Chương IV Luật về Hoạt động giám sát của Quốc hội 2003: Hoạt động giám sát của Hội đồng dân tộc, Uỷ ban của Quốc Hội

Chapter IV

SUPERVISORY ACTIVITIES OF THE NATIONALITY COUNCIL, THE COMMITTEES OF THE NATIONAL ASSEMBLY

Article 27.- Supervisory activities of the Nationality Council, the Committees of the National Assembly

The Nationality Council and the Committees of the National Assembly conduct supervision through the following activities:

1. Verifying working reports of the Government, the Supreme People's Court or the Supreme People's Procuracy in the domains under their respective management or according to the assignment by the National Assembly Standing Committee;

2. Examining legal documents of the Government, the Prime Minister, the ministers, the heads of ministerial-level agencies, the Supreme People's Court or the Supreme People's Procuracy, legal documents issued jointly by competent State bodies at the central level or jointly by competent State bodies and central bodies of socio-political organizations, which show signs of contravening the Constitution, laws, resolutions of the National Assembly, ordinances and/or resolutions of the National Assembly Standing Committee and legal documents of superior State bodies;

3. In case of necessity, requesting the Government, the ministries, the ministerial-level agencies, the Supreme People's Court and/or the Supreme People's Procuracy to report on their activities in the domains under the charge of the Council or Committees;

4. Organizing supervising delegations;

5. Sending their members to the concerned agencies or organizations to examine and verify matters which the Council or the Committees are interested in;

6. Organizing the study, handling and examination of the settlement of complaints and denunciations of citizens.

Article 28.- Supervisory programs of the Nationality Council, the Committees of the National Assembly

The Nationality Council, the Committees of the National Assembly decide on their respective quarterly and annual supervisory programs, based on the supervisory programs of the National Assembly and the National Assembly Standing Committee and on the opinions of members of the Nationality Council or the Committees of the National Assembly.

The standing body of the Nationality Council or the standing bodies of the Committees of the National Assembly project the supervisory programs and submit them to the Council or Committees for consideration, decision and organize the realization of such programs.

Article 29.- Order for examination and verification of reports

1. The Nationality Council, the Committees of the National Assembly organize meetings to verify the working reports of the Government, the Supreme People's Court or the Supreme People's Procuracy.

The verification reports of the Nationality Council or the Committees of the National Assembly shall be sent to the National Assembly and the National Assembly Standing Committee.

2. The Nationality Council, the Committees of the National Assembly organize meetings to examine the reports on activities of the Government, the ministries, the ministerial-level agencies, the Supreme People's Court or the Supreme People's Procuracy in the domains under the charge of the Council or the Committees.

3. The examination and verification of reports prescribed in Clauses 1 and 2 of this Article shall be carried out in the following order:

a) The heads of the agencies, which have compiled the reports, present their reports;

b) The representatives of agencies or organizations, invited to attend the meetings, give their opinions;

c) The Nationality Council, the Committees of the National Assembly hold discussions;

d) The meeting chairman makes conclusions.

Article 30.- The Nationality Council, the Committees of the National Assembly supervise legal documents

1. The Nationality Council, the Committees of the National Assembly shall, within the scope of their respective tasks and powers, have to regularly oversee and urge the Government, the Prime Minister, ministers, heads of the ministerial-level agencies, the Supreme People's Court and the Supreme People's Procuracy to promulgate legal documents guiding the implementation of laws, resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee according to the time limits prescribed by law.

2. When receiving the legal documents forwarded by concerned agencies, the Nationality Council or the Committees of the National Assembly shall have to study and examine their contents.

3. In case of detecting that the legal documents show signs of contravening the Constitution, laws, resolutions of the National Assembly, ordinances and/or resolutions of the National Assembly Standing Committee, the Nationality Council or the Committees of the National Assembly shall, within the scope of their respective tasks and powers, be entitled to request competent agencies, organizations and/or individuals to examine, amend, supplement, suspend the implementation of, or annul parts or whole of, such documents. Within thirty days after receiving the requests, those agencies, organizations and/or individuals must notify the Council or the Committees of the settlement; if past the above-stated time limit they still fail to reply or their settlement fails to satisfy the requirements, the Council or Committees shall have the right:

a) To propose the National Assembly Standing Committee to consider and decide on the suspension of implementation of the legal documents of the Government, the Prime Minister, the Supreme People's Court or the Supreme People's Procuracy, which show signs of contravening the Constitution, laws, resolutions of the National Assembly and submit them to the National Assembly for consideration and decision;

b) To propose the National Assembly Standing Committee to consider and decide on the annulment parts or whole of 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 ordinances and/or resolutions of the National Assembly Standing Committee; to decide on the annulment of parts or whole of the resolutions of 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;

c) To propose the Prime Minister to consider and decide on the annulment or suspension of the implementation of, parts or whole of decisions, directives and/or circulars of ministers, heads of ministerial-level agencies, which show signs of contravening the Constitution, laws, resolutions of the National Assembly, ordinances, resolutions of the National Assembly Standing Committee, resolutions and/or decrees of the Government, decisions and/or directives of the Prime Minister;

d) To propose competent agencies, organizations and/or individuals to consider and decide on the annulment or the suspension of the implementation of parts or whole of legal documents issued jointly between central competent State bodies or between competent State bodies and central bodies of socio-political organizations, which show signs of contravening the legal documents of superior State agencies.

Article 31.-

1. Basing themselves on their respective supervisory programs or through the supervision of the settlement of citizens' complaints and denunciations or through mass media, if detecting signs of law violations or being assigned by the National Assembly Standing Committee, the Nationality Council, the Committees of the National Assembly shall organize their respective supervising delegations.

The setting up of supervising delegations, the supervision contents and plans, the composition of the supervising delegations and the to be supervised agencies, organizations and/or individuals shall be decided by the standing body of the Council or of the Committees.

The supervising delegations' supervision contents and plans are notified to the to be- supervised agencies, organizations and/or individuals at least seven days before the delegations commence their 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 decisions to set up the supervising delegations;

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

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

d) When detecting acts of law violation, which cause damage 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 in order to timely put an end to acts of law violation, 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 violating agencies, organizations and/or individuals according to the provisions of law;

e) Within no more than ten days after the conclusion of the supervisory activities, the supervising delegations must report on the supervision results to the Nationality Council, the Committees of the National Assembly or to the standing bodies thereof.

Article 32.- Examining reports of the supervising delegations of the Nationality Council, the Committees of the National Assembly.

1. Basing themselves on the nature and contents of the supervised matters, the Nationality Council, the Committees of the National Assembly shall organize meetings of the Council, the Committees or meetings of the standing bodies thereof to consider and discuss the reports of the supervising delegations.

2. The examination of the reports of the supervising delegations is carried out in the following order:

a) The heads of the supervising delegations present the reports;

b) The representatives of agencies and/or organizations, invited to attend the meetings, give their speeches;

c) The Nationality Council, the Committees of the National Assembly or the standing bodies thereof discuss the reports of the supervising delegations;

d) The chairmen of the meetings make conclusions; the Nationality Council, the Committees of the National Assembly or the standing bodies thereof vote when deeming it necessary.

3. The Nationality Council, the Committees of the National Assembly shall send reports on the supervision results to the National Assembly Standing Committee, and concurrently to the supervised agencies, organizations and/or individuals. The reports must clearly state the proposals on necessary measures.

Article 33.- Supervision of the Nationality Council, the Committees of the National Assembly over the settlement of complaints and denunciations

1. The Nationality Council, the Committees of the National Assembly shall, within the scope of their respective tasks and powers, have to receive citizens; receive, study and handle complaints and denunciations of citizens; supervise the settlement of complaints and denunciations of citizens in the domains under their respective charge.

2. When receiving complaints and denunciations of citizens, the Nationality Council, the Committees of the National Assembly shall have to organize the study thereof and transfer them to competent agencies, organizations and/or individuals for consideration and settlement; if disagreeing with such settlement results, they shall request the heads of the immediate superior agencies or organizations to consider and settle them. The concerned agencies, organizations and/or individuals must consider and settle them within the time limits prescribed by law and notify the settlement thereof to the Nationality Council, the Committees of the National Assembly within seven days as from the date of issuing the settlement decisions.

3. In case of necessity, the Nationality Council, the Committees of the National Assembly may request the concerned agencies, organizations and/or individuals or the complainants and/or denouncers to come and present the matters and supply information and documents which the Council or the Committees are interested in; organize supervising delegations to examine and verify matters which the Council or the Committees are interested in or at the request of the National Assembly Standing Committee or the National Assembly chairman.

