Law on Oversight Activities of the National Assembly and People’s Councils, Law No. 87/2015/QH13

Order

On the promulgation of law[1]

THE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to Articles 88 and 91 of the Constitution of the Socialist Republic of Vietnam;

Pursuant to Article 91 of the Law on Organization of the National Assembly;

Pursuant to Article 57 of the Law on Promulgation of Legal Documents,

PROMULGATES:

The Law on Oversight Activities of the National Assembly and People’s Councils,

which was passed on November 20, 2015, by the XIII^thNational Assembly of the Socialist Republic of Vietnam at its 10^thsession.

President of the Socialist Republic of Vietnam
TRUONG TAN SANG

Law

on Oversight Activities of the National Assembly and People’s Councils[2]

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on Oversight Activities of the National Assembly and People’s Councils.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Law provides for oversight activities of the National Assembly, the Standing Committee of the National Assembly, the Ethnic Council, Committees of the National Assembly, National Assembly deputies’ delegations, National Assembly deputies, People’s Councils, Standing Bodies of People’s Councils, Boards of People’s Councils, groups of People’s Council deputies and People’s Council deputies; and responsibilities of agencies, organizations and individuals subject to oversight and other agencies, organizations and individuals engaged in oversight activities.

Article 2.Interpretation of terms

In this Law, the terms below are construed as follows:

1.Oversightmeans that overseeing subjects monitor, consider and evaluate operations of agencies, organizations and individuals subject to oversight regarding the observance of the Constitution and law in performing their tasks and exercising their powers, and handle according to their competence or request or propose competent agencies to handle such agencies, organizations and individuals.

2.Overseeing subjectsinclude the National Assembly, the Standing Committee of the National Assembly, the Ethnic Council, Committees of the National Assembly, National Assembly deputies’ delegations, National Assembly deputies, People’s Councils, Standing Bodies of People’s Councils, Boards of People’s Councils, groups of People’s Council deputies and People’s Council deputies.

3.Supreme oversightmeans that the National Assembly monitors, considers and evaluates operations of agencies, organizations and individuals subject to oversight regarding the observance of the Constitution, laws and ordinances of the National Assembly, and handle according to its competence or requests competent agencies to handle such agencies, organizations and individuals. Supreme oversight shall be conducted at National Assembly sessions.

4.Specialized oversightmeans that overseeing subjects monitor, consider and evaluate issues or operations of agencies, organizations and individuals subject to oversight regarding the observance of the Constitution and law.

5.Oversight by the National Assemblycovers supreme oversight by the National Assembly and oversight by the Standing Committee of the National Assembly, the Ethnic Council, Committees of the National Assembly, National Assembly deputies’ delegations, and National Assembly deputies.

6.Oversight by People’s Councilscovers oversight by People’s Councils at their sessions and oversight by Standing Bodies of People’s Councils, Boards of People’s Councils, groups of People’s Council deputies and People’s Council deputies.

7.Questioningmeans that National Assembly deputies raise questions about issues falling under the responsibilities of the President, the National Assembly Chairperson, the Prime Minister and other cabinet members, the Chief Justice of the People’s Supreme Court, the Procurator General of the People’s Supreme Procuracy and the State Auditor General; or People’s Council deputies raise questions about issues falling under the responsibilities of chairpersons or other members of People’s Committees, chief justices of People’s Courts, chief procurators of People’s Procuracies and heads of agencies under People’s Committees of the same level and request these persons to answer about their responsibilities for these issues.

8.Explainingmeans that concerned agencies and individuals justify and clarify their responsibilities in performing their assigned tasks and exercising their assigned powers at the request of overseeing subjects in accordance with this Law.

Article 3.Principles of oversight activities

1. To comply with the Constitution and law.

2. To ensure objectiveness, publicity, transparency and effectiveness.

3. Not to obstruct normal operations of agencies, organizations and individuals subject to oversight.

Article 4.Overseeing competence of the National Assembly

1. The overseeing competence of the National Assembly, the Standing Committee of the National Assembly, the Ethnic Council, Committees of the National Assembly, National Assembly deputies’ delegations and National Assembly deputies is specified as follows:

a/ The National Assembly shall conduct supreme oversight of the observance of the Constitution and laws and resolutions of the National Assembly; operations of the President, the Standing Committee of the National Assembly, the Government, the Prime Minister, ministers and other cabinet members, the Supreme People’s Court, the Supreme People’s Procuracy, the National Election Council, the State Audit Office of Vietnam and other agencies established by the National Assembly; legal documents of the President, the Standing Committee of the National Assembly, the Government, the Prime Minister, the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy and the State Auditor General; and joint resolutions of the Standing Committee of the National Assembly or the Government and the Presidium of the Vietnam Fatherland Front Central Committee; joint circulars of the Chief Justice of the Supreme People’s Court and the Procurator General of the Supreme People’s Procuracy, and joint circulars of ministers or heads of ministerial-level agencies and the Chief Justice of the Supreme People’s Court or the Procurator General of the Supreme People’s Procuracy;

b/ The Standing Committee of the National Assembly shall oversee the enforcement of the Constitution, laws and resolutions of the National Assembly, ordinances and resolutions the Standing Committee of the National Assembly; oversee operations of the Government, the Supreme People’s Court, the Supreme People’s Procuracy, the State Audit Office of Vietnam, other agencies established by the National Assembly and provincial-level People’s Councils; oversee legal documents of the Government, the Prime Minister, the Judicial Council of the Supreme People’s Court, the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy and the State Auditor General; oversee joint resolutions of the Government and the Presidium of the Vietnam Fatherland Front Central Committee, joint circulars of the Chief Justice of the Supreme People’s Court and the Procurator General of the Supreme People’s Procuracy, joint circulars of ministers or heads of ministerial-level agencies and the Chief Justice of the Supreme People’s Court or the Procurator General of the Supreme People’s Procuracy, and resolutions of provincial-level People’s Councils; and assist the National Assembly in exercising the right to supreme oversight as assigned by the National Assembly;

c/ The Ethnic Council and Committees of the National Assembly shall, within the ambit of their tasks and powers, oversee the enforcement of the Constitution, laws and resolutions of the National Assembly, ordinances and resolutions of the Standing Committee of the National Assembly; oversee operations of the Government, ministries, ministerial-level agencies, the Supreme People’s Court, the Supreme People’s Procuracy, the State Audit Office of Vietnam and other agencies established by the National Assembly; oversee legal documents of the Government, the Prime Minister, ministers, heads of ministerial-level agencies, the Judicial Council of the Supreme People’s Court, the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy and the State Auditor General; oversee joint resolutions of the Government and the Presidium of the Vietnam Fatherland Front Central Committee, joint circulars of the Chief Justice of the Supreme People’s Court and the Procurator General of the Supreme People’s Procuracy and joint circulars of ministers or heads of ministerial-level agencies and the Chief Justice of the Supreme People’s Court or the Procurator General of the Supreme People’s Procuracy in the fields under their management; and assist the National Assembly and the Standing Committee of the National Assembly in exercising the right to oversight as assigned by the National Assembly and the Standing Committee of the National Assembly;

d/ National Assembly deputies’ delegations shall organize their oversight activities and arrange for their members to perform their oversight tasks in localities and join oversight teams of the National Assembly, the Standing Committee of the National Assembly, the Ethic Council and Committees of the National Assembly in conducting oversight activities in localities;

dd/ National Assembly deputies shall raise questions to the President, the National Assembly Chairperson, the Prime Minister, ministers, other cabinet members, the Chief Justice of the Supreme People’s Procuracy, the Procurator General of the Supreme People’s Procuracy and the State Auditor General; and within the ambit of their tasks and powers, oversee legal documents and law enforcement; oversee the settlement of citizens’ complaints, denunciations and petitions; and join oversight teams of the National Assembly, the Standing Committee of the National Assembly, the Ethnic Council and Committees of the National Assembly at ministries, sectors and localities when requested.

