Chương II Luật hoạt động giám sát của Quốc hội và Hội đồng nhân dân 2015: Giám sát của Quốc Hội

Chapter II

SUPERVISORY ACTIVITIES OF THE NATIONAL ASSEMBLY

Section 1. SUPREME SUPERVISION BY THE NATIONAL ASSEMBLY

Article 11. Supreme supervision by the National Assembly

1. Examining working reports of the State President, the National Assembly Standing Committee, the Government, the Supreme People's Court, the Supreme People's Procuracy, State Audit Agency and other authorities established by the National Assembly and other reports prescribed in Article 13 of this Law.

2. Examining legislative documents prescribed in Point a Clause 1 Article 4 of this Law in contravention of the Constitution, laws and resolutions of the National Assembly.

3. Examining the replies to interpellation of the interpellated persons prescribed in Point dd Clause 1 Article 4 of this Law.

4. Examining specialized-supervisory reports.

5. Examining reports on investigation results of a certain issue sent by a provisional committee established by the National Assembly.

6. Casting vote of confidence for evaluation or dismissal of officials voted or ratified by the National Assembly (hereinafter referred to as officials).

7. Examining reports of The Standing Committee of National Assembly on supervisory requests of the Standing Committee of the National Assembly, the Nationality Council, Committees of National Assembly, the National Assembly delegations and National Assembly deputies.

Article 12. Supervisory programs of the National Assembly

1. The Standing Committee of National Assembly shall, according to the requests of the Nationality Council, Committees of National Assembly, the National Assembly delegations, National Assembly deputies, the Central Committee of Vietnamese Fatherland Front and proposals of electors nationwide, prepare annual supervisory program of the National Assembly, and submit it to the National Assembly for consideration at the midyear session of the previous year.

Not later than March 1 of the previous year, the Nationality Council, Committees of National Assembly, the National Assembly delegations, National Assembly deputies, and the Central Committee of Vietnamese Fatherland Front shall send their requests and proposals on supervisory contents of the National Assembly to the Standing Committee of the National Assembly. Each supervisory request or proposal must clarify the necessity, contents, scope and supervisor(s).

The Secretary General of the National Assembly shall synthesize supervisory requests and proposals and send a summary report to the Standing Committee of the National Assembly. The Standing Committee of National Assembly shall discuss and prepare a supervisory program of the National Assembly and submit it to the National Assembly.

2. The National Assembly shall decide an annual supervisory program according to the following procedures:

a) The Standing Committee of National Assembly shall present the preparation of annual supervisory program of the National Assembly;

b) The National Assembly shall discuss;

c) The National Assembly shall issue a Resolution on the annual supervisory program of the National Assembly.

3. The Standing Committee of National Assembly shall promulgate a plan and implement the supervisory program of the National Assembly, except for the case prescribed in Article 16 of this Law. The Standing Committee of National Assembly may, if necessary, when the National Assembly is in recess, adjust the supervisory program of the National Assembly and report it to National Assembly at the latest session.

4. Standing Committee of the National Assembly shall report the results of the annual supervisory program of the National Assembly at the first the National Assembly’s session in the next year. The National Assembly may discuss about the results of the annual supervisory program of the National Assembly.

Article 13. Examination of reports

1. The National Assembly shall examine the following reports:

a) The annual working reports of the National Assembly Standing Committee, the Nationality Council, Committees of National Assembly, the Government, the Supreme People's Court, the Supreme People's Procuracy, State Audit Agency and other authorities established by the National Assembly;

b) The term-of-office working reports of the State President, the National Assembly Standing Committee, the Nationality Council, Committees of National Assembly, the Government, the Supreme People's Court, the Supreme People's Procuracy, State Audit Agency and other authorities established by the National Assembly;

c) The Government’s reports on society and economics; Government’s reports on government budget execution, government budget statement; Government’s reports on implementation of the Constitution, laws and resolutions of the National Assembly; reports of the Government, the Supreme People’s Court and the Supreme People’s Procuracy on settlement of complaints or denunciation; Government’s reports on corruption prevention and control; Government’s reports on thrift practice and waste combat; Government’s reports on crime prevention and control and legal violations; Government’s reports on judgment enforcement; Government’s reports on implementation of national goals in terms of gender equality;

d) The reports on enforcement of law in other fields as prescribed;

dd) Other reports as required by resolutions of the National Assembly or as required by the Standing Committee of the National Assembly.

2. Time of examination of reports shall be stipulated as follows:

a) At each year-end session, the National Assembly shall examine and discuss the reports prescribed in Point a and Point c Clause 1 of this Article. At each midyear session, the aforesaid authorities shall send their reports to National Assembly deputies, and then the National Assembly shall discuss them if necessary;

b) At the term-end session, the National Assembly shall examine and discuss the reports prescribed in Point b Clause 1 of this Article;

c) The time of examination of reports shall be stipulated in Point d Clause 1 of this Article as prescribed;

d) The time of examination of reports prescribed in Point dd Clause 1 of this Article shall be specified in a Resolution of the National Assembly or a request of the Standing Committee of the National Assembly.

3. According to the assignment of the Standing Committee of National Assembly or the Nationality Council, Committees of National Assembly shall assess the reports prescribed in Clause 1 of this Article, other than the reports of the Standing Committee of the National Assembly, the State President, the Nationality Council, and Committees of National Assembly.

4. The National Assembly shall examine and discuss a report following the procedures below:

a) The head of the authority having the report examined (hereinafter referred to as the reporting authority) shall present the report;

b) The President of the Nationality Council or the Chairperson of the concerned Committee of the National Assembly shall present the assessment report;

c) The National Assembly discusses and offers opinions about the report; the report may be discussed by a group of National Assembly deputies if necessary;

d) The head of the reporting authority may additionally present relevant matters that National Assembly deputies are interested in;

dd) The National Assembly shall consider issuing a resolution on necessary tasks for the reporting authority.

5. A resolution on necessary tasks of the reporting authority must have the following essential information:

a) Assessment of achievements, limitations and shortcomings and causes of limitations and shortcomings; responsibility of the reporting authority and its head;

b) Deadline for remedying those limitations and shortcomings;

c) Responsibility of the authority or individual(s);

d) Responsibility to report implementation of the Resolution on supervision.

Article 14. Examining legislative documents in contravention of the Constitution, laws or resolutions of the National Assembly

1. The National Assembly shall examine the legislative documents of the State President, 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, the State Auditor General; examine the joint resolutions of the Government and the Presidium of the Central Committee of Vietnamese Fatherland Front, joint circulars of the Chief Justice of the Supreme People’s Court and the Chief Procurator of the Supreme People’s Procuracy, joint circulars of 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 contravention of the Constitution, laws or resolutions of the National Assembly at the request of the Standing Committee of the National Assembly.

The National Assembly shall examine the legislative documents of the Standing Committee of the National Assembly, joint resolutions of The Standing Committee of National Assembly and the Presidium of the Central Committee of the Vietnamese Fatherland Front in contravention of the Constitution, laws or resolutions of the National Assembly at the request of the State President.

The State President, the Government, the Nationality Council, Committees of National Assembly, the Supreme People's Court, the Supreme People's Procuracy, State Audit Agency, the Central Committee of the Vietnamese Fatherland Front, central bodies of members of the Fatherland Front or National Assembly deputies is/are entitled to send legislative documents in contravention of the Constitution, laws or resolutions of the National Assembly to the Standing Committee of the National Assembly, and then The Standing Committee of National Assembly shall send them to the National Assembly for consideration; In case an Ordinance or a Resolution of the Standing Committee of the National Assembly, or a Joint Resolution of The Standing Committee of National Assembly and the Presidium of the Central Committee of the Vietnamese Fatherland Front is in contravention of the Constitution, laws or resolutions of the National Assembly, the Government, the Supreme People's Court, the Supreme People's Procuracy, State Audit Agency, the Central Committee of the Vietnamese Fatherland Front, central bodies of members of the Fatherland Front or National Assembly deputies is/are entitled to send it to the State President, then he/she shall send it to the National Assembly for consideration.

The Legal Committee must assess the proposal for legislative documents in contravention of the Constitution.

The Nationality Council and Committees of National Assembly must take charge and cooperate in assessment of the proposal for legislative documents in contravention of Laws and resolutions of the National Assembly in the fields that are in charge by the Nationality Council and the Committees of National Assembly.

2. The National Assembly shall examine a legislative document in contravention of the Constitution, laws and resolutions of the National Assembly following the procedures below:

a) The Standing Committee of National Assembly or the State President shall present a statement;

b) The representative of the assessment agency shall present an assessment report;

c) The head of the authority having the legislative document issued (hereinafter referred to as the issuing authority) shall report and provide explanation;

d) The National Assembly shall hold discussions;

dd) The National Assembly shall issue a resolution on examination of the legislative document.

