Amending the Law on Supervision, overcoming overlaps and enhancing decentralization

This morning (October 24), Mr. Duong Thanh Binh, Chairman of the National Assembly's Committee for People's Aspirations and Supervision, presented a report on explanation, acceptance and revision of the draft Law on Supervision Activities of the National Assembly and People's Councils (amended) to the National Assembly.

Accordingly, 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 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).

The draft law adds three new principles: “Ensuring the comprehensive and direct leadership of the Communist Party of Vietnam ; comprehensive but focused supervision, closely following reality; ensuring the connection between supervision activities and the completion of policies and laws, and decisions on important issues of the country and localities.”

Regarding the supervisory authority of the National Assembly and People's Councils, 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 and delegation of power, and absorb the opinions of National Assembly deputies, the draft law is revised in the direction of removing the general provisions, and at the same time clearly defining the authority of each supervisory subject 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 People's Council's committees 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 People's Council's committee at the commune level supervise the activities and legal documents of competent agencies, organizations, and individuals at the commune level.

Where necessary due to practical requirements, the National Assembly, the National Assembly Standing Committee, and National Assembly agencies shall supervise the activities of other entities at the central and local levels; the People's Councils and agencies of the People's Councils at the provincial level shall supervise other entities at the local level.

Regarding the supervisory authority of the People's Council delegation, Mr. Duong Thanh Binh said there are two types of opinions: the scope of supervision of the People's Council delegation is only when assigned by the People's Council or the Standing Committee of the People's Council at the same level; the second group of opinions proposes not to stipulate the supervisory authority of the People's Council delegation in the draft law.

In addition to the issue of authority to supervise and receive opinions of National Assembly deputies, the draft law also supplements the activities of supervising the settlement and response to voters' petitions to the National Assembly Council, the National Assembly Committees, and the People's Council's committees; supplements new activities of the National Assembly Standing Committee, the National Assembly 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.

This morning, the issues of the draft law continued to be discussed by National Assembly deputies in the hall, especially the issue of the supervisory authority of the People's Council delegation, as this is a content with two different opinions. Delegates were also interested in discussing solutions to implement additional supervisory activities in the draft law./.

(Vietnam+)

Source: https://www.vietnamplus.vn/sua-doi-luat-giam-sat-khac-phuc-chong-cheo-va-tang-cuong-phan-quyen-post1072330.vnp