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

Chapter III

SUPERVISORY ACTIVITIES OF PEOPLE’S COUNCILS

Section 1. SUPERVISION ACTIVITIES OF PEOPLE’S COUNCILS

Article 57. Supervisory activities of a People's Council

1. Examining working reports the Standing Board of the People’s Council, People’s Committee, People’s Court, the People’s Procuracy, civil enforcement agency at the same administrative level and other reports prescribed in Article 59 of this Law.

2. Considering the answers of the interpellated persons prescribed in Point dd Clause 1 Article 5 of this Law.

3. Examining decisions of the People’s Committee at the same administrative level, resolutions of inferior People’s Councils in contravention of the Constitution, laws and other legislative documents of their superior regulatory agencies, and resolutions of People’s Councils at the same administrative level.

4. Carrying out specialized supervision.

5. Take votes of confidence for evaluation or dismissal of officials voted or ratified by the People’s Council.

Article 58. Supervisory programs of a People’s Council

1. The Standing Board of the People’s Council shall prepare an annual supervisory program of People’s Council at the requests of Boards of People’s Council, People’s Council deputies, the Standing Board of Committee of Vietnamese Fatherland Front at the same administrative level and proposals of electors of the administrative division which was submitted to the People’s Council for consideration at the midyear session of the previous year.

No later than March 1 of the previous year, the Boards of People’s Council, People’s Council deputies, the Standing Board of Committee of Vietnamese Fatherland Front at the same administrative level and electors of the administrative division shall send supervisory requests and proposals for supervisory program of the People's Council to the Standing Board of the People’s Council. Each supervisory request or proposal must clarify the necessity, contents, scope and supervisee(s).

Each Office of People’s Council of province, the assisting department of each People’s Council of district and commune shall synthesize supervisory requests and proposals and report them to the Standing Board of the People’s Council. The Standing Board of the People’s Council shall discuss and prepare a supervisory program of the People’s Council and send it to the People’s Council for consideration within 10 days before the opening day of the midyear session of the People’s Council.

2. Each People’s Council shall decide its annual supervisory program according to the following procedures:

a) The Standing Board of the People’s Council shall present a statement of provisional supervisory program;

b) The National Assembly shall hold discussions;

c) The People’s Council shall vote on its supervisory program.

3. The Standing Board of the People’s Council shall promulgate a plan and implement the supervisory program of the People’s Council, except for the case prescribed in Article 62 of this Law.

4. The Standing Board of the People’s Council shall report implementation results of its annual supervisory program to the People’s Council at its midyear session of the next year.

Article 59. Examination of reports

1. The People’s Council shall examine the following reports:

a) Biannual and annual working reports the Standing Board of the People’s Council, each Board of People’s Council, the People’s Committee, the People’s Court, the People’s Procuracy, and civil enforcement agency at the same administrative level;

b) Term-end working reports the Standing Board of the People’s Council, each Board of People’s Council, the People’s Committee, the People’s Court, the People’s Procuracy at the same administrative level;

c) The People’s Committee’s reports on society and economics; the People’s Committee’s reports on government budget execution, government budget statement; the People’s Committee’s reports on corruption prevention and control; the People’s Committee’s reports on thrift practice and waste combat; the People’s Committee’s reports on crime prevention and control and legal violations; the People’s Committee’s reports on settlement of complaints of electors;

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

dd) Other reports at the request of the Standing Board of the People’s Council.

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

a) At each midyear and year-end session, the People’s Council shall examine and discuss the reports prescribed in Point a and c Clause 1 of this Article;

b) At the term-end session, the People’s Council shall examine and discuss the reports prescribed in Point b Clause 1 of this Article;

c) The time of examination of reports prescribed in Point d and dd Clause 1 of this Article shall be specified by the Standing Board of the People’s Council.

3. According to the assignment of the Standing Board of the People’s Council, each Board of the People’s Council shall assess the reports prescribed in Clause 1 of this Article, other than the reports of the Standing Board of the People’s Council and Boards of the People’s Council.

4. Each People’s Council shall examine and discuss the reports according to the following procedures:

a) A reporting authority shall present its report;

b) The Board Head of the People’s Council shall present a report on assessment;

c) The head of reporting authority may additionally present relevant issues in which the People’s Council is interested;

d) The People’s Council shall hold discussions;

dd) The People’s Council may issue a resolution on necessary tasks for the reporting authority.

