Tiếng Việt| THE NATIONAL ASSEMBLY | SOCIALIST REPUBLIC OF VIET NAM |
| No: 05/2003/QH11 | Hanoi, June 17, 2003 |
ON SUPERVISORY ACTIVITIES OF THE NATIONAL ASSEMBLY
(No. 05/2003/QH11 of June 17, 2003)
In order to raise the effectiveness and efficiency of the supervisory activities of the National Assembly, contributing to ensuring that the Constitution, laws and resolutions of the National Assembly as well as ordinances and resolutions of the National Assembly Standing Committee be strictly and uniformly enforced;
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No.51/2001/QH10 of December 2001 of the Xth National Assembly, the 10th session;
This Law prescribes the supervisory activities of the National Assembly, the National Assembly Standing Committee, the Nationality Council, the Committees of the National Assembly, the Associations of National Assembly deputies and the National Assembly deputies.
Article 1.- The supervisory function of the National Assembly
The National Assembly exercises the supreme right to supervise the entire operation of the State.
The National Assembly exercises its supreme supervisory right at the National Assembly sessions on the basis of the supervisory activities of the National Assembly Standing Committee, the Nationality Council, the Committees of the National Assembly, the Associations of National Assembly deputies and the National Assembly deputies.
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In this Law, the following terms are construed as follows:
1. Supervision means that the National Assembly, the National Assembly Standing Committee, the Nationality Council, the Committees of the National Assembly, the Associations of National Assembly deputies and the National Assembly deputies oversee, consider and evaluate activities of the agencies, organizations and individuals that are subject to supervision in the enforcement of the Constitution, laws and resolutions of the National Assembly as well as ordinances and resolutions of the National Assembly Standing Committee.
2. Interpellation is a supervisory activity in which National Assembly deputies raise questions on matters falling within the responsibilities of the State President, the National Assembly chairman, the Prime Minister, the ministers or other members of the Government, the chief judge of the Supreme People's Court or the chairman of the Supreme People's Procuracy and request those persons to reply.
Article 3.- Supervisory competence of the National Assembly, the agencies of the National Assembly, the Associations of National Assembly deputies and the National Assembly deputies
1. The supervisory competence of the National Assembly, the agencies of the National Assembly, the Associations of National Assembly deputies and the National Assembly deputies is prescribed as follows:
a) The National Assembly supervises activities 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 in the enforcement of the Constitution, laws and resolutions of the National Assembly; supervises legal 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;
b) The National Assembly Standing Committee supervises activities of the Government, the Prime Minister, the ministers and other members of the Government, the Supreme People's Court, the Supreme People's Procuracy and the People's Councils of the provinces or centrally-run cities in the implementation of the Constitution, laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee; supervises legal documents of the Government, the Prime Minister, the Supreme People's Court, the Supreme People's Procuracy, resolutions of the provincial/municipal People's Councils; and assists the National Assembly in exercising the supervisory right under the assignment by the National Assembly;
c) The Nationality Council and the Committees of the National Assembly, within the scope of their tasks and powers, supervise activities of the Government, the Prime Minister, the ministries, the ministerial-level agencies, the Supreme People's Court and the Supreme People's Procuracy in the implementation of the laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee; supervise legal documents in the domains under their respective charge; assist the National Assembly and the National Assembly Standing Committee in exercising the supervisory right under the assignment by these agencies;
d) Associations of National Assembly deputies organize their supervisory activities and arrange for the National Assembly deputies in the Associations to supervise the law implementation in the localities; supervise legal documents of the People's Councils and the People's Committees of the provinces or centrally-run cities; supervise the settlement of complaints and denunciations of citizens; join in the supervisory delegations of the National Assembly Standing Committee, the National Council, the Committees of the National Assembly in the localities when so requested;
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2. When deeming it necessary, the National Assembly, the National Assembly Standing Committee, the Nationality Council and the Committees of the National Assembly supervise activities of other agencies, organizations and individuals.
Article 4.- Responsibilities of the National Assembly, the agencies of the National Assembly, the Associations of National Assembly deputies, and the National Assembly deputies in exercising the supervisory right
The exercise of the supervisory right of the National Assembly, the National Assembly Standing Committee, the Nationality Council, the Committees of the National Assembly, the Associations of National Assembly deputies and the National Assembly deputies must ensure the publicity, objectivity, the right competence, order and procedures as prescribed by law and must not obstruct the normal operations of the supervised agencies, organizations and individuals. The National Assembly Standing Committee, the Nationality Council, the Committees of the National Assembly, the Associations of National Assembly deputies, and the National Assembly deputies shall take responsibility for their supervision decisions, requests and/or proposals.
The National Assembly shall consider, evaluate and report on its supervisory activities before the voters nationwide.
The National Assembly Standing Committee shall take responsibility for and report on its supervisory activities before the National Assembly.
The Nationality Council and the Committees of the National Assembly shall take responsibility for and report on their respective supervisory activities before the National Assembly and the National Assembly Standing Committee.
The Associations of National Assembly deputies shall take responsibility for their respective supervisory activities; report on the supervisory activities of the Associations and of the National Assembly deputies in the Associations to the National Assembly Standing Committee.
The National Assembly deputies shall take responsibility for and report on the performance of their supervisory tasks before voters in their respective localities.
Article 5.- Rights and responsibilities of supervised agencies, organizations and individuals
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Article 6.- Participation of agencies, organizations and individuals in supervision
1. When exercising their supervisory right, the National Assembly, the National Assembly Standing Committee, the Nationality Council, the Committees of the National Assembly, the Associations of National Assembly deputies and the National Assembly deputies shall rely on the participation of people, the Vietnam Fatherland Front Committees and the Front's member organizations.
2. When conducting supervisory activities, the National Assembly Standing Committee, the Nationality Council, the Committees of the National Assembly, the Associations of National Assembly deputies and the National Assembly deputies may invite representatives of the Vietnam Fatherland Front Committees and the Front's member organizations and request representatives of the concerned agencies, organizations and individuals to participate therein; the agencies, organizations and individuals shall have to satisfy such request.
SUPREME SUPERVISORY ACTIVITIES OF THE NATIONAL ASSEMBLY
Article 7.- Supervisory activities of the National Assembly
The National Assembly performs the supervision through the following activities:
1. Examining working reports of the State President, the National Assembly Standing Committee, the Government, the Supreme People's Court and the Supreme People's Procuracy;
2. Examining reports of the National Assembly Standing Committee on the situation of enforcement of the Constitution, laws and resolutions of the National Assembly;
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4. Examining interpellation replies of the State President, the National Assembly chairman, the Prime Minister, ministers and other members of the Government, the chief judge of the Supreme People's Court and/or the chairman of the Supreme People's Procuracy;
5. Setting up the Provisional Committee for investigating a certain issue and examining the report on investigation results of the Committee.
Article 8.- Supervisory programs of the National Assembly
The National Assembly decides on its annual supervisory programs at the proposals of the National Assembly Standing Committee, the Nationality Council, the Committees of the National Assembly, the Associations of National Assembly deputies, National Assembly deputies, the Vietnam Father Front Central Committee and at the opinions and proposals of the voters nationwide.
The National Assembly Standing Committee shall project the supervisory program of the National Assembly and submit it to the National Assembly for consideration and decision at the year-end session of the previous year and organize the implementation of such program.
Article 9.- Examining working reports
1. At year-end sessions, the National Assembly shall examine and discuss the annual working reports of the National Assembly Standing Committee, the Government, the Supreme People's Court, the Supreme People's Procuracy. At mid-year sessions, these agencies shall forward their working reports to National Assembly deputies; when necessary, the National Assembly may examine and discuss them.
At its term-end session, the National Assembly shall examine and discuss the working reports on the whole term of the National Assembly, the State President, the National Assembly Standing Committee, the Prime Minister, the chief judge of the Supreme People's Court, the chairman of the Supreme People's Procuracy.
The National Assembly may request the National Assembly Standing Committee, the Government, the Supreme People's Court and/or the Supreme People's Procuracy to report on other issues when deeming it necessary.
