Council;

dd) People’s Council deputies shall interpellate the President of the People’s Committee, other members of the People’s Committee, the Chief Justice of the People’s Court, the Chief Procurator of the People’s Procuracy, and the Heads of agencies affiliated to the People’s Committee at the same administrative level; within their tasks and powers, supervise the adherence to the Constitution and law; supervise settlement of complaints lodged by citizens in the administrative division.

2. When deeming it necessary, a People’s Council, the Standing Board of the People's Council or a Board of the People’s Council shall supervise activities of other agencies, organizations and individuals in the administrative division.

Article 6. Responsibilities of supervisors

1. The National Assembly shall report its supreme supervision to electors nationwide by means of mass media and conference of electors of National Assembly deputies.

2. The Standing Committee of National Assembly must take responsibility and send reports on their supervisory activities to the National Assembly.

3. The Nationality Council and Committees of National Assembly shall take responsibility and send reports on their supervisory activities to the National Assembly and the Standing Committee of the National Assembly.

4. The National Assembly delegations shall take responsibility and send reports on their supervisory activities to the National Assembly and the Standing Committee of the National Assembly.

5. Each National Assembly deputy shall take responsibility and send reports on his/her supervisory activities to electors The National Assembly shall report its supreme supervision to electors nationwide by means of mass media and conference of electors of National Assembly deputies.

6. Each People’s Council shall report its supervisory activities to electors in the administrative division by means of mass media and conference of electors of People’s Council deputies.

7. Each Standing Board of the People’s Council must take responsibility and send reports on their supervisory activities to the People’s Council.

8. Each Board of the People’s Council shall take responsibility and send reports on their supervisory activities to the People’s Council and/or the Standing Board of the People’s Council.

9. Each group of People’s Council deputies shall take responsibility and send reports on its supervisory activities and supervisory activities undertaken by each People’s Council deputy in the Group to the Standing Board of the People’s Council.

10. Each People’s Council deputy shall take responsibility and send reports on his/her supervisory activities to electors via conference of electors of People’s Council deputies.

11. All supervisors prescribed in this Article shall take responsibility for their supervisory reports, resolutions, conclusions and requests.

Article 7. Responsibilities of supervisees

1. Each supervisee must completely comply with the plan and request of supervision made by its supervisor; provide information about its tasks, excluding information mentioned in the list of state’s confidential information as prescribed in law on protection of state's confidential information that the supervisor is not entitled to access that kind of information; send reports truthfully, objectively, sufficiently and promptly at the request of the agency or individual having supervisory competence; strictly comply with resolutions on supervisory activities of the National Assembly, the Standing Committee of the National Assembly, the People’s Council; implement conclusions and requests of the Nationality Council, Committees of National Assembly, the National Assembly delegations, National Assembly deputies, the Standing Board of the People’s Council, the Board of People’s Council, the group of People’s Council deputies and People’s Council deputies.

2. The Government, the Prime Minister, the Supreme People’s Court, the Chief Procurator of the Supreme People’s Procuracy, the State Auditor General, Ministers, and Heads of ministerial-level agencies must send each promulgated legislative document to the Standing Committee of the National Assembly, the Nationality Council and relevant Committees of National Assembly within 3 days from the day on which it is signed.

Each People’s Council of province shall send each promulgated Resolution to The Standing Committee of National Assembly within 3 days from the day on which it is signed.

Each People’s Council of district shall send each promulgated Resolution to the Standing Board of the People’s Council of province within 3 days from the day on which it is signed.

Each People’s Council of commune shall send each promulgated Resolution to the Standing Board of the People’s Council of district within 3 days from the day on which it is signed.

Each People’s Committee must send each promulgated Decision to the Standing Board of the People’s Council or a Board of People’s Council at the same administrative level within 3 days from the day on which it is signed.

3. An individual or the head of each supervisee must present report directly required by the supervisor; if he/she may not present the report directly, he/she may authorize his/her deputy to deliver it.

4. If a supervisee obstructs or fails to comply with a resolution, conclusion or request of its supervisor, the supervisor shall request the competent authority to take actions against such supervisee. The supervisor shall, depending on nature and severity of the violation, request the competent authority to take actions against the head of that supervisee and relevant persons.

Article 8. Rights of supervisees

1. Receiving notifications in advance of the supervision plans and contents or contents requested for report and answers of issues related to supervisory activities.

2. Provide explanation and protect the proper observance in their policy implementation regarding the resolution, conclusion or request of the supervisor.

3. Request the supervisor to reconsider their supervisory conclusion, request or proposal related to its operations; in case of disagreeing the supervisory request or proposal, propose by themselves or report to the head of a competent authority to request the National Assembly, the Standing Committee of the National Assembly, the People’s Council or the Standing Board of the People’s Council to consider such request or proposal.

Article 9. Participation of agencies, organizations and individuals in supervision

1. Each Committee of Vietnamese Fatherland Front and members of the Vietnamese Fatherland Front may be invited to participate in supervisory activities.

2. Relevant agencies, organizations, and individuals must participate in supervisory activities upon the request of the supervisors.

Article 10. Effect of supervision

1. The supervisory activities of the National Assembly and the People’s Councils are supervisory activities of organs of state power.

2. The supervision effect of the National Assembly is guaranteed by the supreme supervision effect of the National Assembly, supervision effect of the Standing Committee of the National Assembly, the Nationality Council, Committees of National Assembly, the National Assembly delegations and National Assembly deputies.

3. The supervision effect of each People’s Council is guaranteed by the supervision effect at the People's Council’s sessions, supervisory activities of Standing Board of People’s Council, Committees of People’s Councils, groups of People’s Council deputies and People’s Council deputies.