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

Article 60. Interpellation and examination of replies to interpellation at each People’s Council’ session

1. Before each interpellation meeting, People's Council deputies shall clearly write the interpellating contents and interpellated persons in the interpellation cards and send them to the Standing Board of the People's Council.

2. According to the agenda of the session, opinions and proposals of electors, concerned social issues and interpellation cards of People's Council deputies, the Standing Board of the People's Council shall request the People's Council to decide groups of interpellation issues and interpellated persons.

3. The interpellation at each People's Council’s session shall be carried out following the procedures below:

a) A People's Council 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 People's Council 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 People's Council deputy that relates to the issue(s) under their responsibility.

The time of providing interpellations and replying to interpellations shall comply with the Operation regulation of the People’s Council and People’s Council deputies

4. The People's Council 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 written reply shall be sent to the interpellor being People’s Council deputy and the Standing Board of the People's Council within 20 days from the date of interpellation.

After receiving the reply to interpellation, if the People's Council deputy disagrees with the reply content, he/she may request the Standing Board of the People's Council include it in the agenda of a meeting of the People’s Council or propose the People's Council to examine the responsibility of the interpellated person.

5. The People's Council may issue a resolution on the concerned interpellation. The contents of the resolution shall comply with Clause 5 Article 15 of this Law.

6. Each interpellation meeting shall be broadcast live, except for the case decided by the People's Council.

7. Within 20 days before the opening date of a session, the interpellated person must send a report on implementation of the People's Council’s resolution related to the interpellation and realization of the matters he/she pledged at the previous sessions to the Standing Board of the People's Council for People’s Council deputies.

Article 61. Examining legislative documents in contravention of the Constitution, laws and other legislative documents of their superior regulatory agencies and resolutions of People’s Councils at the same administrative level

1. Each People's Council shall examine decisions of the People’s Committee at the same administrative level, resolutions of direct-inferior People’s Councils in contravention of the Constitution, laws and other legislative documents of their superior regulatory agencies, its resolutions at the request of the Standing Board of the People's Council.

2. Each People's Council shall a legislative document prescribed in Clause 1 of this Article following the procedures below:

a) A representative of the Standing board of the People’s Council shall present a statement of the legislative document;

b) The People's Council shall hold discussions;

c) The head of the issuing agency shall provide explanation for relevant matters;

d) The People's Council may 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 superior regulatory agencies or resolution of People's Council at the same administrative level, if the second case prevails, part or the whole of such legislative document shall be annulled.

Article 62. Specialized supervisory activities of the People’s Council

1. The People's Council shall, according to its supervisory program, issue a resolution on establishment of a specialized supervision delegation at the request of the Standing Board of the People's Council.

The People's Council’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 People's Council and other members being members of the Standing Board of the People's Council, representatives of Boards of the People's Council and some the People’s Council deputies. Representatives of the Committee of Vietnamese Fatherland Front at the same administrative level and members of the Vietnamese Fatherland Front may be invited to participate in 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 within 15 days from the date on which the People’s Council 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) Strictly implement the supervisory contents and plan;

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

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

e) When detecting acts of law violation, 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 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 responsibilities of the agencies, organizations and/or individuals committing acts of 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 People's Council for consideration at the latest session.

Before sending the report to the People's Council, the supervision delegation shall send a report on supervision results to the Standing Board of the People's Council.

3. The People's Council shall examine the report of the supervision delegation following the procedures below:

a) The supervision delegation sends a supervision report;

b) A representative of the supervisee shall present its explanation report;

b) The People's Council shall hold discussions;

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

d) The People's Council may issue a resolution on the concerned supervision. The contents of the resolution on specialized supervision shall comply with Clause 4 Article 16 of this Law.

4. The resolution on specialized supervision shall be sent to the supervisee and relevant entities.

Article 63. The People's Council taking vote of confidence for evaluation of officials 

1. Each People's Council shall take a vote of confidence for evaluation of any of the following officials:

a) The President of the People’s Council, Deputy Presidents of the People’s Council, and Heads of Boards of the People’s Council; the Chief Officer of the People’s Council for the People’s Council of province;

b) The President of the People’s Committee, Deputy Presidents of the People’s Committee, members of the People’s Committee.