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3. The National Assembly shall examine and discuss reports in the following order:
a) The heads of the agencies defined in Clause 1 of this Article present the reports;
b) The chairman of the Nationality Council or the chairman of the concerned Committee of the National Assembly presents the verification report;
c) The National Assembly holds discussions;
d) The agency heads presenting the reports may additionally present relevant matters which the National Assembly deputies are interested in;
e) The National Assembly issues resolutions on the work of the agencies which have presented their reports when deeming it necessary.
Article 10.- Examining legal documents which show signs of contravening the Constitution, laws and/or resolutions of the National Assembly
1. When detecting that legal documents of the Government, the Prime Minister, the Supreme People's Court and/or the Supreme People's Procuracy show signs of contravening the Constitution, laws and/or resolutions of the National Assembly, the National Assembly Standing Committee shall consider and suspend the implementation thereof and propose the National Assembly to consider and decide on the cancellation of parts or whole of such documents at its nearest session.
When detecting that legal documents of the National Assembly Standing Committees and/or the State President show signs of contravening the Constitution, laws and/or resolutions of the National Assembly, the National Assembly deputies shall propose the National Assembly Standing Committee and/or the State President to amend or annul parts or whole of such documents; the National Assembly Standing Committee and/or the State President shall have to examine them and reply the National Assembly deputies. In cases where the National Assembly deputies disagree with the replies of the National Assembly Standing Committee and/or the State President, they shall request the National Assembly Standing Committee to submit them to the National Assembly for consideration and decision at its nearest session.
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a) The National Assembly Standing Committee submits to the National Assembly for consideration the legal documents which show signs of contravening the Constitution, laws and/or resolutions of the National Assembly;
b) The National Assembly holds discussions.
In the course of discussions, the heads of the agencies which have promulgated such legal documents may additionally present relevant matters;
c) The National Assembly issues resolutions that the legal documents do not contravene the Constitution, laws and/or resolutions of the National Assembly; decides to annul parts or whole of the legal documents which contravene the Constitution, laws and/or resolutions of the National Assembly.
Article 11.- Interpellation and answers at sessions
At the National Assembly sessions, the interpellation and answers thereto shall be carried out as follows:
1. National Assembly deputies clearly write the interpellating contents and the to be- interpellated persons in the interpellation cards and send them to the National Assembly chairman for transfer to the interpellated persons. The session secretariat shall assist the National Assembly chairman in summing up the questions of National Assembly deputies for report to the National Assembly Standing Committee;
2. The National Assembly Standing Committee projects the list of persons responsible for answers to interpellations at the sessions and report it to the National Assembly for decision.
3. Answers to interpellations at plenary meetings of the National Assembly shall be carried out in the following order:
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b) National Assembly deputies may put questions related to the interpellated contents for the interpellated persons to answer.
The time for answer to interpellation, the time for putting questions and making additional answers shall comply with the provisions in Article 43 of the Internal Regulations of the National Assembly sessions;
4. After listening to answers, if National Assembly deputies disagree with the reply contents, they may propose the National Assembly to continue the discussions at such meetings, to put up for discussions at other meetings of the National Assembly or propose the National Assembly to consider the responsibility of the interpellated persons. The National Assembly shall issue resolutions on answers to interpellations and responsibilities of the interpellated persons when deeming it necessary;
5. Persons who have given answers to interpellations at National Assembly sessions, at meetings of the National Assembly Standing Committee or have given written answers to questions of National Assembly deputies shall have to report to the National Assembly deputies in writing the realization of matters they pledged in their answers to interpellations at the next session.
Article 12.- Setting up the Provisional Committee of the National Assembly
1. When deeming it necessary, the National Assembly Standing Committee shall propose on its own or at the request of the State President, the Prime Minister, the Nationality Council, the Committees of the National Assembly or National Assembly deputies the National Assembly to decide on the setting up of the Provisional Committee for investigation of a certain issue.
The tasks and powers of the Provisional Committee shall be decided by the National Assembly.
2. The National Assembly examines the reports on the results of investigation by the Provisional Committee in the following order:
a) The chairman of the Provisional Committee presents the report on investigation results;
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c) The National Assembly issues a resolution on the investigated issue.