2. When considering it necessary, the National Assembly, the Standing Committee of National Assembly, the Ethnic Council and Committees of the National Assembly shall oversee operations of other agencies, organizations and individuals.

Article 5.Overseeing competence of People’s Councils

1. The overseeing competence of People’s Councils, Standing Bodies of People’s Councils, Boards of People’s Councils, groups of People’s Council deputies and People’s Council deputies is prescribed as follows:

a/ People’s Councils shall oversee the observance of the Constitution and law in their localities and the implementation of resolutions of People’s Councils of the same level; oversee operations of Standing Bodies of People’s Councils, People’s Committees, People’s Courts, People’s Procuracies, civil judgment enforcement agencies of the same level and Boards of People’s Councils of the same level; oversee decisions of People’s Committees of the same level and resolutions of immediate subordinate People’s Councils;

b/ Standing Bodies of People’s Councils shall oversee the observance of the Constitution and law in their localities and the implementation of resolutions of People’s Councils of the same level; oversee operations of People’s Committees, agencies of People’s Committees, People’s Courts, People’s Procuracies and civil judgment enforcement agencies of the same level and People’s Councils of subordinate levels; oversee decisions of People’s Committees of the same level and resolutions of immediate subordinate People’s Councils; and assist People’s Councils in exercising the right to oversight as assigned by People’s Councils;

c/ Boards of People’s Councils shall assist People’s Councils in overseeing operations of People’s Courts, People’s Procuracies and civil judgment enforcement agencies of the same level; oversee operations of People’s Committees and agencies under People’s Committees of the same level in the fields under their management; and oversee legal documents in the fields under their management;

d/ Groups of People’s Council deputies shall assist People’s Councils in overseeing the observance of the Constitution, laws and legal documents of superior state agencies in their localities and resolutions of People’s Councils of the same level or matters as assigned by People’s Councils and Standing Bodies of People’s Councils;

dd/ People’s Council deputies shall raise questions to chairpersons and other members of People’s Committees, chief justices of People’s Courts, chief procurators of People’s Procuracies, and heads of agencies of People’s Committees of the same level; and within the ambit of their tasks and powers, oversee the observance of the Constitution and law; and oversee the settlement of citizens’ complaints, denunciations and petitions in their localities.

2. When considering it necessary, People’s Councils, Standing Bodies of People’s Councils and Boards of People’s Councils shall oversee operations of other agencies, organizations and individuals in their localities.

Article 6.Responsibilities of overseeing subjects

1. The National Assembly shall report on its supreme oversight activities to voters nationwide via the mass media and voter contact activities of National Assembly deputies.

2. The Standing Committee of the National Assembly shall take responsibility for and report on its oversight activities to the National Assembly.

3. The Ethnic Council and Committees of the National Assembly shall take responsibility for and report on their oversight activities to the National Assembly and the Standing Committee of the National Assembly.

4. National Assembly deputies’ delegations shall take responsibility for and report on oversight activities of their members to the National Assembly and the Standing Committees of the National Assembly.

5. National Assembly deputies shall take responsibility for and report on their oversight activities to local voters through voter contact activities.

6. People’s Councils shall report on their oversight activities to local voters via the mass media and voter contact activities of People’s Council deputies.

7. The Standing Bodies of People’s Councils shall take responsibility for and report on their oversight activities to People’s Councils.

8. Boards of People’s Councils shall take responsibility for and report on their oversight activities to the Standing Bodies of People’s Councils.

9. Groups of People’s Council deputies shall take responsibility for and report on their oversight activities to the Standing Bodies of People’s Councils, and report on oversight activities of their members.

10. People’s Council deputies shall take responsibility for and report on their oversight activities to local voters via voter contact activities.

11. The overseeing subjects specified in this Article shall take responsibility for their oversight reports, resolutions, conclusions, requests and proposals.

Article 7.Responsibilities of agencies, organizations and individuals subject to oversight

1. Agencies, organizations and individuals subject to oversight shall fully implement oversight plans, contents and requests of overseeing subjects; provide information relating to their tasks, except information on the list of state secrets which overseeing subjects are not permitted to access as prescribed by the law on protection of state secrets; report truthfully, objectively, completely and promptly as requested by overseeing agencies and individuals; abide by oversight resolutions of the National Assembly, the Standing Committee of the National Assembly and People’s Councils; implement resolutions and proposals of the Ethnic Council and Committees of the National Assembly, National Assembly deputies’ delegations, National Assembly deputies, Standing Bodies of People’s Councils, Boards of People’s Councils, groups of People’s Council deputies and People’s Council deputies.

2. The Government, the Prime Minister, the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy, the State Auditor General, ministers and heads of ministerial-level agencies shall send legal documents they have promulgated to the Standing Committee of the National Assembly and concurrently to the Ethnic Council and relevant Committees of the National Assembly within 3 days after signing such documents.

Provincial-level People’s Councils shall send resolutions they have promulgated to the Standing Committee of the National Assembly within 3 days after signing such resolutions.

District-level People’s Councils shall send resolutions they have promulgated to the Standing Bodies of provincial-level People’s Councils within 3 days after signing such resolutions.

Commune-level People’s Councils shall send resolutions they have promulgated to the Standing Bodies of district-level People’s Councils within 3 days after signing such resolutions.

People’s Committees shall send decisions they have promulgated to Standing Bodies of People’s Councils and Boards of People’s Councils of the same level within 3 days after signing such decisions.

3. Individuals and heads of agencies and organizations subject to oversight shall personally report and present issues raised by overseeing subjects; in case they cannot do so, they may authorize their deputies to do so.

4. In case agencies, organizations and individuals subject to oversight commit acts of obstructing or fail to implement resolutions, conclusions, requests or proposals of overseeing subjects, overseeing subjects shall request or propose competent agencies and organizations to handle them. Depending on the nature and seriousness of the violation, overseeing subjects shall request or propose competent agencies and organizations to handle heads of agencies and organizations subject to oversight and related persons in accordance with law.

Article 8.Rights of agencies, organizations and individuals subject to oversight

1. To be notified in advance of oversight plans and contents and issues relating to oversight activities which must be reported or answered.

2. To explain about and defense the reasonability in the implementation of laws and policies falling under their tasks and powers concerning resolutions, conclusions, requests and proposals of overseeing subjects.