2. The vote of confidence for evaluation of officials shall be taken at a People’s Council’s session as follows:

a) The Standing Board of the People's Council shall request the People's Council to decide a list of officials given vote of confidence for their evaluation;

b) The People's Council takes votes of confidence for evaluation by secret ballot;

c) The Standing Board of the People's Council shall request the People's Council to ratify a resolution on confirmation 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 People's Council deputies may apply for resignation.

Each official given votes of poor confidence casted by more than two-third of the total number of People's Council deputies shall be given votes of confidence for dismissal by the People's Council at the request of the Standing Board of the People's Council.

4. Apart from regulations in this Article, the regulations on deadline, time and procedures for votes of confidence for evaluation of officials voted or ratified by the People's Council shall be implemented in accordance with resolutions of the National Assembly.

Article 64. The People's Council taking vote of confidence for dismissal of officials

1. The People's Council shall take votes of confidence for dismissals of an official voted by the People's Council upon any of the requests or the case below:

a) A request of at least one-third of total number of People’s Council deputies;

b) A request of the Committee of Vietnamese Fatherland Front at the same administrative level;

c) The official is given votes of poor confidence casted by more than half of the total number of People's Council deputies.

2. The procedures for votes of confidence for dismissal of officials voted by the People's Council at a People's Council’s session shall be followed as follows:

a) The Standing Board of the People's Council shall request the People's Council to take vote of confidence for dismissal of officials;

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

c) The People's Council shall hold discussions;

d) The People's Council takes votes of confidence for dismissal by secret ballot;

dd) The Standing Board of the People's Council shall request the People's Council to ratify a resolution on confirmation of the vote of confidence for dismissal of officials;

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

4. Apart from regulations in this Article, the procedures for votes of confidence for dismissal of officials voted by the People's Council shall be initiated in accordance with resolutions of the National Assembly.

Article 65. Competence of the People’s Council to examine supervision results

According to supervision results, the People's Council is competent to:

1. Repeal part or the whole of decisions of the People’s Committee at the same administrative level, resolutions of direct-inferior People's Councils

2. Issue resolutions on interpellation;

3. Dismiss or discharge the President of the People’s Council, Deputy Presidents of the People’s Council, Heads of Boards of the People’s Council, the Chief Officer of the People’s Council for the People’s Council of province; the President of the People’s Committee, Deputy Presidents of the People’s Committee and members of the People’s Committee.

4. Dissolve direct-inferior People’s Councils that cause serious damage to the people’s interests.

Section 2. SUPERVISION ACTIVITIES OF THE STANDING BOARD OF PEOPLE'S COUNCILS

Article 66. Supervisory activities of the Standing Board of e People's Council

1. Examining decisions of the People’s Committee at the same administrative level, resolutions of direct-inferior People’s Councils in contravention of the Constitution, laws and other legislative documents of their superior regulatory agencies, and resolutions of People’s Councils at the same administrative level.

2. Examining the replies to interpellation of the interpellated persons prescribed in Point dd Clause 1 Article 5 of this Law in the recess of two People's Council’s sessions.

3. Carrying out specialized supervision.

4. Carrying out explanation activities at sessions of the Standing Board of the People's Council.

5. Examining the settlement of complaints of citizens.

6. Examining the settlement of petitions of electors.

Article 67. Supervisory programs of the Standing Board of each People's Council 

1. The Standing board of the People’s Council shall decide its annual supervisory program according to the supervisory program of the People’s Council, opinions of members of the Standing Board of the People's Council, requests of Boards of People’s Council, People’s Council deputies, the Standing board of Committee of Vietnamese Fatherland Front at the same administrative level and proposals of electors of the administrative division.

Within 5 days before the opening day of the year-end session of the People’s Council, the Boards of People’s Council, People’s Council deputies, the Standing Board of Committee of Vietnamese Fatherland Front at the same administrative level shall send supervisory requests for supervisory program of the Standing Board of the People’s Council. Each supervisory request must clarify the necessity, contents, scope and supervisor(s).

Each Office of People’s Council of province, the assisting department of each People’s Council of district and commune shall synthesize supervisory requests and report them to the Standing board of the People’s Council.