Article 13.- The National Assembly organizes votes of confidence
1. The National Assembly shall organize votes of confidence on persons holding positions elected or ratified by the National Assembly according to the following regulations:
a) The National Assembly Standing Committee shall propose on its own or at the request of at least twenty percent (20%) of the total number of National Assembly deputies or the request of the Nationality Council or Committees of the National Assembly the National Assembly to organize votes of confidence on persons holding positions elected or ratified by the National Assembly;
b) Persons put up for votes of confidence are entitled to present their opinions before the National Assembly;
c) The National Assembly holds discussions and casts votes of confidence.
2. In cases where the persons put up for votes of confidence receive votes of confidence by less than half of the total number of the National Assembly deputies, the agencies or persons that nominated them for election to such positions or proposed the ratification thereof shall have to propose the National Assembly to consider and decide on the relief from duty or dismissal or ratify the relief from duty or dismissal of such persons.
Article 14.- The National Assembly's competence in examining the supervision results
Basing itself on the supervision results, the National Assembly shall have the following rights:
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2. To annul parts or whole of legal documents of the State President, the National Assembly Standing Committee, the Government, the Prime Minister, the Supreme People's Court and/or the Supreme People's Procuracy, which are contrary to the Constitution, laws and/or resolutions of the National Assembly;
3. To adopt resolutions on answers to interpellations and responsibilities of the interpellated persons when deeming it necessary;
4. To relieve from duty or remove from office the State President, the State Vice-President, the National Assembly chairman, the National Assembly deputy-chairmen, members of the National Assembly Standing Committee, the Prime Minister, the chief judge of the Supreme People's Court and the chairman of the Supreme People's Procuracy; to ratify the relief from duty or dismissal of deputy-prime ministers, ministers and other members of the Government.
SUPERVISORY ACTIVITIES OF THE NATIONAL ASSEMBLY STANDING COMMITTEE
Article 15.- Supervisory activities of the National Assembly Standing Committee
The National Assembly Standing Committee shall conduct supervision through the following activities:
1. Examining working reports of the Government, the Supreme People's Court and the Supreme People's Procuracy during the intervals between two National Assembly sessions;
2. Examining 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 Constitution, laws and/or resolutions of the National Assembly, ordinances and/or resolutions of the National Assembly Standing Committee;
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4. Examining working reports of the provincial/municipal People's Councils; examining resolutions of the provincial/municipal People's Councils which show signs of contravening the Constitution, laws and/or resolutions of the National Assembly, ordinances and/or resolutions of the National Assembly Standing Committee;
5. Examining the settlement of complaints and denunciations of citizens;
6. Organizing supervising delegations.
Article 16.- Supervisory programs of the National Assembly Standing Committee
The National Assembly Standing Committee shall decide on its quarterly and annual supervisory programs, based on the supervisory programs of the National Assembly, the proposals of the Nationality Council, the Committees of the National Assembly, Associations of National Assembly deputies, National Assembly deputies or the Vietnam Fatherland Front Central Committee and the opinions and proposals of voters nationwide.
Basing itself on the approved supervisory programs, the National Assembly Standing Committee shall assign its members to materialize the contents in the programs; may assign a number of program contents to the Nationality Council and/or Committees of the National Assembly for implementation then reporting on the results to the National Assembly Standing Committee; and decide on the implementation progress and measures to ensure the implementation of supervisory programs.
Article 17.- Examining reports of the Government, the Supreme People's Court, the Supreme People's Procuracy
1. During the intervals between two National Assembly sessions, the National Assembly Standing Committee shall examine working reports of the Government, the Supreme People's Court and the Supreme People's Procuracy; request these agencies to report on other issues when deeming it necessary.
2. The reports of the Government, the Supreme People's Court and the Supreme People's Procuracy shall be verified by the Nationality Council or the National Assembly's Committees before they are submitted to the National Assembly Standing Committee.
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a) The heads of the agencies defined in Clause 1 of this Article present the reports;
b) The chairman of the Nationality Council or heads of the National Assembly's Committees present the verification report;
c) Representatives of the agencies or organizations, invited to attend the meeting, give speeches;
d) The National Assembly Standing Committee holds discussions;
e) The heads of the agencies presenting the reports may additionally present relevant matters which the National Assembly Standing Committee members are interested in;
f) The National Assembly Standing Committee issues resolutions on the works of the agencies which have presented the reports when deeming it necessary.
Article 18.- Examining legal documents which show signs of contravening the Constitution, laws and/or resolutions of the National Assembly as well as ordinances and/or resolutions of the National Assembly Standing Committee
1. The National Assembly Standing Committee examines on its own or at the requests of the Nationality Council, Committees of the National Assembly, Associations of National Assembly deputies or of National Assembly deputies the 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 Constitution, laws and/or resolutions of the National Assembly as well as ordinances and/or resolutions of the National Assembly Standing Committee. The National Assembly Standing Committee assigns the Nationality Council or Committees of the National Assembly to prepare opinions on those legal documents for report to the National Assembly Standing Committee.
2. The National Assembly Standing Committee examines the legal documents prescribed in Clause 1 of this Article in the following order:
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b) The National Assembly Standing Committee holds discussions;
c) The heads of the agencies that have promulgated such legal documents present opinions;
d) The National Assembly Standing Committee issues resolutions that the legal documents are not contrary to the Constitution, laws, resolutions of the National Assembly, ordinances and/or resolutions of the National Assembly Standing Committee; decides to annul parts or whole of the legal documents contrary to ordinances and/or resolutions of the National Assembly Standing Committee; suspends the implementation of parts or whole of the legal documents contrary to the Constitution, laws, resolutions of the National Assembly and submits them to the National Assembly for consideration and decision at its nearest session.
Article 19.- Answers to interpellations at meetings of the National Assembly Standing Committee
1. The answers to interpellation at meetings of the National Assembly Standing Committee shall be carried out as follows:
a) The National Assembly chairman puts forth interpellations of National Assembly deputies, which have been decided by the National Assembly to be answered at the meetings of the National Assembly Standing Committee and other questions forwarded to the National Assembly Standing Committee during the interval between two National Assembly sessions;
b) The interpellated persons answer directly and fully the contents of issues questioned by National Assembly deputies and clearly determine the responsibility therefor and remedial measures;
c) The interpellating National Assembly deputies may be invited to attend meetings of the National Assembly Standing Committee and give their opinions. In cases where they fail to attend such meetings, the contents of the replies to questions and the results of the meetings on answers to interpellations must be sent to such deputies within no more than seven days as from the conclusion of the meetings of the National Assembly Standing Committee; if they disagree with the reply contents, they are entitled to request the National Assembly Standing Committee to put up for discussions at National Assembly sessions.
2. After hearing answers to interpellations, the National Assembly Standing Committee issues resolutions on the answer to interpellation and the responsibilities of the interpellated persons when deeming it necessary.
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1. The National Assembly Standing Committee decides on its own or at proposals of the Prime Minister, the Nationality Council, Committees of the National Assembly, the Associations of National Assembly deputies or National Assembly deputies to examine resolutions of the provincial/municipal People's Councils, which 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 Standing Committee assigns the Nationality Council or Committees of the National Assembly to prepare opinions on those resolutions for report to the National Assembly Standing Committee.
2. The National Assembly Standing Committee examines the resolutions prescribed in Clause 1 of this Article in the following order:
a) The chairman of the Nationality Council or the chairman of the concerned Committee of the National Assembly presents opinions;
b) The National Assembly Standing Committee holds discussions;
c) The chairmen of the People's Councils where the resolutions were issued, who are invited to attend the meetings, present opinions;
d) The National Assembly Standing Committee issues resolutions that the resolutions of the provincial/municipal People's Councils are not contrary to the Constitution, laws, resolutions of the National Assembly, ordinances and/or resolutions of the National Assembly Standing Committee; decides to annul parts or whole of the resolutions of the 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.
Article 21.- Examining reports on activities of the provincial/municipal People's Councils
Annually, the provincial/municipal People's Councils send reports on their activities to the National Assembly Standing Committee.
When deeming it necessary, the National Assembly Standing Committee considers and issues resolutions on activities of the provincial/municipal People's Councils.
