Chương II Luật về Hoạt động giám sát của Quốc hội 2003: Hoạt động giám sát tối cao của Quốc hội

Chapter II

SUPREME SUPERVISORY ACTIVITIES OF THE NATIONAL ASSEMBLY

Article 7.- Supervisory activities of the National Assembly

The National Assembly performs the supervision through the following activities:

1. Examining working reports of the State President, the National Assembly Standing Committee, the Government, the Supreme People's Court and the Supreme People's Procuracy;

2. Examining reports of the National Assembly Standing Committee on the situation of enforcement of the Constitution, laws and resolutions of the National Assembly;

3. Examining legal documents of the State President, the National Assembly Standing Committee, the Government, the Prime Minister, the Supreme People's Court or the Supreme People's Procuracy, which show signs of contravening the Constitution, laws and/or resolutions of the National Assembly;

4. Examining interpellation replies of the State President, the National Assembly chairman, the Prime Minister, ministers and other members of the Government, the chief judge of the Supreme People's Court and/or the chairman of the Supreme People's Procuracy;

5. Setting up the Provisional Committee for investigating a certain issue and examining the report on investigation results of the Committee.

Article 8.- Supervisory programs of the National Assembly

The National Assembly decides on its annual supervisory programs at the proposals of the National Assembly Standing Committee, the Nationality Council, the Committees of the National Assembly, the Associations of National Assembly deputies, National Assembly deputies, the Vietnam Father Front Central Committee and at the opinions and proposals of the voters nationwide.

The National Assembly Standing Committee shall project the supervisory program of the National Assembly and submit it to the National Assembly for consideration and decision at the year-end session of the previous year and organize the implementation of such program.

Article 9.- Examining working reports

1. At year-end sessions, the National Assembly shall examine and discuss the annual working reports of the National Assembly Standing Committee, the Government, the Supreme People's Court, the Supreme People's Procuracy. At mid-year sessions, these agencies shall forward their working reports to National Assembly deputies; when necessary, the National Assembly may examine and discuss them.

At its term-end session, the National Assembly shall examine and discuss the working reports on the whole term of the National Assembly, the State President, the National Assembly Standing Committee, the Prime Minister, the chief judge of the Supreme People's Court, the chairman of the Supreme People's Procuracy.

The National Assembly may request the National Assembly Standing Committee, the Government, the Supreme People's Court and/or the Supreme People's Procuracy to report on other issues when deeming it necessary.

2. The working reports prescribed in Clause 1 of this Article, except the reports of the National Assembly, the National Assembly Standing Committee and the State President, must be verified by the Nationality Council and/or Committees of the National Assembly according to the assignment by the National Assembly Standing Committee.

3. The National Assembly shall examine and discuss reports in the following order:

a) The heads of the agencies defined in Clause 1 of this Article present the reports;

b) The chairman of the Nationality Council or the chairman of the concerned Committee of the National Assembly presents the verification report;

c) The National Assembly holds discussions;

d) The agency heads presenting the reports may additionally present relevant matters which the National Assembly deputies are interested in;

e) The National Assembly issues resolutions on the work of the agencies which have presented their reports when deeming it necessary.

Article 10.- Examining legal documents which show signs of contravening the Constitution, laws and/or resolutions of the National Assembly

1. When detecting that legal documents of the Government, the Prime Minister, the Supreme People's Court and/or the Supreme People's Procuracy show signs of contravening the Constitution, laws and/or resolutions of the National Assembly, the National Assembly Standing Committee shall consider and suspend the implementation thereof and propose the National Assembly to consider and decide on the cancellation of parts or whole of such documents at its nearest session.

When detecting that legal documents of the National Assembly Standing Committees and/or the State President show signs of contravening the Constitution, laws and/or resolutions of the National Assembly, the National Assembly deputies shall propose the National Assembly Standing Committee and/or the State President to amend or annul parts or whole of such documents; the National Assembly Standing Committee and/or the State President shall have to examine them and reply the National Assembly deputies. In cases where the National Assembly deputies disagree with the replies of the National Assembly Standing Committee and/or the State President, they shall request the National Assembly Standing Committee to submit them to the National Assembly for consideration and decision at its nearest session.

2. The National Assembly examines legal documents of the National Assembly Standing Committee, the State President, the Government, the Prime Minister, the Supreme People's Court and/or the Supreme People's Procuracy, which show signs of contravening the Constitution, laws and/or resolutions of the National Assembly, in the following order:

a) The National Assembly Standing Committee submits to the National Assembly for consideration the legal documents which show signs of contravening the Constitution, laws and/or resolutions of the National Assembly;

b) The National Assembly holds discussions.