3. To request overseeing subjects to re-consider oversight conclusions, requests and proposals relating to operations of their agencies, organizations and units; if disagreeing with oversight conclusions, requests or proposals, to request, or report to heads of competent agencies and organizations for the latter to request, the National Assembly, the Standing Committee of the National Assembly, People’s Councils or Standing Bodies of People’s Councils to consider such conclusions, requests or proposals.

Article 9.Agencies’, organizations’ and individuals’ participation in oversight activities

1. The Vietnam Fatherland Front Committee and its member organizations may be invited to participate in oversight activities.

2. Concerned agencies, organizations and individuals shall participate in oversight activities when requested by overseeing subjects.

Article 10.Effectiveness of oversight

1. Oversight by the National Assembly and People’s Councils constitutes oversight activities of state power bodies.

2. The effectiveness of oversight by the National Assembly shall be ensured by the effectiveness of supreme oversight activities of the National Assembly and oversight activities of the Standing Committee of the National Assembly, the Ethic Council, Committees of the National Assembly, National Assembly deputies’ delegations and National Assembly deputies.

3. The effectiveness of oversight by People’s Councils shall be ensured by the effectiveness of oversight activities at sessions of the People’s Councils and oversight activities of Standing Bodies of People’s Council, Boards of People’s Councils, groups of People’s Council deputies and People’s Council deputies.

Chapter II

OVERSIGHT BY THE NATIONAL ASSEMBLY

Section 1

SUPREME OVERSIGHT ACTIVITIES OF THE NATIONAL ASSEMBLY

Article 11.Supreme oversight activities of the National Assembly

1. To consider working reports of the President, the Standing Committee of the National Assembly, the Government, the Supreme People’s Court, the Supreme People’s Procuracy, the State Audit Office of Vietnam, other agencies established by the National Assembly, and other reports specified in Article 13 of this Law.

2. To examine legal documents specified at Point a, Clause 1, Article 4 of this Law, which show signs of contravening the Constitution, laws or resolutions of the National Assembly.

3. To consider the answering by questioned persons specified at Point dd, Clause 1, Article 4 of this Law.

4. To consider specialized oversight reports.

5. To consider reports of the Ad-hoc Committee established by the National Assembly to investigate into a certain issue.

6. To collect votes of confidence and cast of votes of confidence on holders of posts elected or approved by the National Assembly.

7. To consider the Standing Committee of the National Assembly’s reports on proposals for oversight of the Standing Committee of the National Assembly, the Ethnic Council, Committees of the National Assembly, National Assembly deputies’ delegations or National Assembly deputies.

Article 12.Oversight programs of the National Assembly

1. The Standing Committee of the National Assembly shall draw up the annual tentative oversight program of the National Assembly on the basis of proposals of the Ethnic Council, Committees of the National Assembly, National Assembly deputies’ delegations, National Assembly deputies, the Vietnam Fatherland Front Central Committee, and opinions and petitions of voters nationwide, and submit it to the National Assembly for decision at the mid-year session of the preceding year.

By March 1 of the preceding year at the latest, the Ethnic Council, Committees of the National Assembly, National Assembly deputies’ delegations, National Assembly deputies and the Vietnam Fatherland Front Central Committee shall send their requests and proposals on the contents of oversight by National Assembly to the Standing Committee of the National Assembly, which must clearly state the necessity, contents, scope and subjects of oversight.

The Secretary General of the National Assembly shall gather and sum up oversight requests and proposals for reporting to the Standing Committee of the National Assembly. The Standing Committee of the National Assembly shall discuss and draw up the tentative oversight program of the National Assembly for submission to the National Assembly.

2. The National Assembly shall consider and decide on its annual oversight program in the following order:

a/ The Standing Committee of the National Assembly presents a report on the annual tentative oversight program of the National Assembly;

b/ The National Assembly holds discussion;

c/ The National Assembly adopts a resolution on its annual oversight program.

3. The Standing Committee of the National Assembly shall promulgate and organize the implementation of the oversight program of the National Assembly, except the cases prescribed in Article 16 of this Law. In case of necessity, when the National Assembly is in recess, the Standing Committee of the National Assembly may adjust the National Assembly’s oversight program and report the adjustment to the National Assembly at the nearest session.

4. The Standing Committee of the National Assembly shall report results of implementation of annual oversight programs of the National Assembly at the first session of the subsequent year. The National Assembly may discuss results of implementation of its annual oversight programs.

Article 13.Consideration of reports

1. The National Assembly shall consider the following reports:

a/ Annual working reports of the Standing Committee of the National Assembly, the Ethnic Council, Committees of the National Assembly, the Government, the Supreme People’s Court, the Supreme People’s Procuracy, the State Audit Office of Vietnam and other agencies established by the National Assembly;

b/ Whole-tenure working reports of the President, the Standing Committee of the National Assembly, the Ethnic Council, Committees of the National Assembly, the Government, the Supreme People’s Court, the Supreme People’s Procuracy, the State Audit Office and other agencies established by the National Assembly;

c/ The Government’s socio-economic reports; the Government’s reports on implementation of state budgets and final state budget accounts; the Government’s reports on implementation of the Constitution, laws and resolutions of the National Assembly; reports of the Government, the Supreme People’s Court, the Supreme People’s Procuracy on the settlement of complaints and denunciations; the Government’s reports on corruption prevention and control; thrift practice and waste combat; crime and law violation prevention and combat; judgment enforcement; and implementation of national gender equality targets;

d/ Reports on the implementation of law in some other fields as prescribed by law;

dd/ Other reports according to resolutions of the National Assembly or requests of the Standing Committee of the National Assembly.

2. The time for considering reports is specified as follows:

a/ At its year-end sessions, the National Assembly shall consider and discuss the reports specified at Points a and c, Clause 1 of this Article. At its mid-year sessions, reporting agencies shall send such reports to National Assembly deputies; when necessary, the National Assembly shall consider and discuss these reports;

b/ At the last session of its tenure, the National Assembly shall consider and discuss the reports specified at Point b, Clause 1 of this Article;

c/ The time for considering the reports specified at Point d, Clause 1 of this Article must comply with law;

d/ The time for considering the reports specified at Point dd, Clause 1 of this Article must comply with resolutions of the National Assembly or requests of the Standing Committee of the National Assembly.

3. As assigned by the Standing Committee of the National Assembly, the Ethnic Council and Committees of the National Assembly shall verify the reports specified in Clause 1 of this Article, except reports of the Standing Committee of the National Assembly, the President, the Ethnic Council and Committees of the National Assembly.

4. The National Assembly shall consider and discuss a report in the following order:

a/ The head of the reporting agency presents the report;

b/ The Chairperson of the Ethnic Council or a Committee of the National Assembly presents the verification report;

c/ The National Assembly discusses and gives opinions on the report; when necessary, the report may be tabled for discussion at National Assembly deputies’ groups;

d/ The head of the reporting agency may additionally present matters which National Assembly deputies are interested in;

dd/ The National Assembly discusses and decides to issue a resolution on performance of the reporting agency.

5. A resolution on performance of a reporting agency must have the following principal contents:

a/ Evaluation of achieved results, limitations, shortcomings and causes thereof; responsibilities of the reporting agency and its head;

b/ Time limit for addressing these limitations and shortcomings;

c/ Implementation responsibility of agencies and individuals;

d/ Responsibility to report on implementation results of the resolution.

Article 14.Examination of legal documents showing signs of contravening the Constitution, laws and resolutions of the National Assembly

1. At the proposal of the Standing Committee of the National Assembly, the National Assembly shall examine legal documents of the President, the Government, the Prime Minister, the Judicial Council of the Supreme People’s Court, the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy and the State Auditor General; and joint resolutions of the Government and the Presidium of the Vietnam Fatherland Front Central Committee, joint circulars of ministers or heads of ministerial-level agencies and the Chief Justice of the Supreme People’s Court or the Procurator General of the Supreme People’s Procuracy, which show signs of contravening the Constitution or the National Assembly’s laws and resolutions.

At the proposal of the President, the National Assembly shall examine legal documents of the Standing Committee of the National Assembly and joint resolutions of the Standing Committee of the National Assembly and the Presidium of the Vietnam Fatherland Front Central Committee, which show signs of contravening the Constitution or the National Assembly’s laws or resolutions.

The President, the Government, the Ethnic Council, Committees of the National Assembly, the Supreme People’s Court, the Supreme People’s Procuracy, the State Audit Office of Vietnam, the Vietnam Fatherland Front Central Committee, central agencies of the Front’s member organizations or National Assembly deputies may send requests for examination of legal documents showing signs of contravening the Constitution or the National Assembly’s laws or resolutions to the Standing Committee of the National Assembly for submission to the National Assembly for consideration and decision. In case ordinances or resolutions of the Standing Committee of the National Assembly or joint resolutions of the Standing Committee of the National Assembly and the Presidium of the Vietnam Fatherland Front Central Committee show signs of contravening the Constitution or the National Assembly’s laws or resolutions, the Government, the Supreme People’s Court, the Supreme People’s Procuracy, the State Audit Office of Vietnam, the Vietnam Fatherland Front Central Committee, central agencies of the Front’s member organizations and National Assembly’s deputies may send requests to the President for submission to the National Assembly for consideration and decision.

The Law Committee shall verify requests for examination of legal documents showing signs of contravening the Constitution.

The Ethnic Council and Committees of the National Assembly shall take the prime responsibility for and coordinate the verification of requests for examination of legal documents showing signs of contravening the National Assembly’s laws or resolutions in the fields under their management.

2. The National Assembly shall examine a legal document showing signs of contravening the Constitution or a law or resolution of the National Assembly in the following order:

a/ The Standing Committee of the National Assembly or the President presents the proposal;

b/ A representative of the verifying agency presents the verification report;

c/ The head of the agency promulgating the document presents the explanatory report;

d/ The National Assembly holds discussion;

dd/ The National Assembly issues a resolution on examination of the legal document.

3. The National Assembly’s resolution must determine whether or not the legal document contravenes the Constitution or the National Assembly’s law or resolution; in case the document contravenes the Constitution or the National Assembly’s law or resolution, part or the whole of the document shall be annulled.

Article 15.Questioning and consideration of answers at the National Assembly’s sessions

1. Before a questioning session, National Assembly deputies shall write down issues and persons to be questioned on question forms and send them to the Standing Committee of the National Assembly.

2. On the basis of the session’s working agenda, voters’ opinions and petitions, matters of public concern and question forms  of National Assembly deputies, the Standing Committee of the National Assembly shall propose the National Assembly to decide on groups of issues to be questioned and questioned persons.

3. The questioning at a session of the National Assembly shall be conducted in the following order:

a/ National Assembly deputies raise questions and may provide illustrative information in image, videos or exhibits;

b/ Questioned persons give direct and complete answers on issues raised by National Assembly deputies and may not authorize others to give answers on their behalves; identify responsibilities and measures and time limits for remedying limitations and shortcomings (if any);

c/ In case National Assembly deputies disagree with the answers, they may further raise questions for questioned persons to answer;

d/ Other persons may be invited to attend the questioning session and answer National Assembly deputies’ questions on issues falling under their responsibilities.

The time for questioning and answering must comply with the Rules on sessions of the National Assembly.

4. The National Assembly may permit a questioned person to give written answers in the following cases:

a/ The questioned issue does not belong to the groups of issues to be questioned on at the session;

b/ The questioned issue requires investigation or verification;

c/ The questioned issue belongs to the group of issues to questioned at the session but has not yet been answered at the session.

The questioned person shall himself/herself give a written answer which shall be sent to the National Assembly deputy who raised the question, the Standing Committee of the National Assembly and National Assembly deputies’ delegations, and published on the e-portal of the National Assembly within 20 days after the date of questioning, except confidential documents as prescribed by law.

After receiving the written answer, if the National Assembly deputy disagrees with it, he/she may propose the Standing Committee of the National Assembly to put it up for discussion at the nearest meeting of the Standing Committee of the National Assembly or the nearest session of the National Assembly or propose the National Assembly to consider responsibilities of the questioned person.

5. The National Assembly shall adopt resolutions on questioning. A resolution on questioning must have the following basic contents:

a/ Evaluation of performance of tasks, powers and responsibilities of questioned persons, shortcomings and limitations concerning questioned issues and causes thereof;

b/ Time limit for remedying shortcomings and limitations;

c/ Implementation responsibilities of agencies and individuals;

d/ Responsibility to report on the results of implementation of the resolution.

6. Questioning sessions shall be broadcast live on radio or television, unless otherwise decided by the National Assembly.

7. At least 20 days prior to the opening date of a session of the National Assembly, questioned persons shall send to the National Assembly deputies and the Standing Committee of the National Assembly reports on the implementation of the National Assembly’s resolution on questioning and fulfillment of their commitments at previous sessions. Reports on the implementation of the National Assembly’s resolutions on questioning and commitments at previous sessions shall be published on the e-portal of the National Assembly.

8. At the year-end session of the mid-term year and the year-end session of the final year of its term, the National Assembly shall consider and discuss a summary report of cabinet members and  reports of the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy, the State Auditor General and other questioned persons on the implementation of the National Assembly’s and the Standing Committee of the National Assembly’s resolutions on questioning and fulfillment of their commitments at sessions of the National Assembly and meetings of the Standing Committee of the National Assembly.

Article 16.Specialized oversight by the National Assembly

1. Based on its oversight programs, the National Assembly shall issue resolutions to form specialized oversight teams at the proposal of the Standing Committee of the National Assembly.

The National Assembly’s resolution forming a specialized oversight team must clearly identify the subject, scope and contents of, and plan on, oversight, members of the team and agencies, organizations and individuals subject to oversight.

An oversight team shall be composed of the National Assembly Chairperson or a National Assembly Deputy Chairperson as its head, some members of the Standing Committee of the National Assembly as its deputy heads, and members being members of the Standing Committee of the National Assembly, representatives of the Ethnic Council and Committees of the National Assembly and representatives of the National Assembly deputies’ delegation of the locality where the oversight team will conduct oversight and some National Assembly deputies . Representatives of the Vietnam Fatherland Front Central Committee and the Front’s member organizations and specialists may be invited to join the oversight team.

