Chương V Luật về Hoạt động giám sát của Quốc hội 2003: Hoạt động giám sát của Đại biểu Quốc Hội và Đoàn Đại biểu Quốc Hội

Chapter V

SUPERVISORY ACTIVITIES OF NATIONAL ASSEMBLY DEPUTIES AND ASSOCIATIONS OF NATIONAL ASSEMBLY DEPUTIES

Article 37.- Supervisory activities of National Assembly deputies

1. The National Assembly deputies conduct supervision through the following activities:

a) Interpellating the State President, the National Assembly chairman, the Prime Minister, the ministers and other members of the Government, the chief judge of the Supreme People's Court and the chairman of the Supreme People's Procuracy;

b) Supervising legal documents; supervising law enforcement in localities;

c) Supervising the settlement of complaints and denunciations of citizens.

2. National Assembly deputies shall conduct supervisory activities on their own or participate in the supervisory activities of Associations of National Assembly deputies; join in the supervising delegations of the National Assembly Standing Committee, the Nationalities Council or the Committees of the National Assembly in localities when so request.

Article 38.- Supervisory activities of Associations of National Assembly deputies

The Associations of National Assembly deputies shall conduct supervision through the following activities:

1. Organizing supervising delegations of National Assembly deputies' Associations and making arrangement for the National Assembly deputies in the Associations to supervise the law enforcement in their respective localities; supervise legal documents of the People's Councils and/or the People's Committees of the provinces or centrally-run cities;

2. Supervising the settlement of citizens' complaints and denunciations, which were transferred by National Assembly deputies and/or Associations of National Assembly deputies to competent agencies, organizations and/or individuals for settlement;

3. Requesting agencies, organizations and/or individuals in the localities to answer on matters which the Associations of National Assembly deputies are interested in;

4. Nominating National Assembly deputies in their Associations to participate in the supervising delegations of the National Assembly Standing Committee, the Nationality Council or Committees of the National Assembly in the localities when so requested.

Article 39.- Supervisory programs of National Assembly deputies, Associations of National Assembly deputies

The National Assembly deputies shall draw up their own biannual and annual supervisory programs and send them to their respective Associations.

The National Assembly deputies' Associations shall base themselves on the supervisory program of each deputy, the supervisory programs of the National Assembly, the National Assembly Standing Committee, the Nationality Council and the Committees of the National Assembly, the practical situation of their respective localities, the proposals of the provincial/municipal Fatherland Front Committees and the opinions and petitions of voters in the localities to draw up their own biannual and annual supervisory programs and report them to the National Assembly Standing Committee. The National Assembly deputies' Associations shall organize their own supervisory activities and make arrangement for the National Assembly deputies in the Associations to carry out their own supervisory programs.

Biannually and annually, the National Assembly deputies' Associations shall have to report to the National Assembly Standing Committee on the realization of supervisory programs of their own and of the National Assembly deputies in the Associations.

Article 40.- Interpellation by National Assembly deputies

The National Assembly deputies have the right to interpellate the State President, the National Assembly chairman, the Prime Minister, the ministers and other members of the Government, the chief judge of the Supreme People's Court and the chairman of the Supreme People's Procuracy.

The interpellating contents must be brief, clear and firmly grounded and must be related to the tasks, powers and personal responsibilities of the interpellated persons.

Interpellation can be effected in writing or orally.

The order and procedures of interpellation and answering thereto shall comply with the provisions in Articles 11 and 19 of this Law.

Article 41.- National Assembly deputies, Associations of National Assembly deputies supervise legal documents

When receiving legal documents, National Assembly deputies and/or Associations of National Assembly deputies shall have to study and examine the contents of those legal documents. 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 National Assembly deputies and/or the Associations of National Assembly deputies shall, within the scope of their respective tasks and powers, have the right to request the competent agencies, organizations and/or individuals to amend, supplement, suspend the implementation of, annul parts or whole of, the legal documents or to promulgate new legal documents.

Article 42.- Organizing supervising delegations of the Associations of National Assembly deputies and making arrangement for National Assembly deputies to carry out the supervision of the law enforcement in the localities

1. Basing themselves on their supervisory programs, the Associations of National Assembly deputies shall organize their own supervising delegations and arrange for their National Assembly deputies to supervise the law enforcement in the localities.

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 Associations of National Assembly deputies.

The supervising National Assembly deputies shall decide on the contents and plans of supervision, the persons to be invited to participate in the supervision, and on the to be-supervised agencies, organizations and/or individuals and report them to the Associations of National Assembly deputies.