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The National Assembly Standing Committee supervises the elections of deputies to the National Assembly and deputies to the People's Councils of all levels, ensuring that the elections are carried out in a democratic and lawful manner.
The order and procedures for supervising the elections of deputies to the National Assembly and deputies to the People's Councils of all level shall comply with the law provisions on elections.
Article 23.- Organizing supervising delegations of the National Assembly Standing Committee
1. Basing itself on its supervisory programs or at the request of the National Assembly, the proposals of the Nationality Council, the Committees of the National Assembly, Associations of National Assembly deputies or National Assembly deputies, the National Assembly Standing Committee decides to set up its supervising delegations.
The National Assembly Standing Committee's resolutions on setting up the supervising delegations must clearly define the supervision contents and plans, the composition of the supervising delegations and the to be-supervised agencies, organizations and/or individuals.
The supervising delegations' supervision contents and plans shall be notified to the to be-supervised agencies, organizations and/or individuals at least seven days before the delegations carry out the 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 resolutions on setting up the supervising delegations;
b) To request the supervised agencies, organizations and/or individuals to report in writing, to supply information and documents related to the supervision contents, explain matters which the supervising delegations are interested in;
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d) When detecting acts of law violation, which cause harms 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 to timely put an end to the violation acts and 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 agencies, organizations and/or individuals committing acts of violation as provided for by law;
e) Within no more than fifteen days after the conclusion of the supervisory activities, the supervising delegations must send the supervision reports to the National Assembly Standing Committee for consideration and decision.
Article 24.- Examining reports of the supervising delegations of the National Assembly Standing Committee
The National Assembly Standing Committee examines the reports of its supervising delegations in the following order:
1. The delegation heads present the reports;
2. The representatives of agencies and/or organizations, invited to attend the meetings, give their opinions;
3. The National Assembly Standing Committee holds discussions.
In the course of discussion, the representatives of the supervising delegations may additionally present the relevant matters;
4. The National Assembly Standing Committee issues resolutions on the supervised issues. Those resolutions shall be sent to the supervised agencies, organizations and/or individuals.
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The National Assembly Standing Committee supervises the implementation of the legislation on complaints and denunciations; examines reports of the Government, the Supreme People's Court and the Supreme People's Procuracy on settlement of complaints and denunciations; organizes supervising delegations or assigns the Nationality Council or Committees of the National Assembly to supervise the settlement of complaints and denunciations.
When detecting acts of law violation, which cause harms to the interests of the State, the legitimate rights and interests of organizations and/or individuals, the National Assembly Standing Committees requests competent agencies, organizations and/or individuals to apply measures to timely put an end to acts of law violation, examine the responsibilities, handle the violators, restore the interests of the State, the legitimate rights and interests of the infringed organizations and/or individuals, and at the same time requests competent persons to consider and settle them; if disagreeing with the settlement by such persons, requests the heads of the immediate superior agencies or organizations to consider and settle them. The concerned agencies, organizations and individuals shall have to meet the requests of the National Assembly Standing Committee and report to the latter within seven days as from the date the settlement decisions are issued.
Article 26.- The National Assembly Standing Committee's competence in examining the supervision results
Based on the supervision results, the National Assembly Standing Committee has the following rights:
1. To suspend the implementation of parts or whole of the legal documents of the Government, the Prime Minister, the Supreme People's Court and/or the Supreme People's Procuracy, which are contrary to the Constitution, laws, resolutions of the National Assembly and propose the National Assembly to consider and decide on the annulment of parts of whole of those legal documents at its nearest session;
2. To decide on the annulment of parts or whole of the legal documents of the Government, the Prime Minister, the Supreme People's Court and/or the Supreme People's Procurary, which are contrary to ordinances and/or resolutions of the National Assembly Standing Committee;
3. To propose the National Assembly or to request the competent agencies or individuals to relieve from duty, remove from office or dismiss, handle persons who commit serious law violations;
4. To propose the National Assembly to organize votes of confidence on persons holding positions elected or ratified by the National Assembly;
5. To decide on annulment of parts or whole of the erroneous resolutions of the provincial/municipal People's Councils; to dissolve the provincial/municipal People's Councils in cases they cause serious damage to the people's interests;
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7. To request competent agencies, organizations and/or individuals to apply measures to timely put an end to acts of law violation, examine the responsibilities, handle violators, timely restore the interests of the State, the legitimate rights and interests of the infringed organizations and/or individuals;
8. To cancel the election of People's Council deputies at the election units where serious law violations are committed and decide on the re-election at such election units.