3. That resolution must clarify that the legislative document is either in contravention or not in contravention of the Constitution, laws and resolutions of the National Assembly, if the second case prevails, part or the whole of such legislative document shall be annulled.

Article 15. Interpellation and examination of replies to interpellation at the National Assembly’s sessions

1. Before each interpellation meeting, National Assembly deputies shall clearly write the interpellating contents and the interpellated persons in the interpellation cards and send them to the Standing Committee of the National Assembly.

2. According to the agenda of the session, opinions and proposals of electors, concerned social issues and interpellation cards of National Assembly deputies, The Standing Committee of National Assembly shall request the National Assembly to decide a group of interpellation issues and interpellated persons.

3. The interpellation at each National Assembly’s session shall be carried out following the procedures below:

a) A National Assembly deputy shall provide an interpellation that may be in the form of specific image(s), video(s) or material evidence;

b) The interpellated person is obligated to give a direct oral reply which fully covers the interpellation without authorizing to another person to provide the reply. The interpellated person is also required to clarify his/her responsibility, measures and deadlines for remedying limitations and shortcomings (if any);

c) If the National Assembly deputy disagrees with the reply, he/she is entitled to provide another interpellation to the in the interpellated person;

d) Other persons may be invited to attend the meeting and reply to the interpellation of the National Assembly deputy that relates to the issue(s) under their responsibility.

The time of providing interpellations and replying to interpellations shall comply with the Internal regulations of the National Assembly’s session.

4. The National Assembly shall permit a written reply to interpellation in any of the following cases:

a) An interpellation is not mentioned in the group of interpellation issues at the session;

b) An interpellation issue needs to be investigated or verified;

c) An interpellation that is mentioned in the group of interpellation issues but remains unanswered at the session.

The interpellated person must provide a direct written reply. The reply to interpellation shall be sent to the interpellant, The Standing Committee of National Assembly and National Assembly delegations and be posted on the website of the National Assembly within 20 days from the interpellation date, excluding confidential documents as prescribed.

After receiving the reply to interpellation, if a National Assembly deputy disagrees with the reply content, he/she may request The Standing Committee of National Assembly include it in the agenda of a meeting of the Standing Committee of National Assembly, in the latest National Assembly’s session or propose the National Assembly to examine the responsibility of the interpellated person.

5. The National Assembly shall issue a resolution on the concerned interpellation. The Resolution on concerned interpellation shall contain:

a) Evaluation of results of the interpellated person’s performance of his/her duties, rights and responsibilities, limitations, shortcomings and reasons for the concerned interpellation;

b) Deadline for overcoming those limitations and shortcomings;

c) Responsibility of the authority or individual(s);

d) Responsibility to report the implementation of the Resolution on interpellation.

6. Each interpellation meeting shall be broadcast live, except for the case decided by the National Assembly.

7. Within 20 days before the opening date of a session, the interpellated person must send a report on implementation of the National Assembly’s Resolution related to the interpellation and realization of the matters he/she pledged at the previous sessions to National Assembly deputies and the Standing Committee of the National Assembly. The report on implementation of the National Assembly’s resolution on the interpellation and realization of the matters pledged at the previous sessions shall be posted on the website of the National Assembly.

8. At the year-end session of the middle year and the last year of a term of office, the National Assembly shall examine and discuss about summary reports on implementation of the Resolution of National Assembly and the Resolution of The Standing Committee of National Assembly on the interpellation and realization of the matters pledged at the previous sessions sent by the Government’s members, reports of the Chief Justice of the Supreme People’s Court, the Chief Procurator of the Supreme People’s Procuracy, the State Auditor General and other interpellated persons.

Article 16. Specialized supervisory activities of the National Assembly

1. The National Assembly shall, according to its supervisory program, issue a resolution on establishment of a specialized supervision delegation at the request of the Standing Committee of the National Assembly.

The National Assembly’s Resolution on establishment of the supervision delegation must clarify entities, scope and contents, supervision plan, composition of the supervision delegation and supervisees.

The supervision delegation shall include a leader being the President or the Deputy President of the National Assembly, deputy leaders being a number of members of The Standing Committee of National Assembly and other members being members of the Standing Committee of the National Assembly, representatives of the Nationality Council, Committees of National Assembly, representatives of the Association of National Assembly deputies in the province which the association supervises and some National Assembly deputies. Representatives of the Central Committee of Vietnamese Fatherland Front, members of the Front and specialists may be invited to join the supervision delegation.

2. Each supervision delegation shall have the following duties and powers:

a) Formulate draft of a report for the supervisees;

b) Notify the contents, plan and draft of the report to the supervisee and the Association of National Assembly deputies of the province where the supervision is carried out within 20 days from the date on which National Assembly issues the resolution on establishment of the supervision delegation; notify program and composition of the supervision delegation within 10 days before the date on which the supervision delegation works with the supervisees;

c) Conform to the contents and plan of supervision; assign members of supervision delegation to supervise directly at the province or the authority;

d) Request each supervisee to report in writing; provide information or materials related to the supervisory contents and explanation for the matters in which the supervision delegation is interested;

dd) Examine and assess the report sent by the supervisee, invite specialists to provide consultancy, collect information and exchange views on the issues that the supervision delegation deems it necessary with relevant persons;

e) When detecting a violation of law, which cause harms to the interests of the State, the legitimate rights and interests of organizations and/or individuals, the supervision delegation may request the relevant agencies, organizations and/or individuals (hereinafter referred to as relevant entities)to apply measures to timely put an end to the violation acts and restore the interests of the State, the legitimate rights and interests of the infringed organizations and/or individuals; request competent agencies, organizations and/or individuals (hereinafter referred to as competent entities) to examine the responsibility of the agency, organization and/or individual committing the violation as provided for by law;

g) Upon the conclusion of the supervisory activities, the supervision delegation must send a report on supervision results to the National Assembly for consideration at the latest session.

Before sending reports to the National Assembly, the supervision delegation shall send a report on supervision results to the Standing Committee of the National Assembly.

3. The National Assembly shall examine the report of the supervision delegation following the procedures below:

a) The supervision delegation presents the report on supervision results;

b) A representative of the supervisee is invited to attend the meeting and present the explanation report;

c) The National Assembly holds discussions.

The supervision delegation may provide additional relevant issues during the discussion;

d) The National Assembly issues a Resolution on specialized supervision.

4. The Resolution on specialized supervision shall contain:

a) Assessment of achievements, limitations and shortcomings and causes of limitations and shortcomings; responsibility of the supervisee and the head of relevant agencies or organizations;

b) Deadline for remedying those limitations and shortcomings;

c) Responsibility for implementation of the agencies, organizations, and individuals;

d) Responsibility to report the implementation of the Resolution.

5. The Resolution on specialized supervision shall be sent to the supervisee and relevant entities.

6. At the year-end session of the middle year and the last year of a term of office, the supervisee shall send a report on implementation of the National Assembly’s Resolution on specialized supervision to the National Assembly. The National Assembly shall consider conducting re-supervision in necessary circumstances.

Article 17. Examination of reports of Provisional Committees

1. In exceptional circumstances, at the request of the Nationality Council, a Committee of the National Assembly or at least one-third of the total number of National Assembly deputies, The Standing Committee of National Assembly shall request National Assembly to establish a Provisional Committee to investigate a specific matter. The determination of at least one-third of the total number of National Assembly deputies shall be carried out as prescribed in Article 33 of the Law on organization of the National Assembly.

2. The consideration of establishing a Provisional Committee shall follow the procedures below:

a) The Standing Committee of National Assembly requests the National Assembly in writing to establish a Provisional Committee.  The request must contain reasons, contents, investigated entities, expected composition, duties and powers of the Provisional Committee;

b) The National Assembly discusses and issues a Resolution on establishment of the Provisional Committee.

3. Each Provisional Committee has the following duties and powers:

a) Formulate investigation plans;

b) Notify investigated agencies, organizations or individuals (hereinafter referred to as investigatees) of investigation contents and plans within 10 days from the date on which the National Assembly issues the resolution on establishment of the Provisional Committee; notify investigates of program and composition of the Provisional Committee within 5 days before the first day on which the Provisional Committee works with the investigatees;

c) Conform to the investigation contents; assign members of the Provisional Committee to carry out the investigation at the administrative division or the authority;

d) Request each investigatee and relevant entities to report in writing; provide information or materials related to the investigation contents and explanation for the matters in which the Provisional Committee is interested;

dd) Assess the report sent by the investigatees, invite specialists to provide consultancy, collect information and exchange views on the issues that the Provisional Committee deems it necessary with relevant persons;

e) Request competent entities to apply essential measures to prevent legal violations, dispersing property, destruction of documents and exhibits related to the contents of the investigation;

g) Perform other duties and powers prescribed in the National Assembly’s Resolution on establishment of the Provisional Committee;

h) Upon the conclusion of the supervisory activities, the Provisional Committee must send a report on investigation results to the National Assembly for consideration at the latest session.

Before sending reports to the National Assembly, the Provisional Committee shall send a report on investigation results to the Standing Committee of the National Assembly.

4. The National Assembly shall examine the report on investigation results of the Provisional Committee following the procedures below:

a) The Chairperson of the Provisional Committee presents the report on investigation results;

b) The National Assembly holds discussions.

The representative of the Provisional Committee may provide additional relevant issues during the discussion;

c) The investigatees may be invited to attend the meeting of the National Assembly and provide their explanation;

d) The National Assembly issues a Resolution on the investigation results.

Article 18. Vote of confidence for evaluation of officials

1. The National Assembly shall take a vote of confidence for evaluation of any of the following officials:

a) The State President, the State Deputy President;

b) The President of the National Assembly, Deputy Presidents of the National Assembly, members of the Standing Committee of the National Assembly, the President of the Nationality Council and Chairmen of Committees of National Assembly;

c) The Prime Minister, Deputy Prime Ministers, Ministers and Heads of ministerial-level agencies;

d) The Chief Justice of the Supreme People’s Court, the Chief Procurator of the Supreme People’s Procuracy and the State Auditor General.

2. A vote of confidence for evaluation of officials shall be taken at a National Assembly’s session as follows:

a) The Standing Committee of National Assembly requests the National Assembly to decide a list of officials given votes of confidence for their evaluation;

b) The National Assembly cast the vote of confidence for evaluation of the officials by secret ballot;

c) The Standing Committee of National Assembly requests the National Assembly to ratify a resolution confirming results of the vote of confidence for evaluation of officials;

3. Each official given votes of poor confidence casted by more than half of the total number of National Assembly deputies may apply for resignation.

Each official given votes of poor confidence casted by more than two-third of the total number of National Assembly deputies shall be given votes of confidence for dismissal by the National Assembly at the request of the Standing Committee of the National Assembly.

4. Apart from regulations in this Article, the regulations on deadline, time and procedures for a vote of confidence for evaluation of officials shall be implemented in accordance with resolutions of the National Assembly.

Article 19. Vote of confidence for dismissal for officials

1. The National Assembly shall take a vote of confidence for dismissal of an official upon any of the requests or the case below:

a) A request of the Standing Committee of the National Assembly;

b) A request of at least 20% of total number of National Assembly deputies prescribed in Article 33 of the Law on organization of the National Assembly;

c) A request of the Nationality Council or a Committee of the National Assembly;

d) A person given votes of poor confidence casted by more than half of the total number of National Assembly deputies.

2. The procedures for a vote of confidence for dismissal of an official shall be initiated as follows:

a) The Standing Committee of National Assembly requests the National Assembly to cast votes of confidence for dismissal of the official;

b) The official given the vote of confidence for dismissal presents his/her opinions;

c) The National Assembly holds discussion at National Assembly delegations;

d) The National Assembly reports the results of discussions at the National Assembly delegations to the National Assembly.

dd) The National Assembly cast the vote of confidence for dismissal of the official by secret ballot;

e) The Standing Committee of National Assembly requests the National Assembly to ratify a Resolution on confirmation of the vote of confidence for dismissal of the official;

3. Each person given vote of no confidence casted by more than a half of total number of National Assembly deputies may apply for resignation; if such person fails to resign, the authority or person competent to recommend him/her to the National Assembly for election or ratification must request the National Assembly to issue a decision on discharge or dismissal or ratify a request for discharge or dismissal of that official.

4. Apart from regulations in this Article, the procedures for a vote of confidence for dismissal of officials shall be initiated in accordance with resolutions of the National Assembly.

Article 20. Examining reports of The Standing Committee of National Assembly on supervisory requests of the Standing Committee of the National Assembly, the Nationality Council, Committees of National Assembly, National Assembly delegations and National Assembly deputies

1. If a supervisee does not comply with a supervisory conclusion or proposal issued by the Standing Committee of the National Assembly, the Nationality Council, a Committee of the National Assembly, an Association of National Assembly deputies or a National Assembly deputy, those authorities are entitled to propose The Standing Committee of National Assembly to request the National Assembly for consideration.

2. The National Assembly shall consider the report, sent by the Standing Committee of the National Assembly, on a supervisory proposal of the Standing Committee of the National Assembly, the Nationality Council, a Committee of the National Assembly, an Association of National Assembly deputies and a National Assembly deputy following the procedures below:

a) A representative of The Standing Committee of National Assembly presents the report;

b) The supervisee may present its explanation report;

c) The National Assembly holds discussion;

d) The National Assembly issues a Resolution on the proposed issue(s).

Article 21. The National Assembly’s competence to examine supervision results

According to supervision results, the National Assembly is competent to:

1. Request the Standing Committee of the National Assembly, 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, the State Auditor General to promulgate documents on guidelines for the Constitution, laws and resolutions of the National Assembly; 

2. Repeal part or the whole of legislative documents issued by the State President, the Standing Committee of the National Assembly, 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, the State Auditor General; joint resolutions of The Standing Committee of National Assembly or the Government and the Presidium of the Central Committee of Vietnamese Fatherland Front, joint circulars of the Chief Justice of the Supreme People’s Court and the Chief Procurator of the Supreme People’s Procuracy, joint circulars of 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 contravention of the Constitution, laws or resolutions of the National Assembly.

3. Discharge or dismiss the State President, State Deputy Presidents, the President of the National Assembly, the Deputy President of the National Assembly, members of the Standing Committee of the National Assembly, the President of the Nationality Council, Chairmen of Committees of National Assembly, the Prime Minister, the Chief Justice of the Supreme People's Court, the Chief Procurator of the Supreme People’s Procuracy, the President of National Election Commission, the State Auditor General, heads of other authorities established by the National Assembly; ratify proposals for discharge or dismissal of Prime Deputy Ministers, Ministers, Heads of ministerial-level agencies, Justices of the Supreme People’s Court;

4. Take votes of confidence for dismissal of officials;

5. Request competent authorities or individuals to discharge dismiss or take other actions against persons committing serious legal violations.

6. Issue resolutions on interpellation, resolutions on specialized supervision results and other contents within their competence.

Section 2. SUPERVISORY ACTIVITIES OF THE STANDING COMMITTEE OF NATIONAL ASSEMBLY

Article 22. Supervisory activities of The Standing Committee of National Assembly

1. Examining working reports 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 other reports prescribed in Article 13 of this Law in the recess of two National Assembly’s sessions assigned by the National Assembly or at the request of the Standing Committee of the National Assembly.

2. Examining legislative documents prescribed in Point a Clause 1 Article 4 of this Law in contravention of the Constitution, laws and resolutions of the Standing Committee of the National Assembly.

3. Examining the replies to interpellation of the interpellated persons prescribed in Point dd Clause 1 Article 4 of this Law in the recess of two National Assembly’s sessions.

4. Carrying out specialized supervision.

5. Examining working reports of People’s Councils of provinces, examining resolutions of People’s Councils of provinces in contravention of the Constitution, Laws and other legislative documents of their superior regulatory agencies.

6. Examining settlement of complaints and denunciations lodged by citizens.

7. Examining settlement of petitions of electors.

8. Supervising election of National Assembly deputies and People’s Council deputies.

9. Examining supervisory proposals of the Nationality Council, Committees of National Assembly, the National Assembly delegations and National Assembly deputies.

10. Proposing votes of confidence for dismissal of officials.

Article 23. Supervisory programs of The Standing Committee of National Assembly

1. The Standing Committee of National Assembly shall, according to the supervisory program of the National Assembly and requests of the Nationality Council, Committees of National Assembly, the National Assembly delegations, National Assembly deputies, the Central Committee of Vietnamese Fatherland Front and proposals of electors nationwide, decide its annual supervisory program.

Not later than March 1 of the previous year, the Nationality Council, Committees of National Assembly, the National Assembly delegations, National Assembly deputies, and the Central Committee of Vietnamese Fatherland Front shall send their requests on supervisory contents included in the supervisory program of The Standing Committee of National Assembly to the Standing Committee of the National Assembly. Each supervisory request must clarify the necessity, contents, scope and supervisor(s).

The Secretary General of the National Assembly shall synthesize supervisory requests and send a summary report to the Standing Committee of the National Assembly.