The supervision contents and plans of supervising delegations of the National Assembly deputies' Associations and the National Assembly deputies shall be notified by the heads of the Associations of National Assembly deputies to the to be-supervised agencies, organizations and/or individuals at least seven days before the supervisory activities start.

2. When conducting supervision, the supervising delegations and National Assembly deputies 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 or decisions to organize supervisory activities of National Assembly deputies;

b) To request the to be- supervised agencies, organizations and/or individuals to make written reports, supply information and documents related to the supervision contents, to explain matters which the supervising delegations and National Assembly deputies are interested in; to consider and settle matters related to the implementation of the State's policies and laws or to the socio-economic life of the local people;

c) To examine and verify matters which the supervising delegations and/or National Assembly deputies deem it necessary;

d) When detecting law violation acts which cause damage to the interests of the State, the legitimate rights and interests of organizations and/or individuals, to propose the concerned agencies, organizations and/or individuals to apply measures to timely put an end to the violation acts, restore the interests of the State, the legitimate rights and interests of the infringed organizations and/or individuals; to 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 and National Assembly deputies that have carried out the supervisory activities shall have to send reports on supervision results to the Associations of National Assembly deputies.

3. Basing themselves on the nature and contents of the supervised issues, the Association of the National Assembly deputies may organize discussions about the proposals and requests of the supervising delegations or the National Assembly deputies that have conducted the supervisions. The proposals and requests of National Assembly deputies' Associations through supervisory activities shall be sent to the supervised agencies, organizations and/or individuals.

Article 43.- Supervision of National Assembly deputies, Associations of National Assembly deputies over the settlement of complaints and denunciations

1. The National Assembly deputies and Associations of National Assembly deputies shall have to receive, handle, urge and monitor the settlement of, complaints and denunciations of citizens.

The Associations of National Assembly deputies shall have to arrange for the National Assembly deputies to receive citizens and supervise the competent agencies, organizations and individuals in the settlement of complaints and denunciations of citizens.

2. When receiving complaints and denunciations of citizens, the National Assembly deputies shall have to study and transfer them directly or through their Associations of National Assembly deputies to the competent agencies, organizations and/or individuals that shall consider and settle them within the law-prescribed time limits and notify the National Assembly deputies and/or Associations of National Assembly deputies of the settlement thereof within seven days as from the date of issuing the settlement decisions.

In cases where they deem that the settlement is not satisfactory, the National Assembly deputies and/or Associations of National Assembly deputies may meet the heads of the concerned agencies or organizations to inquire into the issues and request the reconsideration thereof. When necessary, the National Assembly deputies and/or Associations of the National Assembly deputies may request the heads of the concerned superior agencies or organizations of such agencies or organizations to settle.

3. In case of necessity, the National Assembly deputies and the Associations of National Assembly deputies may request the relevant agencies, organizations and/or individuals or the complainants or denouncers to come and present the matters, supply relevant information and documents, examine and verify matters which the National Assembly deputies and/or the Associations of National Assembly deputies are interested in; organize supervising delegations of the Associations of National Assembly deputies to supervise the settlement of complaints and denunciations of citizens in the localities.

Article 44.- Competence of National Assembly deputies, delegations of National Assembly deputies in examining the supervision results

1. Based on the supervision results, the National Assembly deputies and the Associations of National Assembly deputies have the following rights:

a) To propose, request the 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;

b) To propose the competent agencies, organizations and/or individuals to consider and settle matters related to the State's policies and laws or matters of the localities;

c) When detecting law violation acts which cause damage to the interests of the State, the legitimate rights and interests of social organizations, economic organizations, people's armed force units or of citizens, to request the competent agencies, organizations and/or individuals to apply measures to timely put an end to 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. Within thirty days after the receipt of such requests, the concerned agencies, organizations and/or individuals shall have to notify the National Assembly deputies and/or the Associations of National Assembly deputies of the settlement thereof. If past the above-mentioned time limit the National Assembly deputies and/or Associations of National Assembly deputies fail to receive any replies, they may propose the heads of the immediate superior agencies, organizations or units to consider and settle them, and at the same time report such to the National Assembly Standing Committee for consideration and decision.

2. Apart from the rights prescribed in Clause 1 of this Article, the National Assembly deputies shall also have the right to propose the National Assembly Standing Committee to consider and propose to the National Assembly the votes of confidence on persons holding positions elected or ratified by the National Assembly.