Clearly define the authority of each monitoring entity

Vice Chairman of the National Assembly , Senior Lieutenant General Tran Quang Phuong chaired the meeting. Photo: Pham Thang

Adding 3 principles to ensure focused and key monitoring activities

The report on explanation, acceptance and revision of the draft Law on Supervision Activities of the National Assembly and People's Councils (amended) presented by Chairman of the Committee for People's Aspirations and Supervision Duong Thanh Binh said that regarding the scope of amendments and the name of the Law, many opinions suggested studying and expanding the scope of the draft Law to comprehensively amend and supplement the current Law on Supervision. At the same time, thoroughly overcome difficulties and shortcomings caused by legal provisions, perfect the legal basis, and improve the effectiveness of the supervision activities of the National Assembly and People's Councils.

In response to the opinions of National Assembly deputies, the National Assembly Standing Committee directed a thorough review, revision and completion of the draft Law to ensure consistency with the new provisions of the Constitution and laws on state organization and apparatus passed by the National Assembly at the 9th Session. Strictly implementing Conclusion No. 119-KL/TW and Resolution No. 66-NQ/TW of the Politburo , the draft Law only stipulates major, principled and stable contents under the authority of the National Assembly; omitting specific provisions on the order and procedures for conducting supervisory activities... and assigning the National Assembly Standing Committee to stipulate in detail.

Chairman of the People's Aspirations and Supervision Committee Duong Thanh Binh presented a report explaining, accepting and revising the draft Law on Supervisory Activities of the National Assembly and People's Councils (amended). Photo: Pham Thang

To date, the draft Law is structured into 5 chapters and 45 articles, 46 articles less than the current Law on Supervision (of which, 55 articles have been removed, 36 articles have been inherited and amended, and 9 new articles have been added). Based on the contents of the draft Law and the number of articles that have been removed, amended, and newly added, the National Assembly Standing Committee has adjusted the scope of amendments to the Law to comprehensively amend the current Law on Supervision and renamed it the Law on Supervision Activities of the National Assembly and People's Councils (amended).

Regarding the principles of supervision activities (Article 3), some opinions proposed to add the principle of Ensuring the absolute, comprehensive and direct leadership of the Communist Party of Vietnam . Some opinions suggested to review the current Law on Supervision to supplement and more fully regulate the principles in supervision activities, ensuring that supervision activities have focus, key points and are linked with other important functions of the National Assembly and People's Councils.

On the basis of inheriting the principles of supervision activities stipulated in the current Law on Supervision, and at the same time, absorbing the opinions of National Assembly Deputies, the National Assembly Standing Committee has directed the review, careful study and addition of 3 new principles in Article 3 of the draft Law, which are to ensure the comprehensive and direct leadership of the Communist Party of Vietnam; comprehensive supervision but with focus, key points, closely following reality; ensuring the connection between supervision activities and the completion of policies and laws, deciding on important issues of the country and localities.

Supplementing new activities of the National Assembly Standing Committee, the Nationalities Council, and the National Assembly Committee on Supervision

Regarding the supplementary activities of the National Assembly Standing Committee, the Nationalities Council, and the National Assembly Committees supervising the organization of opinion collection during the process of drafting laws, ordinances, and resolutions (Articles 17 and 20), some opinions proposed supplementary activities of the National Assembly Standing Committee, the Nationalities Council, and the National Assembly Committees supervising the compliance of competent agencies, organizations, and individuals with the organization of opinion collection during the process of formulating policies and drafting laws, ordinances, and resolutions.

Delegates attending the meeting. Photo: Quang Khanh

Incorporating the opinions of National Assembly deputies, on the basis of careful review, ensuring consistency with the provisions of Article 33 of the Law on Promulgation of Legal Documents, the draft Law has added new activities of the National Assembly Standing Committee, the Nationalities Council, and the National Assembly Committees on supervising the compliance of competent agencies, organizations, and individuals with the organization of collecting opinions during the process of drafting laws, resolutions of the National Assembly, ordinances, and resolutions of the National Assembly Standing Committee (at Point h, Clause 1, Article 17 and Point g, Clause 1, Article 20).

Regarding the supervisory authority of the National Assembly and People's Councils (Articles 13, 16, 19, 22, 25, 27, 30, 33, 36 and 37), some opinions suggested studying and amending to clearly define the supreme supervisory authority of the National Assembly, the supervision of the National Assembly Standing Committee, the Nationalities Council, and the National Assembly's Committees, regularly and centrally, over central state agencies; only supervise local state agencies in cases of real necessity to avoid duplication with the supervisory activities of the People's Council.

According to the National Assembly Standing Committee, Article 4 of the current Law on Supervision has a general provision on the authority of the subjects without clearly defining the subjects subject to supervision and the scope of supervision, leading to many shortcomings and duplication in implementation, reducing the effectiveness of supervision.

To overcome this limitation, and at the same time implement the policy of strengthening decentralization, delegation of power, and absorbing the opinions of National Assembly deputies, the draft Law was revised in the direction of: removing general provisions, and at the same time clearly defining the authority of each supervisory entity in Articles 13, 16, 19, 22, 25, 27, 30, 33, 36 and 37 of the draft Law.

In which, it is determined that: The National Assembly, the National Assembly Standing Committee, the Nationalities Council, and the National Assembly Committees regularly supervise the activities and legal documents of competent agencies, organizations, and individuals at the central level.

The People's Council, the Standing Committee of the People's Council, and the Committees of the People's Council at the provincial level regularly supervise the activities and legal documents of competent agencies, organizations, and individuals at the provincial level; the People's Council, the Standing Committee of the People's Council, and the Committees of the People's Council at the commune level supervise the activities and legal documents of competent agencies, organizations, and individuals at the commune level.

In case of necessity due to practical requirements, the National Assembly, the National Assembly Standing Committee, and the National Assembly's agencies shall supervise the activities of other entities at the central and local levels; the People's Council and the agencies of the People's Council at the provincial level shall supervise other entities at the local level (this provision continues to inherit Clause 2, Article 4 of the current Law on Supervision and does not remove the National Assembly's supervisory authority over local agencies, organizations, and individuals).

Source: https://daibieunhandan.vn/quy-dinh-ro-tham-quyen-cua-tung-chu-the-giam-sat-10392731.html