2. An oversight team shall have the following tasks and powers:

a/ To draw up reporting outlines to serve the reporting by agencies, organizations and individuals subject to oversight;

b/ To notify the oversight contents, plan and reporting outlines to agencies, organizations or individuals subject to oversight and the National Assembly deputies’ delegation of the locality where the oversight team will conduct oversight within 20 days after the National Assembly issues the resolution forming the oversight team; to notify the agenda and composition of the oversight team at least 10 days before the team starts to work with agencies, organizations or individuals subject to oversight;

c/ To comply with the oversight contents and plan; to assign members of the oversight team to directly conduct oversight in localities or at agencies or organizations;

d/ To request agencies, organizations or individuals subject to oversight to report in writing, provide information and documents relating to oversight contents and explain about issues which the oversight team is interested in;

dd/ To consider reports of agencies, organizations or individuals subject to oversight, request examination, invite consultants, collect information and meet and exchange opinions with related persons on issues that the oversight team deems necessary;

e/ When detecting violations which harm the interests of the State or lawful rights and interests of organizations and individuals, the oversight team may request concerned agencies, organizations and individuals to apply necessary measures to stop violations and restore the interests of the State or lawful rights and interests of infringed organizations and individuals; and request competent agencies, organizations and individuals to handle and determine responsibilities of violating agencies, organizations and individuals in accordance with law;

g/ When completing oversight activities, the oversight team shall report oversight results to the National Assembly for consideration at the nearest session.

Before reporting to the National Assembly, the oversight team shall report oversight results to the Standing Committee of the National Assembly.

3. The National Assembly shall consider the oversight team’s report in the following order:

a/ The oversight team reports on oversight results;

b/ Representatives of agencies, organizations or individuals subject to oversight, who are invited to attend the meeting, present their explanatory reports;

c/ The National Assembly holds discussion.

In the course of discussion, the oversight team’s representative may additionally present related issues;

d/ The National Assembly adopts a resolution on specialized oversight.

4. A resolution on specialized oversight must have the following basic contents:

a/ Evaluation of achieved results, limitations and shortcoming related to the oversight subjects and causes thereof; responsibilities of agencies, organizations or individuals subject to oversight and heads of related agencies and organizations;

b/ Time for remedying limitations and shortcomings;

c/ Implementation responsibility of agencies, organizations and individuals;

d/ Responsibility to report on results of implementation of the resolution.

5. Resolutions on specialized oversight shall be sent to agencies, organizations or individuals subject to oversight and related agencies, organizations and individuals.

6. At the year-end session of the mid-term year and the year-end session of the final year of the term, agencies, organizations or individuals subject to oversight shall report to the National Assembly on the implementation of the Nation Assembly’s resolutions on specialized oversight. When necessary, the National Assembly shall decide to re-conduct oversight.

Article 17.Consideration of reports of the Ad-hoc Committee

1. When deeming it necessary, at the proposal of the Ethnic Council, Committees of the National Assembly or at least one-third of the total number of National Assembly deputies, the Standing Committee of the National Assembly shall propose the National Assembly to establish an Ad-hoc Committee to investigate into a certain issue. At least one-third of the total number of National Assembly deputies shall be determined in accordance with Article 33 of the Law on Organization of the National Assembly.

2. A proposal for setting up an Ad-hoc Committee shall be considered in the following order:

a/ The Standing Committee of the National Assembly submits to the National Assembly a proposal for establishing an Ad-hoc Committee, which must clearly state the reasons, contents and subjects of investigation, tentative composition, and tasks and powers of the Ad-hoc Committee;

b/ The National Assembly discusses and adopts a resolution on the establishment of an Ad-hoc Committee.

3. An Ad-hoc Committee shall have the following tasks and powers:

a/ To formulate an investigation plan;

b/ To notify the investigation contents and plan to the agencies, organizations or individuals subject to investigation within 10 days after the National Assembly adopts the resolution on the establishment of the Ad-hoc Committee; and notify the working agenda and composition of the Ad-hoc Committee at least 5 days before the Ad-hoc Committee conducts investigation in localities or at agencies or organizations;

c/ To comply with investigation contents; to assign members of the Ad-hoc Committee to conduct investigation in localities or at agencies or organizations;

d/ To request agencies, organizations or individuals subject to investigation and concerned agencies, organizations and individuals to report in writing, provide information and documents relating to investigation contents and explain about issues which the Ad-hoc Committee is interested in;

dd/ To request examination, invite consultants, collect information, meet and exchange opinions with related persons on matters which the Ad-hoc Committee deems necessary;

e/ To request competent agencies, organizations and individuals to apply necessary measures to timely stop acts of violating law, dispersing assets or destroying materials and exhibits related to investigation contents;

g/ To perform other tasks and exercise other powers as prescribed in the National Assembly’s resolution on the establishment of the Ad-hoc Committee;

h/ When completing investigation, the Ad-hoc Committee shall report investigation results to the National Assembly for consideration at the nearest session.

The Ad-hoc Committee shall report investigation results to the Standing Committee of the National Assembly before reporting them to the National Assembly.

4. The National Assembly shall consider the Ad-hoc Committee’s report on investigation results in the following order:

a/ The Chairperson of the Ad-hoc Committee presents the report on investigation results;

b/ The National Assembly holds discussion.

In the course of discussion, the Ad-hoc Committee’s representative may additionally report on related issues;

c/ Agencies, organizations or individuals subject to investigation may be invited to attend the National Assembly’s session and present their explanatory opinions;

d/ The National Assembly adopts a resolution on investigation results.

Article 18.Collection of votes of confidence

1. The National Assembly shall collect votes of confidence on holders of the following posts:

a/ President; Vice President;

b/ Chairperson of the National Assembly, Deputy Chairperson of the National Assembly, member of the Standing Committee of the National Assembly; Chairperson of the Ethnic Council; Chairperson of Committee of the National Assembly;

c/ Prime Minister, Deputy Prime Minister, minister, head of ministerial-level agency;

d/ Chief Justice of the Supreme People’s Court, Procurator General of the Supreme People’ Procuracy, State Auditor General.

2. The collection of votes of confidences at the National Assembly’s sessions must comply with the following order:

a/ The Standing Committee of the National Assembly submits to the National Assembly for decision a list of persons subject to collection of votes of confidence;

b/ The National Assembly collects votes by a secret ballot;

c/ The Standing Committee of the National Assembly submits to the National Assembly for passage a resolution certifying results of collection of votes of confidence.

3.  A person subject to collection of votes of confidence who is voted as of low confidence by more than half of the total number of National Assembly deputies may apply for resignation.

The Standing Committee of the National Assembly shall propose the National Assembly to cast votes of confidence on persons subject to collection of votes of confidence who are voted as of low confidence by two-thirds or more of the total number of National Assembly deputies.

4. In addition to this Article, the time limit, time, and process of collection of votes of confidence on holders of posts elected or approved by the National Assembly must comply with the National Assembly’s resolutions.

Article 19.Casting of votes of confidence

1. The National Assembly shall cast votes of confidence on holders of posts elected or approved by the National Assembly in one of the following cases:

a/ At the proposal of the Standing Committee of the National Assembly;

b/ At the proposal of at least twenty percent of the total number of National Assembly deputies in accordance with Article 33 of the Law on Organization of the National Assembly;

c/ At the proposal of the Ethnic Council or a Committee of the National Assembly;

d/ A person subject to collection of votes of confidence who is voted as of low  confidence by two-thirds or more of the total number of National Assembly deputies.

2. The casting of votes of confidence on holders of posts elected or approved by the National Assembly at the National Assembly’s sessions must comply with the following order:

a/ The Standing Committee of the National Assembly proposes the National Assembly to cast votes of confidence;

b/ The person subject to casting of votes of confidence presents his/her opinions;

c/ The National Assembly holds discussion at National Assembly deputies’ delegations;

d/ The Standing Committee of the National Assembly reports to the National Assembly on the results of discussion at National Assembly deputies’ delegations;

dd/ The National Assembly casts votes of confidence by a secret ballot.

e/ The Standing Committee of the National Assembly submits a resolution certifying the results of casting of votes of confidence to the National Assembly for passage.

3. A person subject to casting of votes of confidence who is voted as of no confidence by more than half of the total number of National Assembly deputies may apply for resignation. In case he/she does not resign, the competent agency or person that nominated him/her to the National Assembly for election or approval shall propose the National Assembly to consider and decide on the relief of duty or removal from office or approve the proposal for relief of duty or dismissal of such person.

4. In addition to this Article, the process of casting votes of confidence on holders of posts elected or approved by the National Assembly must comply with the National Assembly’s resolutions.

Article 20.Consideration of reports of the Standing Committee of the National Assembly on proposals for oversight of the Standing Committee of the National Assembly, the Ethnic Council, Committees of the National Assembly, National Assembly deputies’ delegations and National Assembly deputies

1. In case an agency, organization or individual subject to oversight fails to comply with oversight conclusions or proposals of the Standing Committee of the National Assembly, the Ethnic Council, Committees of the National Assembly, National Assembly deputies’ delegations or National Assembly deputies, the Ethnic Council, the Committees of the National Assembly, National Assembly deputies’ delegations or National Assembly deputies may propose the Standing Committee of the National Assembly to report such to the National Assembly for consideration and decision.

2. The National Assembly shall consider the Standing Committee of the National Assembly’s report on proposals for oversight of the Standing Committee of the National Assembly, the Ethnic Council, the Committees of the National Assembly, National Assembly deputies’ delegations and National Assembly deputies in the following order:

a/ A representative of the Standing Committee of the National Assembly presents the report;

b/ Agencies, organizations and individuals subject to oversight may present their explanatory reports;

c/ The National Assembly holds discussion;

d/ The National Assembly adopts a resolution on proposed issues.

Article 21.Competence of the National Assembly in considering oversight results

Based on oversight results, the National Assembly may:

1. Request the Standing Committee of the National Assembly, the Government, the Prime Minister, the Judicial Council of the Supreme People’s Court, the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy or the State Auditor General to promulgate documents detailing the Constitution, laws or resolutions of the National Assembly;

2. To annul part or the whole of legal documents of the President, the Standing Committee of the National Assembly, the Government, the Prime Minister, the Judicial Council of the Supreme People’s Court, the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy or the State Auditor General; joint resolutions of the Standing Committee of the National Assembly or the Government and the Presidium of the Vietnam Fatherland Front Central Committee, joint circulars of ministers or heads of ministerial-level agencies and the Chief Justice of the Supreme People’s Procuracy or the Procurator General of the Supreme People’s Procuracy, which contravene the Constitution or laws or resolutions of the National Assembly;

3. Relieve from duty or remove from office the President, the Vice President, National Assembly Chairperson, Deputy Chairpersons of the National Assembly, Members of the Standing Committee of the National Assembly, the Chairperson of the Ethnic Council, Chairpersons of Committees of the National Assembly, the Prime Minister, the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy, the Chairperson of the National Election Council, the State Auditor General or heads of other agencies established by the National Assembly; approve proposals for relief of duty or dismissal of Deputy Prime Ministers, ministers, heads of ministerial-level agencies or judges of the Supreme People’s Court;

4. Cast votes of confidence on holders of posts elected or approved by the National Assembly;

5. Request competent agencies or individuals to relieve from duty, remove from office, dismiss or handle those who commit serious violations of law;

6. Adopt resolutions on questioning; adopt resolutions on results of specialized oversight and other contents falling under the competence of the National Assembly.

Section 2

OVERSIGHT ACTIVITIES OF THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY

Article 22.Oversight activities of the Standing Committee of the National Assembly

1. To consider working reports of the Government, the Supreme People’s Court, the Supreme People’s Procuracy, the State Audit Office of Vietnam and other agencies established by the National Assembly and other reports specified in Clause 1, Article 13 of this Law when the National Assembly is in recess as assigned by the National Assembly or requested by the Standing Committee of the National Assembly.

2. To examine legal documents specified at Point b, Clause 1, Article 4 of this Law which show signs of contravening the Constitution, laws or resolutions of the National Assembly or ordinances or resolutions of the Standing Committee of the National Assembly.

3. To consider the answering by questioned persons specified at Point dd, Clause 1, Article 4 of this Law when the National Assembly is in recess.

4. To conduct specialized oversight.

5. To consider operational reports of provincial-level People’s Councils; to examine resolutions of provincial-level People’s Councils which show signs of contravening the Constitution, laws or legal documents of superior state agencies.

6. To oversee the settlement of citizens’ complaints and denunciations.

7. To oversee the settlement of voters’ petitions.

8. To oversee the election of deputies to the National Assembly and People’s Councils

9. To consider proposals for oversight of the Ethnic Council, Committees of the National Assembly, National Assembly deputies’ delegations and National Assembly deputies.

10. To propose the casting of votes of confidence on holders of posts elected or approved by the National Assembly.

Article 23.Oversight programs of the Standing Committee of National Assembly

1. The Standing Committee of the National Assembly shall decide on its annual oversight program on the basis of the National Assembly’s oversight program, proposals of the Ethnic Council, Committees of the National Assembly, National Assembly deputies’ delegations, National Assembly deputies and the Vietnam Fatherland Front Central Committee; and opinions and petitions of voters nationwide.

By March 1 of the preceding year at the latest, the Ethnic Council, Committees of the National Assembly, National Assembly deputies’ delegations, National Assembly deputies and the Vietnam Fatherland Front Central Committee shall send to the Standing Committee of the National Assembly proposals for oversight to be included into the oversight program of the Standing Committee of the National Assembly. A proposal for oversight must clearly state the necessity, contents, scope and subjects of oversight.

The Secretary General of the National Assembly shall gather and sum up proposals for oversight for reporting to the Standing Committee of the National Assembly.

