Chương III Luật về Hoạt động giám sát của Quốc hội 2003: Hoạt động giám sát của Uỷ ban Thường vụ Quốc Hội

Chapter III

SUPERVISORY ACTIVITIES OF THE NATIONAL ASSEMBLY STANDING COMMITTEE

Article 15.- Supervisory activities of the National Assembly Standing Committee

The National Assembly Standing Committee shall conduct supervision through the following activities:

1. Examining working reports of the Government, the Supreme People's Court and the Supreme People's Procuracy during the intervals between two National Assembly sessions;

2. Examining legal documents of 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, ordinances and/or resolutions of the National Assembly Standing Committee;

3. Examining the interpellated persons' replies to interpellations during the intervals between two National Assembly sessions;

4. Examining working reports of the provincial/municipal People's Councils; examining resolutions of the provincial/municipal People's Councils which show signs of contravening the Constitution, laws and/or resolutions of the National Assembly, ordinances and/or resolutions of the National Assembly Standing Committee;

5. Examining the settlement of complaints and denunciations of citizens;

6. Organizing supervising delegations.

Article 16.- Supervisory programs of the National Assembly Standing Committee

The National Assembly Standing Committee shall decide on its quarterly and annual supervisory programs, based on the supervisory programs of the National Assembly, the proposals of the Nationality Council, the Committees of the National Assembly, Associations of National Assembly deputies, National Assembly deputies or the Vietnam Fatherland Front Central Committee and the opinions and proposals of voters nationwide.

Basing itself on the approved supervisory programs, the National Assembly Standing Committee shall assign its members to materialize the contents in the programs; may assign a number of program contents to the Nationality Council and/or Committees of the National Assembly for implementation then reporting on the results to the National Assembly Standing Committee; and decide on the implementation progress and measures to ensure the implementation of supervisory programs.

Article 17.- Examining reports of the Government, the Supreme People's Court, the Supreme People's Procuracy

1. During the intervals between two National Assembly sessions, the National Assembly Standing Committee shall examine working reports of the Government, the Supreme People's Court and the Supreme People's Procuracy; request these agencies to report on other issues when deeming it necessary.

2. The reports of the Government, the Supreme People's Court and the Supreme People's Procuracy shall be verified by the Nationality Council or the National Assembly's Committees before they are submitted to the National Assembly Standing Committee.

3. The National Assembly Standing Committee shall examine 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 heads of the National Assembly's Committees present the verification report;

c) Representatives of the agencies or organizations, invited to attend the meeting, give speeches;

d) The National Assembly Standing Committee holds discussions;

e) The heads of the agencies presenting the reports may additionally present relevant matters which the National Assembly Standing Committee members are interested in;

f) The National Assembly Standing Committee issues resolutions on the works of the agencies which have presented the reports when deeming it necessary.

Article 18.- Examining legal documents which show signs of contravening the Constitution, laws and/or resolutions of the National Assembly as well as ordinances and/or resolutions of the National Assembly Standing Committee

1. The National Assembly Standing Committee examines on its own or at the requests of the Nationality Council, Committees of the National Assembly, Associations of National Assembly deputies or of National Assembly deputies the legal documents of 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 as well as ordinances and/or resolutions of the National Assembly Standing Committee. The National Assembly Standing Committee assigns the Nationality Council or Committees of the National Assembly to prepare opinions on those legal documents for report to the National Assembly Standing Committee.

2. The National Assembly Standing Committee examines the legal documents prescribed in Clause 1 of this Article in the following order:

a) The chairman of the Nationality Council or the chairman of the concerned Committee of the National Assembly presents opinions;

b) The National Assembly Standing Committee holds discussions;

c) The heads of the agencies that have promulgated such legal documents present opinions;

d) The National Assembly Standing Committee issues resolutions that the legal documents are not contrary to the Constitution, laws, resolutions of the National Assembly, ordinances and/or resolutions of the National Assembly Standing Committee; decides to annul parts or whole of the legal documents contrary to ordinances and/or resolutions of the National Assembly Standing Committee; suspends the implementation of parts or whole of the legal documents contrary to the Constitution, laws, resolutions of the National Assembly and submits them to the National Assembly for consideration and decision at its nearest session.