In the course of discussions, the heads of the agencies which have promulgated such legal documents may additionally present relevant matters;

c) The National Assembly issues resolutions that the legal documents do not contravene the Constitution, laws and/or resolutions of the National Assembly; decides to annul parts or whole of the legal documents which contravene the Constitution, laws and/or resolutions of the National Assembly.

Article 11.- Interpellation and answers at sessions

At the National Assembly sessions, the interpellation and answers thereto shall be carried out as follows:

1. National Assembly deputies clearly write the interpellating contents and the to be- interpellated persons in the interpellation cards and send them to the National Assembly chairman for transfer to the interpellated persons. The session secretariat shall assist the National Assembly chairman in summing up the questions of National Assembly deputies for report to the National Assembly Standing Committee;

2. The National Assembly Standing Committee projects the list of persons responsible for answers to interpellations at the sessions and report it to the National Assembly for decision.

3. Answers to interpellations at plenary meetings of the National Assembly shall be carried out in the following order:

a) The interpellated persons shall answer directly and fully the contents of matters questioned by National Assembly deputies and clearly determine the responsibilities therefor as well as remedying measures;

b) National Assembly deputies may put questions related to the interpellated contents for the interpellated persons to answer.

The time for answer to interpellation, the time for putting questions and making additional answers shall comply with the provisions in Article 43 of the Internal Regulations of the National Assembly sessions;

4. After listening to answers, if National Assembly deputies disagree with the reply contents, they may propose the National Assembly to continue the discussions at such meetings, to put up for discussions at other meetings of the National Assembly or propose the National Assembly to consider the responsibility of the interpellated persons. The National Assembly shall issue resolutions on answers to interpellations and responsibilities of the interpellated persons when deeming it necessary;

5. Persons who have given answers to interpellations at National Assembly sessions, at meetings of the National Assembly Standing Committee or have given written answers to questions of National Assembly deputies shall have to report to the National Assembly deputies in writing the realization of matters they pledged in their answers to interpellations at the next session.

Article 12.- Setting up the Provisional Committee of the National Assembly

1. When deeming it necessary, the National Assembly Standing Committee shall propose on its own or at the request of the State President, the Prime Minister, the Nationality Council, the Committees of the National Assembly or National Assembly deputies the National Assembly to decide on the setting up of the Provisional Committee for investigation of a certain issue.

The tasks and powers of the Provisional Committee shall be decided by the National Assembly.

2. The National Assembly examines the reports on the results of investigation by the Provisional Committee in the following order:

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

b) The National Assembly holds discussion about it;

c) The National Assembly issues a resolution on the investigated issue.

Article 13.- The National Assembly organizes votes of confidence

1. The National Assembly shall organize votes of confidence on persons holding positions elected or ratified by the National Assembly according to the following regulations:

a) The National Assembly Standing Committee shall propose on its own or at the request of at least twenty percent (20%) of the total number of National Assembly deputies or the request of the Nationality Council or Committees of the National Assembly the National Assembly to organize votes of confidence on persons holding positions elected or ratified by the National Assembly;

b) Persons put up for votes of confidence are entitled to present their opinions before the National Assembly;

c) The National Assembly holds discussions and casts votes of confidence.

2. In cases where the persons put up for votes of confidence receive votes of confidence by less than half of the total number of the National Assembly deputies, the agencies or persons that nominated them for election to such positions or proposed the ratification thereof shall have to propose the National Assembly to consider and decide on the relief from duty or dismissal or ratify the relief from duty or dismissal of such persons.

Article 14.- The National Assembly's competence in examining the supervision results

Basing itself on the supervision results, the National Assembly shall have the following rights:

1. To request the National Assembly Standing Committee, the Government, the Prime Minister, the Supreme People's Court or the Supreme People's Procuracy to issue legal documents guiding the implementation of the Constitution, laws or resolutions of the National Assembly;

2. To annul parts or whole of legal documents of the State President, the National Assembly Standing Committee, the Government, the Prime Minister, the Supreme People's Court and/or the Supreme People's Procuracy, which are contrary to the Constitution, laws and/or resolutions of the National Assembly;

3. To adopt resolutions on answers to interpellations and responsibilities of the interpellated persons when deeming it necessary;

4. To relieve from duty or remove from office the State President, the State Vice-President, the National Assembly chairman, the National Assembly deputy-chairmen, members of the National Assembly Standing Committee, the Prime Minister, the chief judge of the Supreme People's Court and the chairman of the Supreme People's Procuracy; to ratify the relief from duty or dismissal of deputy-prime ministers, ministers and other members of the Government.