2. The annual supervisory program shall be decided by the Standing board of the People’s Council within 15 days from the closing day of the year-end session of the previous year of the People’s Council.

The Standing board of each People’s Council shall decide its annual supervisory program according to the following procedures:

a) Each Office of People’s Council of province, the assisting department of each People’s Council of district and commune shall present a provisional supervisory program of the Standing board of the People’s Council;

b) The Standing Board of the People's Council shall hold discussions;

c) The Standing Board of the People's Council shall ratify the supervisory program.

3. According to its approved supervisory program, the Standing board of the People’s Council assign members of the Standing board of the People’s Council to carry out the program; assign the Boards of the People’s Council to carry out some matters of the supervisory program and send reports on implementation results to the Standing board of the People’s Council whenever necessary.

4. The Standing Board of People’s Council shall report implementation results of its annual supervisory program to the People’s Council at its midyear session of the next year.

Article 68. Examining decisions of the People’s Committee at the same administrative level, resolutions of inferior People’s Councils in contravention of the Constitution, laws and other legislative documents of their superior regulatory agencies, and resolutions of People’s Councils at the same administrative level

1. The Standing Board of the People's Council shall examine decisions of the People’s Committee at the same administrative level, resolutions of direct-inferior People’s Councils in contravention of the Constitution, laws and other legislative documents of their superior regulatory agencies, and resolutions of People’s Councils at the same administrative level in any of the following cases:

a) Discovering legislative documents in contravention of Constitution, laws or legislative documents of their superior regulatory agencies, or resolutions of the People's Council at the same administrative level;

b) Conforming to the request of Boards of the People’s Council or People's Council deputies;

c) Conforming to the request of the People’s Committee, the Committee of Vietnamese Fatherland Front at the same administrative level.

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

The relevant Board of the People's Council in charge must take charge and cooperate in assessment of the proposals for legislative documents in contravention of the Constitution, laws and other legislative documents of their superior regulatory agencies and resolutions of People’s Councils at the same administrative level.

3. The Standing board of the People's Council shall examine legislative documents prescribed in Clause 1 of this Article following the procedures below:

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

b) The Board Head of the People’s Council shall present a report on assessment;

c) Representatives of attendants offer their opinions;

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

dd) The Standing Board of the People's Council shall hold discussions;

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

4. If a legislative document is in contravention of the Constitution, laws or legislative documents of superior agencies, or resolutions of the People’s Council at the same administrative level, the Standing Board of the People's Council is entitled to request the issuing agency to amend part or the whole of the document; if that issuing agency fails to comply with its request, the Standing Board of the People's Council shall request the People’s Council for consideration.

Article 69. Interpellation and examination of replies to interpellation at sessions of the Standing Board of the People's Council in the recess of two People's Council’s sessions

1. In the recess of two People's Council’s sessions, People's Council deputies may write the interpellation, interpellated persons on interpellation cards and send them to the Standing Board of the People's Council.

According to the agenda of the session, opinions and proposals of electors, concerned social issues and interpellation cards of People's Council deputies, the Standing Board of the People's Council shall request the People's Council to decide groups of interpellation issues and interpellated persons.

2. The interpellation at each session of Standing Board of the People's Council shall be carried out following the procedures below:

a) A People's Council 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 People's Council 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 People's Council deputy that relates to the issue(s) under their responsibility.

The time of providing interpellations and replying to interpellations shall comply with the Operation regulation of the People’s Council and People’s Council deputies

3. The Standing Board of the People's Council 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 written reply shall be sent to the interpellor being People’s Council deputy and the Standing Board of the People's Council within 20 days from the date of interpellation.

After receiving the reply to interpellation, if the People's Council deputy disagrees with the reply content, he/she may request the Standing Board of the People's Council include it in the agenda of a meeting of the People’s Council or propose the Standing Board of the People's Council or the People's Council to examine the responsibility of the interpellated person.

Article 70. Specialized supervisory activities of the Standing Board of the People's Council

1. The Standing Board of the People's Council shall, according to its supervisory program, establish a specialized supervision delegation.

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 a Deputy President of the People's Council or member of the Standing Board of the People's Council and other members being members of the Boards of the People's Council and some the People’s Council deputies. Representatives of the Committee of Vietnamese Fatherland Front and members of the Vietnamese Fatherland Front may be invited to participate in 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 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 works with the supervisees;

c) Strictly implement the supervisory contents and plan;

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

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

e) When detecting acts of law violation, 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 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 responsibilities of the agencies, organizations and/or individuals committing acts of violation as provided for by law;

g) Within 15 days from the closing day of supervisory activities, the supervision delegation must send a report on supervision results to the Standing Board of the People's Council for consideration.

3. The Standing Board of the People’s Council must report its supervisory activities in the recess of two sessions of the People’s Council to the People’s Council.

Article 71. Report on supervision results of each supervision delegation

1. Within 7 days from the date on which a report on supervision results of the supervision delegation is received, the Standing Board of the People’s Council must examine the report according to the following procedures:

a) The leader shall present the supervision report;

b) Representatives of supervisees offer their opinions;

b) The Standing Board of the People's Council shall hold discussions;

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

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

The conclusion of the Standing Board of the People's Council shall be sent to the supervisees and relevant entities.

3. The Standing Board of the People's Council must monitor the settlement of proposals of the supervisees.

4. In exceptional circumstances, the Standing Board of the People's Council shall request the People's Council to examine the report on supervision results of the supervision delegation at the latest session.

Article 72. Explanation activities at sessions of the Standing Board of the People's Council

1. The Standing Board of the People's Council shall, according to its supervisory program, request members of the People’s Committee, the Chief Justice of the Supreme People’s Court, the Chief Procurator of the Supreme People’s Procuracy at the same administrative level and relevant individuals to provide explanation for issues in which the Standing Board of the People's Council is interested.

The organization of explanation, contents and plan for explanation and required persons shall be decided by the Standing board of the People’s Council.

The person in charge of explanation must send reports and explanation at the request of the Standing Board of the People's Council.

Attendants being People's Council deputies shall offer their opinions. Relevant entities, specialists, and scientists may be invited and offer their opinions.

2. The explanation contents and plan of the Standing board of the People’s Council shall be informed to the person in charge of explanation, within 10 days before the meeting of explanation is held.

3. A meeting of explanation shall be held publicly, except for cases that the Standing board of the People’s Council decides.

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

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

b) Attendants of the Standing board of the People’s Council and the People’s Council deputies shall 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, provisional conclusion on the issues,

The Standing Board of the People's Council 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 Standing Board of the People's Council.

The conclusion of the Standing board of the People’s Council shall be sent to People's Council deputies, the person in charge of explanation and relevant entities.

5. The relevant entities must implement the conclusion of the Standing board of the People’s Council; if it does not implement or implement the conclusion incompletely, the Standing board of the People’s Council shall report it to the People's Council for consideration.

Article 73. Examining the settlement of complaints of citizens

1. The Standing board of the People’s Council shall supervise the implementation of law on complaints; establish a supervision delegation or assign the Boards of the People's Council to supervise settlement of complaints in the administrative division.

2. 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 board of the People’s Council may request the relevant agencies, organizations and/or individuals 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 board of the People’s Council 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 entities must comply with the request of the Standing board of the People’s Council and send reports to the Standing board of the People’s Council within 07 days from the date on which the request is received.

Article 74. Examining settlement of petitions of electors

1. The Standing board of the People’s Council must supervise the settlement of petitions of electors taken competent entities; and make a summary report on settlement of petitions of electors and send it to the People's Council at the same administrative level.

2. Each People’s Committee shall report settlement results of petitions of electors.

The report of People’s Committee on settlement results of petitions of electors must be sent to relevant Board of the People's Council for assessment at the assignment of the Standing board of the People’s Council.

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

a) A representative of the People’s Committee shall present the report;

b) The assessment agency shall present its assessment report;

c) Representatives of attendants shall offer their opinions;

dd) The Standing Board of the People's Council shall hold discussions;

e) The chairman of the session shall give a conclusion.

4. The Standing board of the People’s Council must direct to formulate a report on supervision pertaining to settlement of petitions of electors and a resolution draft on settlement of petitions of electors and submit them to the People's Council at the same administrative level.