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;
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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.
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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;
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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.
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;
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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;
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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;
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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
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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.
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;
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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
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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.
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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;
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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:
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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.
Chapter VI
RIGHTS AND RESPONSIBILITIES OF SUPERVISED AGENCIES, ORGANIZATIONS AND INDIVIDUALS AND MEASURES TO ENSURE THE SUPERVISORY ACTIVITIES
Article 45.- Responsibilities of the supervised agencies, organizations and individuals
1. The supervised agencies, organizations and individuals shall have to strictly abide by the decisions of the National Assembly, the National Assembly Standing Committee; create favorable conditions for agencies of the National Assembly, Associations of National Assembly deputies and National Assembly deputies to exercise their supervisory rights; timely supply necessary information and documents when so requested; settle, reply requests and proposals of the Nationality Council, Committees of the National Assembly, Associations of National Assembly deputies and National Assembly deputies.
2. The Government, the Prime Minister, the Supreme People's Court, the Supreme People's Procuracy, the ministers, the heads of the ministerial-level agencies and the concerned agencies as well as organizations shall have to send the legal documents they have promulgated to the National Assembly Standing Committee, the Nationality Council, the concerned Committees of the National Assembly within three days as from the dates the legal documents are signed.
The provincial/municipal People's Councils and People's Committees shall have to send the legal documents they have promulgated to the Associations of National Assembly deputies within three days as from the dates the documents are signed.
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4. The supervised individuals and the heads of the supervised agencies or organizations, who commit acts of obstructing or failing to implement the requests, decisions of the National Assembly, the National Assembly Standing Committee, the Nationality Council, Committees of the National Assembly, Associations of National Assembly deputies or National Assembly deputies when they exercise their right to supervision, such persons shall, depending on the nature and seriousness of their violations, be disciplined, administratively sanctioned or examined for penal liability.
Article 46.- Rights of the supervised agencies, organizations and individuals
When the National Assembly, the National Assembly Standing Committee, the Nationality Council, Associations of National Assembly deputies or National Assembly deputies carry out supervisory activities, the supervised agencies, organizations and individuals shall have the following rights:
1. To be notified in advance of the supervision plans and contents or contents requested for report and answers under the provisions of law;
2. To present opinions on relevant contents belonging to their respective tasks and powers;
3. To decline to answer or supply information which do not fall under their tasks and powers or the information classified as State secrets under the provisions of law;
4. To propose the agencies of the National Assembly, Associations of National Assembly deputies and/or National Assembly deputies to reconsider the supervisory requests and proposals related to activities of their respective agencies, organizations or units; in case of disagreeing with the supervisory requests and proposals of the Nationality Council, Associations of National Assembly deputies or National Assembly deputies, to propose by themselves or report to the heads of their immediate superior agencies, organizations or units for proposing the National Assembly or the National Assembly Standing Committee to consider and conclude on such requests and proposals.
Article 47.- Responsibilities of the National Assembly's Office, the assisting offices of National Assembly deputies' Associations
The National Assembly's Office and the assisting offices of National Assembly deputies' Associations shall, within the scope of their functions and tasks, have to ensure material conditions and supply necessary information and documents for, and organize the service of, the National Assembly, the National Assembly Standing Committee, the Nationality Council, the Committees of the National Assembly, the National Assembly deputies' Associations and the National Assembly deputies to carry out the supervisory activities.
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IMPLEMENTATION PROVISIONS
Article 48.- Implementation effect
This Law takes implementation effect as from August 1st, 2003.
The previous regulations contrary to this Law shall all be annulled.
Article 49.- Implementation guidance
The National Assembly Standing Committee shall guide the implementation of this Law.
This Law was passed on June 17, 2003 by the XIth National Assembly of the Socialist Republic of Vietnam at its 3rd session.
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