2. The Standing Committee of National Assembly shall decide an annual supervisory program according to the following procedures:

a) The Secretary General of the National Assembly – Chairperson of the Office of the National Assembly presents a statement of prepared supervisory program of the Standing Committee of the National Assembly;

b) The Standing Committee of National Assembly holds discussions;

c) The Standing Committee of National Assembly issues a Resolution on supervisory program of the Standing Committee of the National Assembly.

3. According to its approved supervisory program, The Standing Committee of National Assembly shall issue a plan and implement it; assign members of The Standing Committee of National Assembly to carry out the program; assign the Nationality Council and/or Committees of National Assembly to carry out some matters of the supervisory program and send reports on implementation results to the Standing Committee of the National Assembly; and decide schedule and measures for assurance of the program implementation. The Standing Committee of National Assembly may, if necessary, adjust its supervisory program.

The National Assembly may discuss about the implementation of its annual supervisory program in its sessions.

4. The Standing Committee of National Assembly shall report implementation results of its annual supervisory program to National Assembly at the midyear session of the next year.

Article 24. Examining working reports of the Government, the Supreme People's Court, the Supreme People's Procuracy, State Audit Agency and other authorities established by the National Assembly

1. In the recess of two National Assembly’s sessions, The Standing Committee of National Assembly shall examine working reports 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 other reports prescribed in Clause 1 Article 13 of this Law assigned by the National Assembly at the request of the National Assembly or deeming it necessary.

2. Each working report of the Government, the Supreme People's Court, the Supreme People's Procuracy, State Audit Agency and other authorities established by the National Assembly shall be assessed by the Nationality Council or a Committee of the National Assembly before it is submitted to the Standing Committee of the National Assembly.

3. The Standing Committee of National Assembly shall examine each report following the procedures below:

a) The head of the reporting authority prescribed in Clause 1 of this Article shall present the report;

b) The President of the Nationality Council or the Chairperson of the concerned Committee of the National Assembly shall present the report on assessment;

c) Representatives of attendants offer their opinions;

d) The Standing Committee of National Assembly holds discussions;

dd) The head of the reporting authority may additionally present relevant matters;

e) The Standing Committee of National Assembly shall issue a resolution on necessary tasks for the reporting authority if necessary.

4. The contents of the resolution shall comply with Clause 5 Article 13 of this Law.

Article 25. Examining legislative documents of central regulatory agencies in contravention of the Constitution, laws or resolutions of the National Assembly and ordinances or resolutions of the Standing Committee of the National Assembly

1. The Standing Committee of National Assembly shall examine 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, the State Auditor General; joint resolutions of The Standing Committee of National Assembly or the Government and the Presidium of the Central Committee of Vietnamese Fatherland Front, joint circulars of the Chief Justice of the Supreme People’s Court and the Chief Procurator of the Supreme People’s Procuracy, joint circulars of 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 contravention of the Constitution, laws or resolutions of the National Assembly, or Ordinances or resolutions of The Standing Committee of National Assembly in any of the following cases:

a) Discovering legislative documents in contravention of Constitution, laws or resolutions of the National Assembly, or ordinances or resolutions of the Standing Committee of the National Assembly;

b) Conforming to the request of the Nationality Council, Committees of National Assembly, or National Assembly deputies;

c) Conforming to the request of the Government, the Supreme People's Court, the Supreme People's Procuracy, State Audit Agency, the Central Committee of Vietnamese Fatherland Front or central bodies of members of the Front. 

2. The Legal Committee must assess proposals for legislative documents in contravention of the Constitution.

The Nationality Council and Committees of National Assembly must take charge and cooperate in assessment of proposals for legislative documents in contravention of Laws and/or resolutions of the National Assembly, Ordinances and/or resolutions of The Standing Committee of National Assembly in the fields that are in charge by the Nationality Council and the Committees of National Assembly.

3. The Standing Committee of National Assembly shall examine a legislative document prescribed in Clause 1 of this Article following the procedures below:

a) A representative of the requesting agency, organization, or individual shall present its proposal;

b) A representative of the assessment agency shall present its assessment report;

c) Representatives of attendants shall offer their opinions;

d) The head of the issuing agency or individual shall provide explanation for relevant matters;

dd) The Standing Committee of National Assembly shall hold discussions;

e) The Standing Committee of National Assembly shall issue a resolution on the consideration of that legislative document.

4. That resolution must clarify that the legislative document is either in contravention or not in contravention of the Constitution, laws or resolutions of the National Assembly, ordinances or resolutions of the Standing Committee of the National Assembly; if a part of the whole of the document is in contravention of the Constitution, laws or resolutions of the National Assembly, it shall be annulled by the National Assembly at the latest session; if a part of the whole of the document is in contravention of Ordinances or resolutions, it shall be annulled by the Standing Committee of the National Assembly.

Article 26. Interpellation and examination of replies to interpellation at sessions of The Standing Committee of National Assembly in the recess of two National Assembly’s sessions

1. In the recess of two National Assembly’s sessions, National Assembly deputies may write the interpellation, interpellated persons on interpellation cards and send them to the Standing Committee of the National Assembly.

According to the agenda of the session, opinions and proposals of electors, concerned social issues and interpellation cards of National Assembly deputies, The Standing Committee of National Assembly shall decide groups of interpellation issues and interpellated persons, time of interpellation.

2. The interpellation at each session of The Standing Committee of National Assembly shall be carried out following the procedures below:

a) A National Assembly deputy provides an interpellation that may be in the form of specific image(s), video(s) or material evidence;

b) The interpellated person is obligated to give a direct oral reply which fully covers the interpellation without authorizing to another person to provide the reply. The interpellated person is also required to clarify his/her responsibility, measures and deadlines for remedying limitations and shortcomings (if any);

c) If the National Assembly deputy disagrees with the reply, he/she is entitled to provide another interpellation to the in the interpellated person;

d) Other persons may be invited to attend the meeting and reply to the interpellation of the National Assembly deputy that relates to the issue(s) under their responsibility.

The time of providing interpellations and replying to interpellations shall comply with the Internal regulations of the National Assembly’s session.

3. The Standing Committee of National Assembly shall permit a written reply to interpellation in any of the following cases:

a) An interpellation is not mentioned in the group of interpellation issues at the session;

b) An interpellation issue needs to be investigated or verified;

c) An interpellation that is mentioned in the group of interpellation issues but remains unanswered at the session.

The interpellated person must provide a direct written reply. The reply to interpellation shall be sent to the interpellant, the Standing Committee of National Assembly and National Assembly delegations and be posted on the website of the National Assembly within 20 days from the interpellation date, excluding confidential documents as prescribed.

After receiving the reply to interpellation, if a National Assembly deputy disagrees with the reply content, he/she may request the Standing Committee of National Assembly include it in the agenda of a meeting of the Standing Committee of the National Assembly, in the latest National Assembly’s session or propose the National Assembly to examine the responsibility of the interpellated person.

4. The National Assembly shall issue a resolution on the concerned interpellation. The contents of the resolution shall comply with Clause 5 Article 15 of this Law.

5. Each interpellation meeting shall be broadcast online to central-affiliated cities and provinces in order for National Assembly deputies to attend the interpellation, and be broadcast live, except for the case decided by the Standing Committee of National Assembly.

Article 27. Specialized supervisory activities of the Standing Committee of National Assembly

1. The Standing Committee of the National Assembly shall, according to its supervisory program, establish specialized supervision delegations.

The Resolution of the Standing Committee of National Assembly on establishment of the supervision delegation must clarify entities, scope and contents, supervision plan, composition of the supervision delegation and supervisees.

The supervision delegation shall include a leader being the Deputy President or a member of the Standing Committee of National Assembly, and other members being representatives of the Nationality Council, Committees of National Assembly, National Assembly delegations in the province where the association carries out the supervision and some National Assembly deputies. Representatives of the Central Committee of Vietnamese Fatherland Front, members of the Front and specialists may be invited to join the supervision delegation.

2. Each supervision delegation shall have the following duties and powers:

a) Formulate draft of a report for the supervisees;

b) Notify the contents, plan and draft of the report to the supervisees and the Association of National Assembly deputies of the province where the supervision is carried out within 15 days from the date on which National Assembly issues the resolution on establishment of the supervision delegation; notify program and composition of the supervision delegation within 10 days before the date on which the supervision delegation works with the supervisees;

c) Conform to the contents and plan of supervision; assign members of supervision delegation to supervise directly at the province or the authority;

d) Request each supervisee to report in writing; provide information or materials related to the supervisory contents and explanation for the matters in which the supervision delegation is interested;

dd) Examine and assess the report sent by the supervisee, invite specialists to provide consultancy, collect information and exchange views on the issues that the supervision delegation deems it necessary with relevant persons;

e) When detecting a violation of law, which cause harms to the interests of the State, the legitimate rights and interests of organizations and/or individuals, the supervision delegation may request the relevant entities to apply measures to timely put an end to the violation acts and restore the interests of the State, the legitimate rights and interests of the infringed organizations and/or individuals; request competent entities to examine the responsibility of the agency, organization and/or individual committing the violation as provided for by law;

g) Within 15 days from the end day of supervisory activities, the supervision delegation must send supervision results to the Standing Committee of National Assembly for consideration.

3. The Standing Committee of National Assembly shall examine the report of the supervision delegation following the procedures below:

a) The leader shall present the supervision report;

b) Representatives of supervisees offer their opinions;

c) The Standing Committee of National Assembly shall hold discussions;

The representative of supervision delegation may provide additional relevant issues during the discussion;

d) The Standing Committee of National Assembly shall issue a Resolution on specialized supervision.

4. The contents of the resolution on specialized supervision shall comply with Clause 4 Article 16 of this Law.

The Resolution shall be sent to the supervisees and relevant entities.

Article 28. Examination of working reports of People’s Councils of provinces

1. Each People’s Council of province shall send its biannual and annual working reports to the Standing Committee of National Assembly.

2. The Standing Committee of National Assembly may, if necessary, assign the Nationality Council or a Committee of National Assembly to examine the working report of the People’s Council of province and send a report to the Standing Committee of National Assembly.

3. The Standing Committee of National Assembly shall discuss and issue a Resolution on operation of the People’s Council of province.

The contents of the resolution shall comply with Clause 5 Article 13 of this Law.

Article 29. Examining resolutions of People’s Councils of provinces in contravention of the Constitution, Laws and other legislative documents of their superior regulatory agencies

1. The Standing Committee of National Assembly shall, on its own or at the request of the Prime Minister, propose the Nationality Council, Committees of National Assembly or National Assembly deputies to examine resolutions of People’s Councils of provinces in contravention of the Constitution, Laws and other legislative documents of their superior regulatory agencies.

The Nationality Council and Committees of National Assembly must make preparations for opinions to the Resolution prescribed in this Clause as assigned by the Standing Committee of National Assembly.

2. The Standing Committee of National Assembly shall examine the Resolution on the People’s Council of province according to the following procedures:

a) Representatives of each requesting agency, organization, or individual prescribed in Clause 1 of this Article shall present its proposal;

b) The President of the Nationality Council or the Chairperson of the concerned Committee of the National Assembly shall offer his/her opinions;

c) The President of People’s Council of province issuing the Resolution shall offer his/her opinions;

d) The Standing Committee of the National Assembly holds discussions;

dd) The Standing Committee of National Assembly shall issue a Resolution on examination of the Resolution of the People’s Council of province.

That resolution must clarify that the Resolution of People’s Council of province is either in contravention or not in contravention of the Constitution, Laws or legislative documents of its superior regulatory agency; if the second case prevails, part or the whole of such Resolution  shall be annulled.

Article 30. Supervising settlement of complaints and denunciations

1. The Standing Committee of National Assembly shall supervise settlement of complaints and denunciations; examine reports of the Government, the Supreme People’s Court, and the Supreme People’s Procuracy on settlement of complaints and denunciations; carry out specialized supervision or assign the Nationality Council and Committees of National Assembly to supervise settlement of complaints and denunciations.

2. When receiving a complaint or denunciation lodged by a citizen, the Standing Committee of National Assembly shall examine and take actions against it, or transfer it to a competent organization or individual when necessary.

The competent entity must examine and settle the complaint within a regulatory period and notify the Standing Committee of National Assembly of the settlement results within 7 days from the date on which the decision on settlement is issued; if the Standing Committee of National Assembly disagrees with the settlement of the complaint, it may request the superior agency or organization to take actions and notify it of the results.

3. The Standing Committee of National Assembly shall examine reports on settlement of complaints or denunciations taken by competent agencies, organizations, and individuals of the Nationality Council, Committees of the National Assembly, National Assembly delegations and National Assembly deputies.

4. When detecting a violation of law, which cause harms to the interests of the State, the legitimate rights and interests of organizations and/or individuals, the Standing Committee of National Assembly may request the competent entities to apply measures to timely put an end to the violation acts and restore the interests of the State, the legitimate rights and interests of the infringed organizations and/or individuals; request competent agencies, organizations and/or individuals to examine the responsibility of the agency, organization and/or individual committing the violation as provided for by law; if the Standing Committee of National Assembly disagrees with the actions against the violation taken by competent agencies, organizations, or individuals, it shall request the head of their superior agency or organization for consideration. Relevant agencies, organizations, and individuals must comply with the request of the Standing Committee of National Assembly and send reports to the Standing Committee of National Assembly within 30 days from the date on which the request is received.

Article 31. Examining settlement of petitions of electors

1. The Standing Committee of National Assembly must supervise the settlement of petitions of electors taken competent agencies, organizations, and individuals; and make a summary report on the settlement of petitions of electors and send it to the National Assembly.

2. The Government, the Supreme People's Court, the Supreme People's Procuracy and other competent authorities shall send reports on the settlement of petitions of electors to the Standing Committee of National Assembly.

3. The Standing Committee of the National Assembly shall examine a report on the settlement of petitions of electors according to the following procedures:

a) Each representative of the authorities prescribed in Clause 2 of this Article shall present its report;

b) The Standing Committee of the National Assembly holds discussions;

c) The chairperson of the session shall give a conclusion.

4. The Standing Committee of National Assembly must supervise the settlement of petitions of electors taken competent agencies, organizations, and individuals; and make a summary report on the settlement of petitions of electors and send it to the National Assembly.

Article 32. Supervising election of National Assembly deputies and People’s Council deputies

1. The Standing Committee of National Assembly shall cooperate with National Election Commission in promulgation of supervisory plans and establishment of supervision delegations in charge of election of National Assembly deputies and People’s Council deputies.

The composition of a supervision delegation shall be decided by the Standing Committee of National Assembly.

2. The supervision delegation shall supervise electoral organizations of the administrative division and send reports on supervision results to the Standing Committee of National Assembly and National Election Commission.

The Standing Committee of National Assembly and National Election Commission shall examine the supervision results and take actions within their competence or request relevant agencies or organizations to deal with proposals of the supervision delegation promptly as prescribed in law on election.

Article 33. Examining supervisory proposals of the Nationality Council, Committees of the National Assembly, the National Assembly delegations

1. If a supervisee does not comply with a supervisory conclusion or proposal issued by the Nationality Council, a Committee of the National Assembly, an Association of National Assembly deputies or a National Assembly deputy, those authorities are entitled to propose the Standing Committee of the National Assembly for consideration.

2. The Standing Committee of the National Assembly shall examine supervisory proposals of the Nationality Council, Committees of the National Assembly, National Assembly delegations and National Assembly deputies according to the following procedures:

a) The Nationality Council, Committees of the National Assembly, National Assembly delegations or National Assembly deputies shall send reports on failure of supervisees to comply with supervisory proposals or conclusions;

b) The supervisee shall present its explanation report;

c) The Standing Committee of National Assembly shall hold discussions;

d) The Standing Committee of National Assembly shall issue a Resolution on the proposed issue(s).

Article 34. Proposing votes of confidence for dismissal of officials

1. Each member of the Standing Committee of National Assembly may request the Standing Committee of National Assembly to propose votes of confidence for dismissal of officials who commit violations of law or fail to perform their assignments that cause serious damage to interests of the State and lawful rights and interests of organizations or individuals.

Each request must be sent to the President of the National Assembly and the Standing Committee of National Assembly at the latest session.

The Standing Committee of National Assembly shall examine the proposal for a vote of confidence for dismissal of an official according to the following procedures:

a) The member of the Standing Committee of National Assembly shall present the proposal for the vote of confidence for dismissal of the official;

b) The Standing Committee of the National Assembly holds discussions;

c) Representatives of attendants offer their opinions;

d) The Standing Committee of National Assembly shall vote on the proposal by secret ballot.

If at least two-third of total number of members of the Standing Committee of National Assembly votes for the proposal, the Standing Committee of National Assembly shall request the National Assembly to take a vote of confidence for dismissal of that official.

2. When the Standing Committee of National Assembly receives a proposal for a vote of confidence for dismissal of an official sent by at least 20% of total number of National Assembly deputies or the Nationality Council or a Committee of National Assembly, or an official is given poor confidence by at least two-third of total number of National Assembly deputies, the Standing Committee of National Assembly shall request the National Assembly to take a vote of confidence for dismissal of the official.

The Standing Committee of the National Assembly shall examine the proposal for a vote of confidence for dismissal of an official to the National Assembly according to the following procedures:

a) A representative of the authority, at the assignment of the Standing Committee of National Assembly, present a report on proposals of National Assembly deputies and results of votes of confidence for evaluation of officials or a representative of the Nationality Council or the proposing Committee of National Assembly shall present a statement;

b) The Standing Committee of National Assembly holds discussions about the proposal for vote of confidence for dismissal of the official;

c) Representatives of attendants offer their opinions;

d) The Standing Committee of National Assembly shall adopt the statement about the vote of confidence for dismissal of officials sent to the National Assembly.

Article 35. The competence of the Standing Committee of National Assembly to examine supervision results

According to supervision results, the Standing Committee of National Assembly is competent to:

1. Suspend implementation of part or the whole of 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, State Auditor General; joint resolutions of the Government and the Presidium of the Central Committee of Vietnamese Fatherland Front, joint circulars of the Chief Justice of the Supreme People’s Court and the Chief Procurator of the Supreme People’s Procuracy, joint circulars of 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 contravention of the Constitution, laws or resolutions of the National Assembly and request the National Assembly to examine the decision on annulment of part or the whole of document at the latest session;

2. Repeal part of the whole of 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, State Auditor General; joint resolutions of the Government and the Presidium of the Central Committee of Vietnamese Fatherland Front, joint circulars of the Chief Justice of the Supreme People’s Court and the Chief Procurator of the Supreme People’s Procuracy, joint circulars of 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 contravention of the Constitution, laws or resolutions of the Standing Committee of the National Assembly;

3. Request competent authorities or individuals to discharge, dismiss or take other actions against persons committing serious legal violations.

4. Propose the National Assembly to take votes of confidence for dismissal of officials;

5. Repeal part or the whole of resolutions of People’s Councils of provinces in contravention of the Constitution, Laws and other legislative documents of their superior regulatory agencies; dissolve People’s Councils of provinces that cause serious damage to the people’s interests;

6. Issue resolutions on interpellation; issue resolutions on specialized supervision results.

Biannually, interpellated persons and supervisees must send reports on implementation of resolutions on interpellation, resolutions on specialized supervision and implementation of supervisory conclusions, requests or proposals of the Standing Committee of National Assembly;

7. Request the competent entities to apply measures to timely put an end to the violation acts and restore the interests of the State, the legitimate rights and interests of the infringed organizations and/or individuals.

Article 36. The competence of the Standing Committee of National Assembly to direct, regulate and coordinate supervisory activities

1. Assign the Nationality Council and Committees of the National Assembly to assess reports and implement some matters in the supervisory program of the Standing Committee of National Assembly.

2. Request the Nationality Council and Committees of National Assembly to send annual reports on their provisional supervisory programs, contents and plans.

3. Request the Nationality Council and Committees of National Assembly to adjust their supervisory programs, plans, time, and places to avoid duplication and overlap of content, time and place of supervision.

4. Request the Nationality Council and Committees of National Assembly to cooperate in implementation of supervisory activities in the same administrative division, agencies or units to ensure the quality and effectiveness of supervisory activities.

Section 3. SUPERVISORY ACTIVITIES OF THE NATIONALITY COUNCIL AND COMMITTEES OF NATIONAL ASSEMBLY

Article 37. Supervisory activities of the Nationality Council and Committees of National Assembly

1. Examining working reports of the Government, the Supreme People's Court, the Supreme People's Procuracy, and State Audit Agency prescribed in Clause 1 Article 13 of this Law in the fields that are in charge by the Nationality Council and the Committees of National Assembly or at the assignment of the Standing Committee of National Assembly.

2. Supervising legislative documents prescribed in Point c Clause 1 of this Article as prescribed.

3. Carrying out specialized supervision.

4. Providing explanation activities of issues in the fields that are in charge by the Nationality Council and the Committees of National Assembly.

5. Supervising settlement of complaints of citizens.

6. Proposing votes of confidence for dismissal of officials.

Article 38. Supervisory programs of the Nationality Council and Committees of National Assembly

1. The Nationality Council and Committees of National Assembly shall, according to the supervisory program of the National Assembly and the Standing Committee of National Assembly and requests of the Nationality Council, Committees of the National Assembly, decide its annual supervisory program.

2. The Standing Board of the Nationality Council or the Standing Board of Committees of National Assembly shall prepare a supervisory program and send it to the Nationality Council or Committees of National Assembly for consideration in the end of the previous year and implement that program; they may adjust the supervisory program and report the Nationality Council and Committees of National Assembly at the latest session.

Article 39. Examination of reports

1. The Nationality Council, Committees of National Assembly shall assess the reports prescribed in Clause 1 of this Article, other than the reports of the Standing Committee of the National Assembly, the State President, the Nationality Council and Committees of National Assembly.

2. The Nationality Council or the concerned Committee of National Assembly shall assess a report according to the following procedures:

a) The head of the authority having the report examined shall present the report;

b) Representatives of attendants shall offer their opinions;

c) The Nationality Council or the Committee of National Assembly shall hold discussions;

d) The Nationality Council or the Committee of National Assembly shall vote on necessary matters;

dd) The chairperson of the session shall summarize the contents of the assessment meeting.

3. Each assessment report of the Nationality Council or Committees of National Assembly must reflect opinions of members of the Nationality Council or Committees of National Assembly and opinions of attendants of assessment session. It shall be presented at the sessions of the National Assembly and the Standing Committee of National Assembly.

Article 40. Supervising legislative documents of central regulatory agencies

1. The Nationality Council and Committees of National Assembly, within their tasks and powers, must monitor and expedite the Government, the Prime Minister, Ministers, Heads of 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 in terms of promulgation of legislative documents in the fields that are in charge by the Nationality Council and the Committees of National Assembly.

2. When a legislative document sent by a relevant agency prescribed in Point c Clause 1 Article 4 of this Article is received, the Standing Board of the Nationality Council or the Standing Board of relevant Committee of National Assembly must examine its contents. If a legislative document is in contravention of the Constitution, laws or resolutions of the National Assembly, or ordinances or resolutions of the Standing Committee of the National Assembly, the Standing Board of the Nationality Council or the Standing Board of relevant Committee of National Assembly shall report the Nationality Council or relevant Committee of National Assembly.

3. The Nationality Council or relevant Committee of National Assembly shall hold a meeting to examine the legislative document in contravention of the Constitution, laws or resolutions of the National Assembly, or ordinances or resolutions of the Standing Committee of the National Assembly according to the following procedures:

a) A representative of the Standing Board of the Nationality Council or the Standing Board of relevant Committee of National Assembly shall present a report;

b) A representative of the issuing agency or individual shall present its explanation;

c) Representatives of attendants shall offer their opinions;

d) The Nationality Council or the Committee of National Assembly shall hold discussions;

dd) The chairperson of the meeting shall summarize the contents of the meeting;

e) The Nationality Council or the Committee of National Assembly shall vote on the document's contravention if necessary.

If the legislative document is in contravention of the Constitution, laws or resolutions of the National Assembly, or ordinances or resolutions of the Standing Committee of the National Assembly, the Nationality Council or the Committee of National Assembly shall request the issuing agency or individual in writing to promulgate another document on amendments to or annulment of part of the whole of that document.

4. Within 30 days from the date on which the request is received, the issuing agency or individual must consider implementing the request and then notify the Nationality Council or the Committee of National Assembly.

After the aforesaid deadline, if the issuing agency or individual fails to implement the request or satisfy requirements, the Nationality Council or the Committee of National Assembly shall request the Standing Committee of National Assembly or the Prime Minister to suspend implementation, or repeal part or the whole of such document.

5. The supervision results of the legislative document must be reported to the Standing Committee of National Assembly. The Nationality Council or the Committee of National Assembly shall request the Standing Committee of National Assembly to promulgate a Resolution on supervisory activities of promulgation of legislative documents if necessary.

Article 41. Specialized supervisory activities of the Nationality Council and Committees of National Assembly

1. The Nationality Council or the Committee of National Assembly shall, according to its supervisory program, shall issue a decision on establishment of a specialized supervision delegation at the request of the Standing Board of the Nationality Council or the Standing Board of Committee of National Assembly.

The decision on establishment of the supervision delegation must clarify entities, scope and contents, supervision plan, composition of the supervision delegation and supervisees.

The supervision delegation shall include a leader being the President or a Deputy President of the Nationality Council, the Chairperson or Deputy Chairperson of a Committee of National Assembly, and at least 3 members being representatives of the Nationality Council or the Committee of National Assembly, representatives of the Association of National Assembly deputies in the province where the association carries out the supervision. National Assembly deputies other than members of the Nationality Council or the Committee of National Assembly, representatives of relevant agencies or organizations may be invited to attend the activities of the supervision delegation. Relevant agencies or organizations must enable attendants to participate in activities of the supervision delegation.

