Chương 8 Pháp lệnh 44/2002/PL-UBTVQH10: Giám sát, kiểm tra việc thi hành pháp luật trong xử lý vi phạm hành chính

Chapter VIII

SUPERVISION AND EXAMINATION OF LAW OBSERVANCE IN HANDLING ADMINISTRATIVE VIOLATIONS

Article 114.- Supervision by the Nationality Council and Committees of the National Assembly

The National Assembly’s Nationality Council and Committees shall, within the scope of their tasks and powers, have the responsibilities to:

1. Supervise the handling of administrative violations and request the concerned agencies, organizations and individuals to report on the situation of handling administrative violations;

2. Upon receiving complaints and/or denunciations about the handling of administrative violations, if detecting any law offenses, request the competent persons to consider and settle them then report on the settlement thereof; if disagreeing with the settlement results, to request the superiors of those persons to settle them;

3. When conducting the supervision, if detecting any law offenses which cause harms to the interests of the State, the legitimate rights and interests of citizens, agencies and/or organizations, request the competent persons to immediately apply necessary measures to promptly stop the violations and consider the violators liability.

Article 115.- Supervision by the People’s Councils

The People’s Councils at all levels shall, within the scope of their respective tasks and powers, have the responsibility to:

1. Supervise the handling of administrative violations in their respective localities;

2. Periodically examine reports of the People’s Committees of the same level on the situation of handling administrative violations in the localities;

3. Upon receiving complaints and denunciations about the handling of administrative violations, if detecting any law offenses, request the competent persons to consider and settle them, then report on the settlement thereof;

4. While supervising the handling of administrative violations in their respective localities, if detecting any law offenses which cause harms to the interests of the State, the legitimate rights and interests of citizens, agencies and/or organizations, request the competent persons to apply necessary measures in order to promptly stop the violations and examine the violators liability.

Article 116.- Examination by ministries, ministerial-level agencies and agencies attached to the Government

The ministers, the heads of the ministerial-level agencies and the heads of the agencies attached to the Government shall have the responsibility to:

1. Regularly examine the handling of administrative violations by persons competent to handle administrative violations in the scope of their respective management;

2. Promptly settle complaints and denunciations about the handling of administrative violations in the branches and domains under their respective management according to law provisions;

3. Discipline persons who have committed mistakes in handling administrative violations in the scope of their respective management;

4. Implement the regime of reporting on the situation of administrative violations in the branches and fields under their management at the requests of competent agencies.

Article 117.- Examination by the People’s Committees at all levels

The presidents of the People’s Committees at all levels shall have the responsibility to:

1. Regularly examine the handling of administrative violations by persons competent to handle administrative violations in the scope of their respective management.

2. Promptly settle complaints and denunciations about the handling of administrative violations in their respective localities, according to law provisions.

3. Discipline persons who have made mistakes in handling administrative violations in the scope of their respective management.

4. Periodically or when requested, report to the People’s Councils and answer questions of deputies of the People’s Councils of the same level on the situation of handling administrative violations in the localities.