Article 19.- Answers to interpellations at meetings of the National Assembly Standing Committee

1. The answers to interpellation at meetings of the National Assembly Standing Committee shall be carried out as follows:

a) The National Assembly chairman puts forth interpellations of National Assembly deputies, which have been decided by the National Assembly to be answered at the meetings of the National Assembly Standing Committee and other questions forwarded to the National Assembly Standing Committee during the interval between two National Assembly sessions;

b) The interpellated persons answer directly and fully the contents of issues questioned by National Assembly deputies and clearly determine the responsibility therefor and remedial measures;

c) The interpellating National Assembly deputies may be invited to attend meetings of the National Assembly Standing Committee and give their opinions. In cases where they fail to attend such meetings, the contents of the replies to questions and the results of the meetings on answers to interpellations must be sent to such deputies within no more than seven days as from the conclusion of the meetings of the National Assembly Standing Committee; if they disagree with the reply contents, they are entitled to request the National Assembly Standing Committee to put up for discussions at National Assembly sessions.

2. After hearing answers to interpellations, the National Assembly Standing Committee issues resolutions on the answer to interpellation and the responsibilities of the interpellated persons when deeming it necessary.

Article 20.- Examining resolutions of the provincial/municipal People's Councils, which show signs of contravening the Constitution, laws, resolutions of the National Assembly, ordinances and/or resolutions of the National Assembly Standing Committee

1. The National Assembly Standing Committee decides on its own or at proposals of the Prime Minister, the Nationality Council, Committees of the National Assembly, the Associations of National Assembly deputies or National Assembly deputies to examine resolutions of the provincial/municipal People's Councils, which show signs of contravening the Constitution, laws, resolutions of the National Assembly, ordinances and/or resolutions of the National Assembly Standing Committee. The National Assembly Standing Committee assigns the Nationality Council or Committees of the National Assembly to prepare opinions on those resolutions for report to the National Assembly Standing Committee.

2. The National Assembly Standing Committee examines the resolutions prescribed in Clause 1 of this Article in the following order:

a) The chairman of the Nationality Council or the chairman of the concerned Committee of the National Assembly presents opinions;

b) The National Assembly Standing Committee holds discussions;

c) The chairmen of the People's Councils where the resolutions were issued, who are invited to attend the meetings, present opinions;

d) The National Assembly Standing Committee issues resolutions that the resolutions of the provincial/municipal People's Councils are not contrary to the Constitution, laws, resolutions of the National Assembly, ordinances and/or resolutions of the National Assembly Standing Committee; decides to annul parts or whole of the resolutions of the provincial/municipal People's Councils, which are contrary to the Constitution, laws, resolutions of the National Assembly, ordinances and/or resolutions of the National Assembly Standing Committee.

Article 21.- Examining reports on activities of the provincial/municipal People's Councils

Annually, the provincial/municipal People's Councils send reports on their activities to the National Assembly Standing Committee.

When deeming it necessary, the National Assembly Standing Committee considers and issues resolutions on activities of the provincial/municipal People's Councils.

Article 22.- Supervising the elections of National Assembly deputies, People's Council deputies

The National Assembly Standing Committee supervises the elections of deputies to the National Assembly and deputies to the People's Councils of all levels, ensuring that the elections are carried out in a democratic and lawful manner.

The order and procedures for supervising the elections of deputies to the National Assembly and deputies to the People's Councils of all level shall comply with the law provisions on elections.

Article 23.- Organizing supervising delegations of the National Assembly Standing Committee

1. Basing itself on its supervisory programs or at the request of the National Assembly, the proposals of the Nationality Council, the Committees of the National Assembly, Associations of National Assembly deputies or National Assembly deputies, the National Assembly Standing Committee decides to set up its supervising delegations.