Article 34.- Competence of the Nationality Council, the Committees of the National Assembly in proposing the National Assembly Standing Committee to consider and propose the National Assembly to organize votes of confidence on persons holding positions elected or ratified by the National Assembly

1. In the course of supervision, if detecting that persons holding positions elected or ratified by the National Assembly commit acts of law violation or fail to properly and fully perform their assigned tasks and/or delegated powers, thus causing serious damage to the interests of the State, the legitimate rights and interests of organizations and/or individuals, the Nationality Council or the Committees of the National Assembly may propose the National Assembly Standing Committee to consider and propose the National Assembly to organize votes of confidence on such persons.

2. The provisions in Clause 1 of this Article shall be implemented in the following order:

a) The Nationality Council or the Committees of the National Assembly organize meetings to consider, discuss and assess the violation acts of the persons being considered and proposed to the National Assembly for votes of confidence;

b) Representatives of agencies and/or organizations, invited to attend the meeting, give their speeches;

c) The persons being considered and proposed for votes of confidence may be invited to attend the meetings and present their opinions on matters which the Nationality Council or the Committees of the National Assembly are interested in;

d) The Nationality Council or the Committees of the National Assembly proceed with discussions;

e) The Nationality Council or the Committees of the National Assembly vote. In cases where at least two-thirds of the total number of members agree to organize votes of confidence, the Nationality Council or the Committees of the National Assembly shall propose the National Assembly Standing Committee to consider and propose the National Assembly to organize votes of confidence on such persons.

Article 35.- Competence of the Nationality Council, the Committees of the National Assembly in examining the supervision results

Depending on the supervision results, the Nationality Council or the Committees of the National Assembly shall have the following rights:

1. To propose, request competent agencies, organizations and/or individuals to amend, supplement, suspend the implementation of, annul parts or whole of legal documents or to promulgate new legal documents;

2. To propose to the Prime Minister, other members of the Government, the chief judge of the Supreme People's Court, the chairman of the Supreme People's Procuracy or presidents of the provincial/municipal People's Committees matters under the charge of the Council or the Committees. The persons receiving the proposals shall have to consider them and give their replies within fifteen days after the receipt of the proposals. If past this time limit, the Nationality Council or the Committees of the National Assembly fail to receive any replies or disagree with the reply contents, they may propose the National Assembly chairman to request the proposal recipients to give their replies at the meetings of the National Assembly Standing Committee or at the nearest session of the National Assembly; or for the presidents of the provincial/municipal People's Committees, propose the Prime Minister to consider;

3. Upon the detection of law violations which cause damage to the interests of the State, the legitimate rights and interests of organizations and/or individuals, to request competent agencies, organizations and/or individuals to apply measures to timely put an end to the law violation acts, examine the responsibilities of and handle the violators, restore the interests of the State, the legitimate rights and interests of the infringed organizations and/or individuals.

Article 36.- The National Assembly Standing Committee directs, regulates and coordinates supervisory activities of the Nationality Council, Committees of the National Assembly

In directing, regulating and coordinating supervisory activities of the Nationality Council and/or the Committees of the National Assembly, the National Assembly Standing Committee shall have the following rights and powers:

1. To assign the Nationalities Council or Committees of the National Assembly to verify projects and reports submitted to the National Assembly and/or the National Assembly Standing Committee; to assign the Nationality Councils and/or Committees of the National Assembly to realize some contents of the supervisory programs of the National Assembly Standing Committee;

2. To request the Nationality Council, the Committees of the National Assembly to periodically report on the supervisory programs, contents and plans of the Council, the Committees;

3. To request the Nationality Council, the Committees of the National Assembly to coordinate in carrying out a number of supervisory activities in the same agencies, the same localities or units in order to ensure the quality and efficiency of the supervisory activities;

4. To examine and discuss reports on supervision results and proposals of the Nationality Council, the Committees of the National Assembly. In case of necessity, the National Assembly Standing Committee shall issue resolutions on matters proposed by the Nationality Council or the Committees of the National Assembly as well as on measures to overcome the consequences caused by acts of law violation, requests the handling of the violators and assign the concerned agencies and/or organizations to implement them.