2. The Standing Committee of the National Assembly shall consider and decide on its annual oversight program in the following order:

a/ The Secretary General of the National Assembly - Chairperson of the National Assembly Office presents a report on the tentative oversight program of the Standing Committee of the National Assembly;

b/ The Standing Committee of the National Assembly holds discussion;

c/ The Standing Committee of the National Assembly adopts a resolution on its oversight program.

3. Based on its approved oversight program, the Standing Committee of the National Assembly shall promulgate and implement a plan on the implementation of the program; assign members of the Standing Committee of the National Assembly to perform jobs stated in the program; assign the Ethnic Council and Committees of the National Assembly to implement some contents of the program and report implementation results to the Standing Committee of the National Assembly; and decide on implementation schedules and measures to ensure the implementation of the oversight program. When necessary, the Standing Committee of the National Assembly shall decide to adjust its oversight program.

The Standing Committee of the National Assembly shall report implementation results of its annual oversight program to the National Assembly at the mid-year session of the subsequent year.

Article 24.Consideration of reports of the Government, the Supreme People’s Court, the Supreme People’s Procuracy, the State Audit Office of Vietnam and other agencies established by the National Assembly

1. When the National Assembly is in recess, the Standing Committee of the National Assembly shall consider working reports of the Government, the Supreme People’s Court, the Supreme People’s Procuracy, the State Audit Office of Vietnam and other agencies established by the National Assembly, and other reports specified in Clause 1, Article 13 of this Law as assigned by the National Assembly or when deeming it necessary.

2. Reports of the Government, the Supreme People’s Court, the Supreme People’s Procuracy, the State Audit Office of Vietnam and other agencies established by the National Assembly shall be verified by the Ethnic Council or Committees of the National Assembly before being submitted to the Standing Committee of the National Assembly.

3. The Standing Committee of the National Assembly shall consider a report in the following order:

a/ The head of a reporting agency specified in Clause 1 of this Article presents the report;

b/ The Chairperson of the Ethnic Council or of a Committee of the National Assembly presents the verification report;

c/ Representatives of agencies and organizations who are invited to attend the meeting give their opinions;

d/ The Standing Committee of the National Assembly holds discussion;

dd/ The head of the reporting agency may additionally presents related issues;

e/ The Standing Committee of the National Assembly adopts a resolution on performance of the reporting agency, if deeming it necessary.

4. The contents of resolutions must comply with Clause 5, Article 13 of this Law.

Article 25.Examination of legal documents of central state agencies, which show signs of contravening the Constitution, laws or resolutions of the National Assembly or ordinances or resolutions of the Standing Committee of the National Assembly

1. The Standing Committee of the National Assembly shall examine legal documents of the Government, the Prime Minister, the Judicial Council of the Supreme People’s Court, the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy and the State Auditor General; joint resolutions of the Government and the Presidium of the Vietnam Fatherland Front Central Committee, joint circulars of the Chief Justice of the Supreme People’s Court and the Procurator General of the Supreme People’s Procuracy, joint circulars of ministers or heads of ministerial-level agencies and the Chief Justice of the Supreme People’s Court or the Procurator General of the Supreme People’s Procuracy, which show signs of contravening the Constitution, laws or resolutions of the National Assembly or ordinances or resolutions of the Standing Committee of the National Assembly in one of the following cases:

a/ Upon detection of legal documents showing signs of contravening the Constitution, laws or resolutions of the National Assembly or ordinances or resolutions of the Standing Committee of the National Assembly;

b/ At the proposal of the Ethnic Council, Committees of the National Assembly or National Assembly deputies;

c/ At the proposal of the Government, the Supreme People’s Court, the Supreme People’s Procuracy, the State Audit Office of Vietnam; the Vietnam Fatherland Front Central Committee or central agencies of member organizations of the Front.

2. The Law Committee shall verify proposals for examination of legal documents showing signs of contravening the Constitution.

The Ethnic Council or Committees of the National Assembly shall assume the prime responsibility for and coordinate the verification of proposals for examination of legal documents in the fields under their management, which show signs of contravening laws or resolutions of the National Assembly, ordinances or resolutions of the Staining Committee of the National Assembly.

3. The Standing Committee of the National Assembly shall examine a legal document specified in Clause 1 of this Article in the following order:

a/ The representative of the proposing agency,or organization or proposing person presents the proposal;

b/ The representative of the verifying agency presents the verification report;

c/ Representatives of agencies and organizations which are invited to attend the meeting present their opinions;

d/ The head of the agency or the individual issuing the document reports or explains about related issues;

dd/ The Standing Committee of the National Assembly holds discussion;

e/ The Standing Committee of the National Assembly adopts a resolution on examination of the legal document.

4. A resolution must determine whether or not the legal document contravenes the Constitution, laws or resolutions of the National Assembly, ordinances or resolutions of the Standing Committee of the National Assembly; in case the document contravenes the Constitution, laws or resolutions of the National Assembly, to decide to terminate the implementation of part or the whole of the document and propose the National Assembly to annul part or the whole of the document at the nearest session; in case the document contravenes ordinances or resolutions of the Standing Committee of the National Assembly, to annul part or the whole of such document.

Article 26.Questioning and consideration of answers at meetings of the Standing Committee of the National Assembly when the National Assembly is in recess

1. When the National Assembly is in recess, National Assembly deputies shall write down issues and persons to be questioned on question forms  and send these forms to the Standing Committee of the National Assembly.

Based on the agenda of the meeting, opinions and petitions of voters, matters of public concern and question forms of National Assembly deputies, the Standing Committee of the National Assembly shall decide on groups of issues to be questioned, questioned persons and questioning time.

2. The questioning at a meeting of the Standing Committee of the National Assembly shall be conducted in the following order:

a/ National Assembly deputies raise questions and may provide illustrative information in image, videos or exhibits;

b/ Questioned persons give direct and complete answers to the issues raised by National Assembly deputies and may not authorize others to give answers on their behalves; and clearly determine their responsibilities and measures and time limits for addressing limitations and shortcomings (if any);

c/ In case National Assembly deputies disagree with the answers, they may further raise questions for questioned persons to answer;

d/ Other persons may be invited to attend the meeting and answer questions of National Assembly deputies on matters falling under their competence.

The time for questioning and answering must comply with the Rules on sessions of the National Assembly.

3. The Standing Committee of the National Assembly may permit a questioned person to give a written answer in the following cases:

a/ The questioned issue does not belong to the groups of issues to be questioned  at the meeting;

b/ The questioned issue requires investigation and verification;

c/ The questioned issue belongs to the groups of issues to be questioned at the meeting but have not yet been answered at the meeting.

The questioned person shall directly answer in writing. The written answer shall be sent to the National Assembly deputy who raised the question, the Standing Committee of the National Assembly and National Assembly deputies’ delegations and published on the e-portal of the National Assembly within 20 days after the date of questioning, except confidential documents as prescribed by law.

After receiving the written answer, if the National Assembly deputy disagrees with the answer, he/she may propose the Standing Committee of the National Assembly to put it up for discussion at a meeting of the Standing Committee of National Assembly or a session of the National Assembly or propose the Standing Committee of the National Assembly or the National Assembly to determine responsibilities of the questioned person.