2. Each supervision delegation shall have the following duties and powers:

a) Formulate draft of a report for the supervisees;

b) Notify the contents, plan and draft of the report to the supervisees and the Association of National Assembly deputies of the province where the supervision is carried out within 15 days from the date on which the decision on establishment of the supervision delegation is issued; notify program and composition of the supervision delegation within 10 days before the date on which the supervision delegation carries out the supervisory activities;

c) Strictly implement the supervisory contents and plan;

d) Request each supervisee to report in writing; provide information or materials related to the supervisory contents and explanation for the matters in which the supervision delegation is interested;

dd) Examine and assess the report sent by the supervisee, invite specialists to provide consultancy, collect information and exchange views on the issues that the supervision delegation deems it necessary with relevant persons;

e) When detecting a violation of law, which cause harms to the interests of the State, the legitimate rights and interests of organizations and/or individuals, the supervision delegation may request the relevant entities to apply measures to timely put an end to the violation acts and restore the interests of the State, the legitimate rights and interests of the infringed organizations and/or individuals; request competent entities to examine the responsibilities of the agencies, organizations and/or individuals committing the violation as provided for by law;

g) Upon the conclusion of the supervisory activities, the supervision delegation must send supervision results to the Nationality Council or the Committee of National Assembly for consideration.

Article 42. Examining reports of supervision delegations by the Nationality Council and Committees of the National Assembly

1. The Nationality Council or the Committee of National Assembly shall, according to the supervised issue, hold a meeting of the Nationality Council or the Committee of National Assembly to examine and discuss the report of a supervision delegation.

2. The report of the supervision delegation shall be examined according to the following procedures:

a) A representative of the supervision delegation shall present the supervision report;

b) Representatives of supervisees offer their opinions;

c) The Nationality Council or the Committee of National Assembly shall hold discussions.

The representative of supervision delegation may provide additional relevant issues during the discussion;

d) The chairperson of the meeting shall summarize the contents of the meeting;

dd) The Nationality Council or the Committee of National Assembly shall vote on necessary matters;

3. The Nationality Council or the Committee of National Assembly shall send reports on supervision results to the Standing Committee of National Assembly, supervisees and relevant entities.

4. The supervisee must implement supervisory proposals of the Nationality Council or the Committee of National Assembly; if it does not implement or implement supervisory proposals incompletely, the Nationality Council or the Committee of National Assembly shall report it to the Standing Committee of National Assembly for consideration.

Article 43. Explanation at sessions of the Nationality Council and Committees of National Assembly

1. The Nationality Council or Committees of National Assembly shall, according to the supervisory program, request members of the Government, the Chief Justice of the Supreme People’s Court, the Chief Procurator of the Supreme People’s Procuracy, the State Auditor General and relevant individuals to provide explanation for issues in the fields that are in charge by the Nationality Council and the Committees of National Assembly.

The organization of explanation, contents and plan for explanation and persons in charge of explanation shall be decided by the Standing Board of the Nationality Council or the Standing Board of the Committee of National Assembly.

The person in charge of explanation must send reports and explanation at the request of the Nationality Council or the Committee of National Assembly.

2. Explanation shall be carried out at sessions of the Nationality Council or the Committee of National Assembly.

The Nationality Council, Committees of National Assembly, National Assembly deputies and, relevant entities, specialists, scientists, and entities suffering from effect of a policy may be invited to the meeting of explanation and offer opinions.

3. The explanation contents and plan of the Nationality Council or the Committee of National Assembly shall be informed to the person in charge of explanation, members of the Nationality Council or the Committee of National Assembly and other attendants within 10 days before the meeting of explanation is held.

4. A meeting of explanation of the Nationality Council or the Committee of National Assembly shall be held publicly, except for cases that the Standing Board of the Nationality Council or the Standing Board of the Committee of National Assembly decides.

5. A meeting of explanation shall be carried out according to the following procedures:

a) The chairperson shall present the issue requiring explanation and the person in charge of explanation;

b) Attendants of the Nationality Council or the Committee of National Assembly present issues requiring explanations;

c) The person in charge of explanation shall provide explanation for the required issues;

d) Representatives of attendants offer their opinions;

dd) The chairperson summarize the explanation contents and make a provisional conclusion on the issues,

e) The Nationality Council or the Committee of National Assembly shall consider adopting the conclusion on the issues. The conclusion is ratified when it is voted for by more than half of the participating members of the Nationality Council or the Committee of National Assembly.

The conclusion of the Nationality Council or the Committee of National Assembly shall be sent to the Standing Committee of National Assembly, National Assembly deputies, the person in charge of explanation and relevant agencies and organizations.

6. The relevant agencies and individuals must implement the conclusion of the Nationality Council or the Committee of National Assembly; if it does not implement or implement the conclusion incompletely, the Nationality Council or the Committee of National Assembly shall report it to the Standing Committee of National Assembly for consideration.

Article 44. Supervising settlement of complaints of citizens

1. The Nationality Council or the Committee of National Assembly shall, within their tasks and powers, supervise settlement of complaints of citizens in the fields that are in charge by the Nationality Council and the Committee of National Assembly.

2. When a complaint is lodged by a citizen, the Standing Board of the Nationality Council or the Standing Board of the Committee of National Assembly shall take actions against it, and then transfer it to a competent entity for consideration if necessary.

The competent entity must consider and settle the complaint before the regulatory deadline and notify its settlement to the Nationality Council or the Committee of National Assembly within 7 days from the date on which the decision on settlement of the complaint is issued. If the Nationality Council or the Committee of National Assembly disagrees with the decision on settlement results, it is entitled to request the head of the superior authority of the aforesaid competent entity to settle the complaint/denunciation/petition and sent its settlement results to the Nationality Council or the Committee of National Assembly.

3. In necessary circumstances, the Nationality Council or the Committee of National Assembly may request competent entity to send reports; request relevant entities or the complainant present and provide information and materials in which the Nationality Council or the Committee of National Assembly is interested; establish an specialized supervision delegation; and assign its members to examine and verify the matters in which it is interested.

Article 45. Proposing the Standing Committee of National Assembly to request the National Assembly to take votes of confidence for dismissals of officials

1. During the supervision process, if an official is detected that commit violations of law or fail to perform his/her assignments that cause serious damage to interests of the State and lawful rights and interests of organizations or individuals or a proposal for vote of confidence for dismissal of an official made by at least 20% of total number of members of the Nationality Council or the Committee of National Assembly, the Standing Board of the Nationality Council or the Standing Board of the Committee of National Assembly must report it to the Nationality Council or the Committee of National Assembly for consideration.

2. The Standing Committee of the National Assembly or the Committee of National Assembly shall examine a proposal for vote of confidence for dismissal of an official at its session according to the following procedures:

a) The Standing Board of the Nationality Council or the Standing Board of the Committee of National Assembly shall report the proposal for vote of confidence for dismissal of the official to the Nationality Council or the Committee of National Assembly;

b) Representatives of attendants offer their opinions;

c) The Nationality Council or the Committee of National Assembly shall hold discussions;

d) The Nationality Council or the Committee of National Assembly shall vote on the proposal by secret ballot.

If at least two-third of total number of members of the Standing Committee of National Assembly votes for the proposal, the Nationality Council or the Committee of National Assembly shall request the Standing Committee of National Assembly to take a vote of confidence for dismissal of that official.

Article 46. The competence of the Nationality Council or the Committee of National Assembly to examine supervision results

According to supervision results, the Nationality Council or the Committee of National Assembly is competent to:

1. Request competent entities to amend, suspend from implementation, and repeal part or the whole of legislative documents;

2. Send proposals for issues in the fields that are in charge by the Nationality Council and the Committees of National Assembly to the Prime Minister, members of the Government, the Chief Justice of the Supreme People’s Court, the Chief Procurator of the Supreme People’s Procuracy, the State Auditor General and the heads of relevant agencies or organizations. The recipient of proposal must provide a reply within 15 days from the receipt of the proposal.  After the above deadline, if the Nationality Council or the Committee of National Assembly does not receive any reply or disagree with the reply, it may request the President of National Assembly to require the recipient of proposal provide reply at a session of the Standing Committee of National Assembly or the latest session of the National Assembly; if the recipient of proposal is the President of People’s Committee of a province, the Nationality Council or the Committee of National Assembly shall request the Prime Minister for consideration;

3. Request competent entities to apply measures to timely put an end to the violation acts, examine responsibility and actions against violators and restore the interests of the State, the legitimate rights and interests of the infringed organizations and/or individuals.

Section 4. SUPERVISORY ACTIVITIES OF NATIONAL ASSEMBLY DEPUTIES AND NATIONAL ASSEMBLY DELEGATIONS

Article 47. Supervisory activities of National Assembly deputies

1. National Assembly deputies shall carry out supervisory activities below:

a) Interpellating interpellated persons prescribed in Point dd Clause 1 Article 4 of this Law;

b) Supervising legislative documents and supervising the implementation of law;

c) Supervising settlement of complaints of citizens.