Article 75. The responsibilities of the Standing board of the People’s Council to direct, regulate and coordinate supervisory activities

1. Examine and offer opinions about the supervisory programs and contents of the Boards of the People’s Council;

2. Request the Boards of the People’s Council to adjust their own supervisory plans to avoid duplication of supervisory activities;

3. Assign the Boards of the People’s Council to carry out some matters of the supervisory programs of the People’s Council and the Standing board of the People’s Council;

4. Quarterly hold meetings with attendance of the Head or Deputy Head of Boards of the People’s Council to cooperate in supervisory activities and assessment of results of supervisory activities;

5. Make a summary report on supervision results and submit it to the People's Council.

Section 3. SUPERVISION ACTIVITIES OF BOARDS OF THE PEOPLE’S COUNCILS

Article 76. Supervisory activities of each Board of a the People's Council

1. Assessing reports as assigned by the People's Council and/or the Standing board of the People’s Council.

2. Supervising decisions of the People’s Committee at the same administrative level and resolutions of direct-inferior People's Councils.

3. Carrying out specialized supervision.

4. Supervising actions against complaints and denunciations of citizens.

Article 77. Supervisory programs of each Board of the People’s Council

1. Each Board of the People’s Council shall decide its annual supervisory program according to the supervisory program of the People’s Council and/or the Standing board of the People's Council and proposals of members of the Board of the People's Council.

2. The annual supervisory program shall be decided by the Board of the People’s Council at the end of the previous year. The Head of Board shall implement the supervisory program; the supervisory program may be adjusted whenever necessary.

Article 78. Examination of reports

1. Within 10 days before the opening day of a session of the People’s Council, each Board of the People’s Council shall hold a meeting to assess the reports prescribed in Clause 1 Article 59 of this Law as assigned by the People's Council and/or the Standing Board of the People's Council.

2. The assessment of a report prescribed in Clause 1 of this Article shall be carried out as follows:

a) The head of the reporting authority shall present its report;

b) Representatives of attendants offer their opinions;

c) The Board of People's Council in charge shall hold discussions;

d) The head of the reporting authority shall provide additional explanation;

dd) The chairperson shall give a provisional conclusion and the Board of the People's Council shall vote on the conclusion if necessary;

3. The report on assessment of the Board of the People's Council shall be sent to the People's Council and/or the Standing board of the People’s Council at the same administrative level.

Article 79. Supervising legislative documents

1. The Board of the People's Council shall, within their tasks and powers, supervise the promulgation of decisions of the People’s Committee at the same administrative level and resolutions of direct-inferior People's Councils.

2. If a legislative document prescribed in this Article is in contravention of the Constitution, laws or legislative documents of superior agencies, or resolutions of the People’s Council at the same administrative level, the Boards of the People's Council are entitled to request the issuing agency to amend, suspend from implementation or repeal part or the whole of such document.

Within 30 days from the receipt of the request, the issuing agency must send a notification of settlement of the document to the Board of the People's Council in charge. After the aforesaid deadline, if the Board of the People's Council does not receive any reply or the reply does not satisfy the requirements, it is entitled to request the Standing Board of the People's Council for consideration.

Article 80. Specialized supervisory activities of each Board of the People’s Council

1. Each Board of the People's Council shall establish a specialized supervision delegation according to its supervisory program or through supervision pertaining to settlement of complaints lodged by citizens, through means of mass media, proposals of electors for violations of law or at the assignment of the People’s Council and/or the Standing Board of the People's Council.

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 Head of Board pr a Deputy Head of Board of the People's Council and other members being members of the Board of the People's Council and some the People’s Council deputies. Representatives of the Committee of Vietnamese Fatherland Front and members of the Vietnamese Fatherland Front may be invited to participate in 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 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 works with the supervisees;

c) Strictly implement the supervisory contents and plan;

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

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

e) When detecting acts of law violation, 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 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 responsibilities of the agencies, organizations and/or individuals committing acts of violation as provided for by law;

g) Within 10 days from the closing day of supervisory activities, the supervision delegation must send a report on supervision results to the Board of the People's Council in charge.

Article 81. Examination of reports of supervision delegation

1. The Board of the People’s Council shall, according to the supervised issue, hold a meeting to examine and discuss the report of a supervision delegation according to the following procedures:

a) The leader shall present the supervision report;

b) Representatives of supervisees offer their opinions;

c) The Board of the People's Council in charge shall hold discussions;

dd) The chairperson shall give a conclusion and the Board of the People's Council shall vote on the conclusion if necessary;

2. The report on supervision results of the Board of the People’s Council must clarify necessary measures.

3. The report on supervision results of the Board of the People’s Council must clarify necessary measures shall be sent to the Standing Board of the People's Council, the People’s Council and the supervisees.

