Checking the Implementation of Legal Documents of Higher-Level State Agencies by the People's Council

Specifically, according to Section 2, Chapter 3 of the Ordinance on Supervision and Guidance of the Standing Committee of the National Assembly, guidance and inspection by the Government of Vietnam towards the People's Councils 1996, this inspection is stipulated as follows:

1. The Government of Vietnam inspects the resolutions of the People's Councils concerning the implementation of the Constitution, laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, orders, decisions of the President, resolutions, decrees of the Government of Vietnam, decisions, directives of the Prime Minister of the Government of Vietnam.

2. Based on the Constitution, laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, orders, decisions of the President, documents of the Government of Vietnam, and the Prime Minister of the Government of Vietnam, Ministers, Heads of ministry-level agencies, Heads of agencies under the Government of Vietnam issue decisions, directives, circulars, and inspect the implementation of these documents across all sectors, localities, and bases.

Ministers, Heads of ministry-level agencies have the right to propose to the Prime Minister of the Government of Vietnam to suspend the implementation of resolutions of the People's Councils of provinces, centrally-run cities that are contrary to the legal documents of the State or of the Ministry, ministry-level agencies related to the sectors and fields under the responsibility of the Ministry, ministry-level agencies.

3. The Government of Vietnam inspects the People's Councils in the implementation of the documents of higher-level state agencies through the following forms:

- Reviewing the resolutions and reports of the People's Councils;- Attending the sessions of the People's Councils;- Requesting the Presidents of the People's Councils at all levels to report on issues that the Government of Vietnam is concerned about;- Reviewing the resolution of complaints, denunciations, petitions by organizations and citizens, the feedback from the mass media regarding the activities of the People's Councils and deputies of the People's Councils.

4. The Government of Vietnam inspects the resolutions of the People's Councils in the implementation of the state policies, guidelines in the fields of socio-economic development, budget, security, national defense, and social safety and order in localities.

5. The Government of Vietnam establishes inspection teams to inspect the implementation of the documents of higher-level state agencies by the People's Councils. If the inspection team finds that the resolutions of the People's Councils are erroneous, they report to the Prime Minister of the Government of Vietnam, simultaneously proposing to the People's Councils to reconsider those resolutions. The People's Councils have the responsibility to study the proposals of the inspection team.

6. The Prime Minister of the Government of Vietnam suspends the implementation of erroneous resolutions of the People's Councils of provinces, centrally-run cities, simultaneously proposing the Standing Committee of the National Assembly to annul or request amendments to those erroneous resolutions.

For further related contents, see: Ordinance on Supervision and Guidance of the Standing Committee of the National Assembly, Guidance and Inspection by the Government of Vietnam towards the People's Councils 1996, effective from February 24, 1996.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE