Regulations on supreme supervision by the National Assembly in Vietnam

Regulations on supreme supervision by the National Assembly in Vietnam (Source: Internet)

1. What is supervision?

According to Clause 1, Article 2 of the Law on supervisory activities of the National Assembly and People’s Councils 2015, supervision means that the supervisors oversee, consider and evaluate activities of the agencies, organizations and individuals that are under the supervision (hereinafter referred to as supervisees) in the adherence to the Constitution, laws within their tasks and powers, taking actions to the best of their competence or as request of the competent authorities.

2. What does supervisory activities of the National Assembly of Vietnam include?

According to Clause 5, Article 2 of the Law on supervisory activities of the National Assembly and People’s Councils 2015, supervisory activities of the National Assembly includes supreme supervisory activities of the National Assembly, supervisory activities of Standing Committee of the National Assembly, the Nationality Council, Committees of National Assembly, National Assembly delegations and National Assembly deputies.

3. Supervisory competence of the National Assembly of Vietnam

The supervisory competence of the National Assembly is prescribed in Article 4 of the Law on supervisory activities of the National Assembly and People’s Councils 2015 as follows:

* Supervisory competence of the National Assembly, Standing Committee of the National Assembly, the Nationality Council, Committees of National Assembly, the National Assembly delegations and National Assembly deputies are prescribed as follows:

- The National Assembly shall

+ Exercise supreme supervision pertaining to the adherence to the Constitution, laws and resolutions of the National Assembly;

+ Exercise supreme supervision pertaining to operation of the State President, the National Assembly Standing Committee, the Government, the Prime Minister, the Ministers and other members of the Government, the Supreme People's Court and the Supreme People's Procuracy, National Election Commission, State Audit Agency and other authorities established by the National Assembly;

+ Exercise supreme supervision pertaining to legislative documents of the State President, the National Assembly Standing Committee, the Government, the Prime Minister, the Supreme People's Court and the Supreme People's Procuracy; the Council of Judges of the Supreme People’s Court, Chief Justice of the Supreme People’s Court, the Chief Procurator of the Supreme People’s Procuracy, the State Auditor General;

+ Exercise supreme supervision pertaining to joint resolutions jointly issued by Standing Committee of the National Assembly or the Government and the Presidium of Central Committee of Vietnamese Fatherland Front, joint circulars jointly issued by Chief Justice of the Supreme People’s Court and the Chief Procurator of the Supreme People’s Procuracy,

Joint circulars jointly issued by Minister or Head of ministerial-level agency and the Chief Justice of the Supreme People’s Court or the Chief Procurator of the Supreme People’s Procuracy;

- The Standing Committee of National Assembly shall

+ Supervise the implementation of the Constitution, laws and resolutions of the National Assembly, Ordinances and resolutions of the Standing Committee of the National Assembly; supervise the operation of the Government, the Supreme People’s Court, the Supreme People’s Procuracy, State Audit Agency and other authorities established by the National Assembly and People’s Councils of provinces;

+ Supervise legislative documents of the Government, the Prime Minister, the Council of Justices of the Supreme People’s Court, the Chief Justice of the Supreme People's Court, the Chief Procurator of the Supreme People’s Procuracy, and the State Auditor General;

+ Supervise joint resolutions issued by the Government and the Presidium of Central Committee of Vietnamese Fatherland Front, joint circulars issued by the Chief Justice of the Supreme People’s Court and the Chief Procurator of the Supreme People’s Procuracy,

Joint circulars issued by Ministers or Heads of ministerial-level agencies and the Chief Justice of the Supreme People's Court or the Chief Procurator of the Supreme People’s Procuracy, resolutions of People’s Councils of provinces;

+ Assist the National Assembly to exercise their supreme supervision;

- The Nationality Council and Committees of National Assembly, within their tasks and entitlement, shall:

+ Supervise the implementation of the Constitution, laws and resolutions of the National Assembly, Ordinances and resolutions of the Standing Committee of the National Assembly;

+ Supervise the operation of the Government, Ministries, ministerial-level agencies, the Council of Justices of the Supreme People’s Court, the Chief Justice of the Supreme People’s Court, the Chief Procurator of the Supreme People’s Procuracy, the State Auditor General;

+ Supervise joint resolutions issued by the Government and the Presidium of Central Committee of Vietnamese Fatherland Front, joint circulars issued by the Chief Justice of the Supreme People’s Court and the Chief Procurator of the Supreme People’s Procuracy,

Joint circulars issued by Ministers or Heads of ministerial-level agencies and the Chief Justice of the Supreme People’s Court or the Chief Procurator of the Supreme People’s Procuracy in the fields that are in charge by the Nationality Council or the Committee of National Assembly;

+ Assist the National Assembly and The Standing Committee of National Assembly to exercise their supervision.

- National Assembly delegations shall

+ Exercise their supervisory activities and arrange for the National Assembly deputies in the Associations to exercise supervision in the local governments;

+ Supervision delegations of National Assembly, the Standing Committee of the National Assembly, the Nationality Council, or Committees of National Assembly in the local governments;

- National Assembly deputies shall

+ Interpellate the State President, the National Assembly chairperson, the Prime Minister, the Minister and other members of the Government, the Chief Justice of the Supreme People's Court and the Chief Procurator of the Supreme People's Procuracy, or the State Auditor General;

+ Within the scope of their tasks and powers, supervise legislative documents,

+ Supervise the law implementation, and supervise settlement of complaints, denunciations or petitions (hereinafter referred to as complaints) lodged by citizens;

+ Participate in supervision groups of National Assembly, the Standing Committee of the National Assembly, the Nationality Council, or Committees of National Assembly in the ministries or local governments as request.

* When deeming it necessary, the National Assembly, the Standing Committee of the National Assembly, the Nationality Council and the Committees of National Assembly shall supervise activities of other agencies, organizations and individuals.

4. Regulations on supreme supervision by the National Assembly in Vietnam

The supreme supervision by the National Assembly according to Article 11 of the Law on supervisory activities of the National Assembly and People’s Councils 2015 are as follows:

- Examining working reports of the State President, the National Assembly Standing Committee, the Government, the Supreme People's Court, the Supreme People's Procuracy, State Audit Agency and other authorities established by the National Assembly and other reports prescribed in Article 13 of Law on supervisory activities of the National Assembly and People’s Councils 2015.

- Examining legislative documents prescribed in Point a Clause 1 Article 4 of this Law in contravention of the Constitution, laws and resolutions of the National Assembly.

- Examining the replies to interpellation of the interpellated persons prescribed in Point dd Clause 1 Article 4 of Law on supervisory activities of the National Assembly and People’s Councils 2015

- Examining specialized-supervisory reports.

- Examining reports on investigation results of a certain issue sent by a provisional committee established by the National Assembly.

- Casting vote of confidence for evaluation or dismissal of officials voted or ratified by the National Assembly (hereinafter referred to as officials).

- Examining reports of The Standing Committee of National Assembly on supervisory requests of the Standing Committee of the National Assembly, the Nationality Council, Committees of National Assembly, the National Assembly delegations and National Assembly deputies.

Quoc Dat

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE