Increase the legal binding and enforcement effectiveness of supervision

Citing the reality of many cases where the supervised agencies are slow to report or only "respond in form", National Assembly deputies recommended considering establishing a post-supervision mechanism in the direction of requiring periodic reporting of the results of implementing supervision recommendations, with clear sanctions for cases of slow resolution, and assigning responsibility to the head.

Continuing the 10th Session, on the morning of October 24, the National Assembly discussed in the hall a number of contents with different opinions of the draft Law on Supervisory Activities of the National Assembly and People's Councils (amended).

Delegates agreed that the passage of the draft Law with progressive and feasible contents will be an important driving force to innovate and further improve the effectiveness of supervision - one of the key functions of the National Assembly and People's Councils at all levels.

Avoid the situation of "monitoring is done"

Giving comments to complete the draft Law, delegate Thach Phuoc Binh (Vinh Long Delegation) said that currently, the resolutions, conclusions or supervisory recommendations of the National Assembly, the National Assembly Standing Committee, the Ethnic Council, the National Assembly Committees and the People's Councils, although having high political value, do not have a legal mechanism to enforce their implementation.

Delegate Thach Phuoc Binh ( Vinh Long Delegation). (Photo: DUY LINH)

The current law does not clearly define responsibilities, sanctions, time limits and agencies to monitor the implementation of supervision recommendations. In many cases, the supervising agencies are slow to report or only “respond in form” without specific results, leading to the situation of “monitoring is done and that is it”.

From the above analysis, delegate Thach Phuoc Binh proposed that the draft add a separate provision stipulating that the agencies, organizations and individuals subject to supervision must report the results of implementing the resolution, conclusions and recommendations for supervision within 60 days from the date of receiving the document.

The supervisory authority has the right to request additional reports or re-monitor if the results are unsatisfactory. In case of non-implementation or deliberate delay, the supervisory entity has the right to petition the competent authority to review the responsibility of the head.

Delegates also proposed adding a mechanism to “prosecute administrative or disciplinary responsibility” for heads of agencies that do not comply with supervisory recommendations. In addition, the National Assembly Standing Committee should periodically compile and publicly announce a list of agencies and localities that are slow or have not yet implemented supervisory recommendations, creating pressure for publicity and transparency.

Consider establishing a “post-monitoring” mechanism to ensure a closed monitoring process

Sharing the same view on this issue, delegate Ta Van Ha (Da Nang City Delegation) said that the draft Law has not clearly shown the regulations in the "post-supervision" stage to improve the effectiveness of re-supervision.

According to the delegate, currently, there is a lack of an effective mechanism to monitor, check, and evaluate the implementation of conclusions, resolutions, and recommendations after supervision. The conclusions and recommendations of supervisions often "stop at the recommendation level".

Delegate Ta Van Ha (Da Nang City Delegation). (Photo: DUY LINH)

Delegates recommended that it is necessary to consider establishing a "post-monitoring" mechanism to ensure a complete closed monitoring process including the following steps: monitoring to collect information, evaluating, making recommendations, and following up to re-evaluate.

At the same time, there are regulations on mandatory reporting for the subjects of supervision in implementing recommendations; re-monitoring if there is no change or implementation does not meet requirements.

Delegate Ha Sy Dong (Quang Tri Delegation) shared the same assessment that many recent monitoring conclusions have not been seriously implemented, reducing the prestige of elected bodies and the effectiveness of the law.

Therefore, delegates proposed to add provisions on responsibility for implementation and post-monitoring sanctions, possibly in the direction of requiring periodic reporting on the results of implementing monitoring recommendations and having clear sanctions for cases of slow resolution or failure to implement, attaching responsibility to the head.

"Only when the monitoring conclusions are seriously implemented can a closed circle of monitoring, inspection, handling and policy improvement be created," said delegate Ha Sy Dong.

Attach responsibility to the head in implementing the monitoring conclusion

Concerned about the responsibility of agencies, organizations and individuals under supervision, delegate Nguyen Thi Suu (Hue City Delegation) said that the provisions in Article 7 of the draft Law are lacking sanctions and responsibility of the head.

Delegates attending the discussion session on the morning of October 24. (Photo: DUY LINH)

Delegates proposed to add to Clause 3 the content "Heads of agencies and organizations under supervision are personally responsible if they fail to report on time, content or do not implement supervision conclusions".

At the same time, add to Clause 4, Article 7 the content "In case of non-implementation or incomplete implementation of recommendations, the agency, organization or individual under supervision must have a written explanatory report sent to the supervisory entity and competent authority to consider responsibility".

Delegate Ta Van Ha also proposed to regulate the responsibilities of leaders (both political and administrative responsibilities) in implementing the supervision conclusions; strengthen the role of the National Assembly Standing Committee, the People's Aspirations and Supervision Committee, the Ethnic Council, the National Assembly Committees, the People's Council Committees... in monitoring, supervising and organizing the assessment and re-inspection of the re-supervision.

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Source: https://nhandan.vn/tang-tinh-rang-buoc-phap-ly-va-hieu-luc-thuc-thi-cua-giam-sat-post917715.html