The National Assembly Standing Committee's resolutions on setting up the supervising delegations must clearly define the supervision contents and plans, the composition of the supervising delegations and the to be-supervised agencies, organizations and/or individuals.

The supervising delegations' supervision contents and plans shall be notified to the to be-supervised agencies, organizations and/or individuals at least seven days before the delegations carry out the supervisory activities.

2. The supervising delegations have the following tasks and powers:

a) To strictly comply with the supervision contents and plans stated in the resolutions on setting up the supervising delegations;

b) To request the supervised agencies, organizations and/or individuals to report in writing, to supply information and documents related to the supervision contents, explain matters which the supervising delegations are interested in;

c) To examine and verify matters which the supervising delegations deem necessary;

d) 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 supervising delegations may request the concerned 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;

e) Within no more than fifteen days after the conclusion of the supervisory activities, the supervising delegations must send the supervision reports to the National Assembly Standing Committee for consideration and decision.

Article 24.- Examining reports of the supervising delegations of the National Assembly Standing Committee

The National Assembly Standing Committee examines the reports of its supervising delegations in the following order:

1. The delegation heads present the reports;

2. The representatives of agencies and/or organizations, invited to attend the meetings, give their opinions;

3. The National Assembly Standing Committee holds discussions.

In the course of discussion, the representatives of the supervising delegations may additionally present the relevant matters;

4. The National Assembly Standing Committee issues resolutions on the supervised issues. Those resolutions shall be sent to the supervised agencies, organizations and/or individuals.

Article 25.- The National Assembly Standing Committee's supervision of the settlement of complaints and denunciations

The National Assembly Standing Committee supervises the implementation of the legislation on complaints and denunciations; examines reports of the Government, the Supreme People's Court and the Supreme People's Procuracy on settlement of complaints and denunciations; organizes supervising delegations or assigns the Nationality Council or Committees of the National Assembly to supervise the settlement of complaints and denunciations.

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 National Assembly Standing Committees requests competent agencies, organizations and/or individuals to apply measures to timely put an end to acts of law violation, examine the responsibilities, handle the violators, restore the interests of the State, the legitimate rights and interests of the infringed organizations and/or individuals, and at the same time requests competent persons to consider and settle them; if disagreeing with the settlement by such persons, requests the heads of the immediate superior agencies or organizations to consider and settle them. The concerned agencies, organizations and individuals shall have to meet the requests of the National Assembly Standing Committee and report to the latter within seven days as from the date the settlement decisions are issued.

Article 26.- The National Assembly Standing Committee's competence in examining the supervision results

Based on the supervision results, the National Assembly Standing Committee has the following rights:

1. To suspend the implementation of parts or whole of the legal documents of the Government, the Prime Minister, the Supreme People's Court and/or the Supreme People's Procuracy, which are contrary to the Constitution, laws, resolutions of the National Assembly and propose the National Assembly to consider and decide on the annulment of parts of whole of those legal documents at its nearest session;

2. To decide on the annulment of parts or whole of the legal documents of the Government, the Prime Minister, the Supreme People's Court and/or the Supreme People's Procurary, which are contrary to ordinances and/or resolutions of the National Assembly Standing Committee;

3. To propose the National Assembly or to request the competent agencies or individuals to relieve from duty, remove from office or dismiss, handle persons who commit serious law violations;

4. To propose the National Assembly to organize votes of confidence on persons holding positions elected or ratified by the National Assembly;

5. To decide on annulment of parts or whole of the erroneous resolutions of the provincial/municipal People's Councils; to dissolve the provincial/municipal People's Councils in cases they cause serious damage to the people's interests;

6. To issue resolutions on the answer to interpellation and the responsibilities of the interpellated persons when deeming it necessary;

7. To request competent agencies, organizations and/or individuals to apply measures to timely put an end to acts of law violation, examine the responsibilities, handle violators, timely restore the interests of the State, the legitimate rights and interests of the infringed organizations and/or individuals;

8. To cancel the election of People's Council deputies at the election units where serious law violations are committed and decide on the re-election at such election units.