4. The Board of the People's Council must monitor the settlement of proposals of the supervisees.

Article 82. Supervising actions against complaints and denunciations of citizens

1. The Boards of the People’s Council shall supervise the implementation of law on complaints; establish a supervision delegation to supervise settlement of complaints in the administrative division.

2. 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 Boards of the People’s Council 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; if the Board of the People’s Council disagrees with the actions against the violation taken by competent entities, it shall request the head of their superior agency or organization for consideration.

Relevant entities must comply with the request of the Board of the People’s Council and send reports to the Board of the People’s Council within 10 days from the date on which the request is received.

Section 4. SUPERVISION ACTIVITIES OF PEOPLE’S COUNCIL DEPUTIES AND GROUPS OF PEOPLE'S COUNCIL DEPUTIES

Article 83. Supervising activities of People’s Council deputies and groups of People's Council deputies

1. Each People's Council deputy shall carry out supervisory activities below:

a) Asking questions to interpellated persons prescribed in Point dd Clause 1 Article 5 of this Law;

b) Supervising decisions of the People’s Committee at the same administrative level and resolutions of direct-inferior People's Councils;

c) Assessing the implementation of law in the administrative division;

d) Supervising the settlement of complaints of citizens.

2. Each group of People’s Council deputies in province or district shall supervise the adherence to Constitution, laws and legislative documents by superior regulatory agencies and resolutions of the People’s Council at the same administrative level or other issues assigned by the People’s Council or the Standing board of the People’s Council; enable People’s Council deputies to carry out supervisory activities.

Article 84. Interpellation of People's Council deputies

1. Each National Assembly deputy is entitled to take oral interpellations at sessions of the People's Council or the Standing Board of the People's Council or send written interpellations to interpellated person(s) prescribed in Point dd Clause 1 Article 5 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 of People’s Council deputies at sessions of the People’s Council and/or the Standing Board of the People's Council shall be carried out as prescribed in Article 60 and Article 69 of this Law and operation regulation of the People’s Council and People's Council deputies.

Article 85. Supervising legislative documents

1. Each People's Council deputy must examine the contents of decisions of the People’s Committee at the same administrative level and resolutions of direct-inferior People's Councils.

2. If a legislative document is in contravention of the Constitution, laws or legislative documents of superior agencies, or resolutions of the People’s Council at the same administrative level, each People's Council deputy is entitled to request the issuing agency to amend, suspend from implementation or repeal part or the whole of such document.

Article 86. Supervising the implementation of law in the administrative divisions

1. Each National Assembly deputy shall monitor and examine the implementation of law in the administrative division regularly.

2. Each group of People's Council deputies shall enable its People’s Council deputies to supervise the implementation of law in the administrative division where they run for election.

3. Each group of People's Council deputies shall have the following duties and powers:

a) Notify the supervisory contents and plan to supervisees at least 07 days before the date on which the supervisory activities are carried out.

b) Invite representatives of relevant entities to participate in supervisory activities.

4. Each People's Council deputy, during his/her conduct of supervision, shall have the following duties and powers:

a) Strictly implement the supervisory contents and plan;

b) 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 People's Council deputy 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; if the People's Council deputy disagrees with the actions against the violation taken by competent entities, it shall request the head of their superior agency or organization for consideration;

c) Within 10 days from the closing day of supervisory activities, the People's Council deputy must send a report on supervision results to the Standing Board of the People's Council at the same administrative level.

Article 87. Supervising actions against complaints and denunciations of citizens

1. Upon the receipt of a complaint lodged by a citizen, the People's Council deputy must examine it and promptly transfer it to a competent entity for consideration, and then expedite and supervise its settlement as well as notify the complainant.

2. The competent entity must consider and settle the complaint before the regulatory deadline and notify its settlement in writing to the People's Council deputy; if the People’s Council deputy disagrees with the settlement, he/she is entitled to meet with the head of the competent entity or the head of the superior entity of that entity for settlement.