2. Each National Assembly deputy shall exercise his/her supervisory activities himself/herself or participate in supervisory activities of National Assembly delegations; participate in supervision delegations of the National Assembly, the Standing Committee of National Assembly, the Nationality Council, or Committees of National Assembly in the province upon request.

Article 48. Supervisory activities of National Assembly delegations

1.  The National Assembly delegation of each province shall carry out supervisory activities below:

a) Carrying out specialized supervision pertaining to the implementation of law in the province;

b) Supervising settlement of complaints lodged of citizens transferred by National Assembly deputies or the National Assembly delegation to competent entities;

c) Assign National Assembly deputies in the National Assembly delegation to participate in a supervision delegation of the National Assembly, the Standing Committee of National Assembly, the Nationality Council, or Committees of National Assembly in the province upon request.

2. The National Assembly delegation shall enable its National Assembly deputies to supervise the province.

Article 49. Supervisory activities of National Assembly deputies and National Assembly delegations

Each National Assembly deputy shall draw up his/her annual supervisory program and send it to his/her National Assembly delegation.

The National Assembly delegation shall, according to supervisory programs of its National Assembly deputies, the supervisory program of the National Assembly, the Standing Committee of National Assembly, the Nationality Council or Committees of National Assembly, actual conditions of the province, requests of the Committee of Vietnamese Fatherland Front of the province and proposals of electors in the province, draw up its annual supervisory program and report it to the Standing Committee of National Assembly. The National Assembly delegation shall implement its supervisory activities and enable its National Assembly deputies to carry out their own supervisory programs.

Annually, each National Assembly delegation shall send a report on implementation of its supervisory program and supervisory programs of their National Assembly deputies to the Standing Committee of National Assembly.

Article 50. Interpellation of National Assembly deputies

1. Each National Assembly deputy is entitled to take oral interpellations at sessions of the National Assembly or the Standing Committee of National Assembly or send written interpellations to interpellated person(s) prescribed in Point dd Clause 1 Article 4 of this Law.

2. The contents of each interpellation must be specific, clear, good reasons and relevant to the tasks, powers and responsibility of interpellated persons.

3. The procedures for interpellation at each session of the National Assembly or the Standing Committee of National Assembly shall be performed as prescribed in Article 15 and Article 26 of this Law, internal regulations of the session and working regulations of the Standing Committee of National Assembly.

Within 20 days from the receipt of a written interpellation, the interpellated person must provide a reply to the interpellor and the Standing Committee of National Assembly.

Article 51. Supervising legislative documents by National Assembly deputies

Each National Assembly deputy must examine contents of legislative documents. If a legislative document is in contravention of the Constitution, laws or resolutions of the National Assembly, or ordinances or resolutions of the Standing Committee of the National Assembly, the National Assembly deputy is entitled to request the competent entity in writing amend, suspend from implementation, or repeal part of the whole of such legislative document. If the issuing agency or individual of that document fails to comply with the request or its response to the request does not satisfy the requirement, the National Assembly deputy shall report it to the Standing Committee of National Assembly for consideration as prescribed.

Article 52. Supervising implementation of law in provinces by National Assembly delegations

1. Each National Assembly delegation shall, according to its supervisory program or at the request of the National Assembly or the Standing Committee of National Assembly or at the assignment of implementation of supervisory of National Assembly or the Standing Committee of National Assembly, establish a specialized supervision delegation in charge of implementation of law in the province.

The supervisory contents and plan, composition of the supervision delegation and supervisees shall be decided by the National Assembly delegation.

The supervisee shall be informed of the supervisory contents and plan at least 10 days before the date on which the supervisory activities are carried out.

The supervision delegation shall include a leader being the leader or deputy leader of the National Assembly delegation and three members being National Assembly deputies in the National Assembly delegation.

Representatives of relevant agencies or organizations may be invited to participate in the activities of the supervision delegation.

The relevant agencies or organizations must enable attendants to participate in activities of the supervision delegation.

2. Each supervision delegation shall, during its conduct of supervision, have the following tasks and powers:

a) Strictly implement the supervisory contents and plan according to the decision on establishment of the supervision delegation;

b) Request each supervisee to report in writing, provide information or materials related to the supervisory contents and explanation for the matters in which the supervision delegation  is interested; examine and settle issues related to implementation of policies, law or socio-economic lives of the people of the province;

c) Examine and invite specialists to provide consultancy on issues that the supervision delegation deems it necessary;

d) Request the relevant entities to apply measures to timely put an end to the violation acts and restore the interests of the State, the legitimate rights and interests of the infringed organizations and/or individuals; request competent to examine the responsibility of the agency, organization and/or individual committing the violation as provided for by law.

3. Within 10 days from the end day of supervisory activities, the supervision delegation must send a report on supervision results to the National Assembly delegation.

4. According to the nature and contents of the supervised issues, the National Assembly delegation shall examine the proposal of the supervision delegation and send it to the supervisee.

Each report on supervision results of the National Assembly delegation at request of supervision delegation of the National Assembly or the Standing Committee of National Assembly shall be sent to such authority.

Article 53. Supervising implementation of law in provinces by National Assembly deputies

1. Each National Assembly deputy, according to his/her supervisory program, supervises the implementation of law in the province.

The National Assembly deputy shall decide his supervisory contents and plan and supervisees and send it to his/her National Assembly delegation.

The National Assembly delegation must enable the National Assembly deputy to supervise the implementation of law in the province; send notification of the supervisory contents and plan of the National Assembly deputy to his/her supervisees within 10 days before the start day of supervisory activities; ensure funding, equipment and other necessary conditions to serve the supervisory activities of the National Assembly deputy.

2. Each National Assembly deputy, during his/her conduct of supervision, shall have the following duties and powers:

a) Strictly implement the supervisory contents and plan;

b) Request each supervisee to report in writing, provide information or materials related to the supervisory contents and explanation for the matters in which the National Assembly deputy is interested; examine and settle issues related to implementation of policies, law or socio-economic lives of the people of the province;

c) Examine and invite specialists to provide consultancy on issues that the National Assembly deputy deems it necessary;

d) Request the relevant entities to apply measures to timely put an end to the violation acts and restore the interests of the State, the legitimate rights and interests of the infringed organizations and/or individuals; request competent to examine the responsibility of the agency, organization and/or individual committing the violation as provided for by law.

3. Within 10 days from the end day of supervisory activities, the National Assembly deputy must send a report on supervision results to the supervisee and his/her National Assembly delegation.

Article 54. Supervising settlement of complaints of citizens by National Assembly deputies

1. Each National Assembly delegation must enable its National Assembly deputies to receive citizens and supervise competent entities in the settlement of complaints of citizens.

2. Upon the receipt of a complaint lodged by a citizen, the National Assembly deputy must examine it and promptly transfer it to a competent entity and notify the complainant, and then expedite and supervise its settlement. The entity competent to settlement must send a report on settlement of the complaint of the citizen by the regulatory deadline to the National Assembly deputy.

Where the settlement of the complaint is deemed unlawful, the National Assembly deputy is entitled to meet with the head of the competent entity for examination and request for re-examination; in necessary circumstances, the National Assembly deputy may request the head of the superior entity of that entity for settlement.

3. The National Assembly deputy is entitled to request relevant entities or the complainant to present and provide related information or materials, and examine and verify the issues in which he/she is interested.

Article 55. Right to request information provision

1. The National Assembly deputy is entitled to request relevant entities or the complainant to present and provide related information or materials related to their tasks.

2. The heads of those relevant entities must respond to the request of the National Assembly deputy within 5 days from the date on which the request is received.

Article 56. Competence of National Assembly deputies and National Assembly delegations to examine supervision results

1. According to supervision results, each National Assembly deputy or National Assembly delegation is competent to:

a) Request competent entities to amend, suspend from implementation, and repeal part or the whole of legislative documents;

b) Request competent entities to examine and settle issues concerning policies and law. The recipient of the proposal must provide a reply within 15 days from the receipt of the proposal.  After the above deadline, if the National Assembly deputy does not receive any reply or disagree with the reply, he/she may request the competent entities for settlement and report the Standing Committee of National Assembly for consideration;

c) Request competent entities to apply measures to timely put an end to the violation acts, examine responsibility and actions against violators and restore the interests of the State, the legitimate rights and interests of the infringed organizations and/or individuals.

2. Except for the rights prescribed in Clause 1 of this Article, each National Assembly deputy is entitled to propose the Standing Committee of National Assembly to request the National Assembly to take a vote of confidence for dismissal of an official voted or ratified by the National Assembly.

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