4. The Standing Committee of the National Assembly may issue resolutions on questioning. The contents of such resolutions must comply with Clause 5, Article 15 of this Law.

5. Questioning  sessions shall be conducted via a videoconferencing system to provinces and centrally run cities so that all National Assembly deputies may attend; and broadcast live on radio or television, unless otherwise decided by the Standing Committee of the National Assembly.

Article 27.Specialized oversight by the Standing Committee of the National Assembly

1. Based on its oversight program, the Standing Committee of the National Assembly shall decide to set up specialized oversight teams.

A resolution of the Standing Committee of the National Assembly forming a specialized oversight team must clearly identify the subject, scope and contents of and plan on oversight, composition of the oversight team and agencies, organizations or individuals subject to oversight.

An oversight team shall be composed of a Deputy Chairperson of the National Assembly or a member of the Standing Committee of the National Assembly as its head, and members being representatives of the Ethnic Council, Committees of the National Assembly and National Assembly deputies’ delegations in the localities where the oversight team will conduct oversight and some National Assembly deputies. Representatives of the Vietnam Fatherland Front Central Committee and member organizations of the Front and specialists may be invited to join activities of the oversight team.

2. An oversight team has the following tasks and powers:

a/ To draw up reporting outlines to serve the reporting by agencies, organizations and individuals subject to oversight;

b/ To notify the oversight contents and plan and reporting outlines to agencies, organizations or individuals subject to oversight and National Assembly deputies’ delegations of the localities where the oversight team will conduct oversight within 15 days after the date of issuance of the resolution forming the oversight team and notify the working agenda and composition of the oversight team at least 10 days before the team starts working with agencies, organizations or individuals subject to oversight;

c/ To comply with the oversight contents and plan; to assign members of the team to conduct oversight in localities or at agencies or organizations;

d/ To request agencies, organizations or individuals subject to oversight to report in writing, provide information and documents relating to oversight activities and explain matters which the delegation is interested in;

dd/ To consider reports of agencies, organizations or individuals subject to oversight, request examination, invite specialists, collect information and meet and exchange opinions with related persons on matters which the team deems necessary;

e/ When detecting violations which harm the State’s interests or lawful rights and interests of organizations and individuals, the oversight team may request concerned agencies, organizations and individuals to apply necessary measures to timely stop violations and restore State’s interests or lawful rights and interests of organizations and individuals; request competent agencies, organizations and individuals to handle and determine responsibilities of violating agencies, organizations and individuals in accordance with law;

g/ Within 15 days after completing oversight activities, the oversight team shall report oversight results to the Standing Committee of the National Assembly for consideration and decision.

3. The Standing Committee of the National Assembly shall consider the oversight team’s report in the following order:

a/ The head of the team presents the report;

b/ Representatives of agencies, organizations or individuals subject to oversight, who are invited to attend the meeting, present their opinions;

c/ The Standing Committee of the National Assembly holds discussion.

In the course of discussion, representatives of the oversight team may additionally present related issues.

d/ The Standing Committee of the National Assembly issues a resolution on specialized oversight.

4. The contents of the resolution on specialized overright must comply with Clause 4, Article 16 of this Law.

The resolution shall be sent to agencies, organizations or individuals subject to oversight and related agencies, organizations and individuals.

Article 28.Consideration of operational reports of provincial-level People’s Councils

1. Provincial-level People’s Councils shall send their biannual and annual operational reports to the Standing Committee of the National Assembly.

2. When necessary, the Standing Committee of the National Assembly shall assign the Ethnic Council or a Committee of the National Assembly to study operational reports of provincial-level People’s Councils for reporting to the Standing Committee of the National Assembly.

3. The Standing Committee of the National Assembly shall discuss and issue resolutions on operation of provincial-level People’s Councils.

The contents of these resolutions must comply with Clause 5, Article 13 of this Law.

Article 29.Examination of resolutions of provincial-level People’s Councils which show signs of contravening the Constitution or laws or legal documents of superior state agencies

1. The Standing Committee of the National Assembly shall, at its own will or at the proposal of the Prime Minister, the Ethnic Council, Committees of the National Assembly or National Assembly deputies, examine resolutions of provincial-level People’s Councils which show signs of contravening the Constitution or laws or legal documents of superior state agencies.

The Ethnic Council and Committees of the National Assembly shall prepare opinions on the resolutions specified in this Clause as assigned by the Standing Committee of the National Assembly.

2 The Standing Committee of the National Assembly shall examine a resolution of a provincial-level People’s Council in the following order:

a/ A representative of the agency, organization or individual specified in Clause 1 of this Article presents the request or proposal;

b/ The Chairperson of the Ethnic Council or of a Committee of the National Assembly gives opinions;

c/ The Chairperson of the provincial-level People’s Council issuing the resolution, who is invited to attend the meeting, presents his/her opinions;

d/ The Standing Committee of the National Assembly holds discussion;

dd/ The Standing Committee of the National Assembly adopts a resolution on examination of a resolution of a provincial-level People’s Council.

The resolution must determine whether or not the resolution of a provincial-level People’s Council contravenes the Constitution, laws or legal documents of superior state agencies; in case this resolution contravenes the Constitution, laws or legal documents of superior state agencies, to decide to annul part or the whole of such resolution.

Article 30.Oversight of the settlement of complaints and denunciations

1. The Standing Committee of the National Assembly shall oversee the settlement of complaints and denunciations; consider reports on the settlement of complaints and denunciations of the Government, the Supreme People’s Court and the Supreme People’s Procuracy; and conduct specialized oversight or assign the Ethnic Council or Committees of the National Assembly to oversee the settlement of complaints and denunciations.

2. When receiving citizens’ complaints and denunciations, the Standing Committee of the National Assembly shall direct the study and processing of such complaints and denunciations and, when necessary, forward them to competent agencies, organizations or individuals for consideration and settlement.

Competent agencies, organizations or individuals shall consider and settle such complaints and denunciations within the time limit prescribed by law and notify the settlement results to the Standing Committee of the National Assembly within 7 days after issuing a decision on settlement of the complaints and denunciations; in case of disagreeing with the settlement results, the Standing Committee of the National Assembly may request the immediate superior agency or organization to consider and settle and notify settlement results to the Standing Committee of the National Assembly.

3. The Standing Committee of the National Assembly shall consider reports and proposals of the Ethnic Council, Committees of the National Assembly, National Assembly deputies’ delegations and National Assembly deputies on the settlement of complaints and denunciations by competent agencies, organizations and individuals.

4. When detecting violations which harm the State’s interests or lawful rights and interests of organizations and individuals, the Standing Committee of the National Assembly shall request competent agencies, organizations and individuals to apply necessary measures to timely stop such violations and restore the State’s interests or lawful rights and interests of organizations and individuals, and at the same time, request competent persons to handle and determine responsibilities of violating agencies, organizations or individuals in accordance with law; if disagreeing with the settlement of these agencies, organizations or individuals, it shall request heads of immediate superior agencies or organizations to consider and settle. Concerned agencies, organizations and individuals shall implement the requests of the Standing Committee of the National Assembly and give a reply to the Standing Committee of the National Assembly within 30 days after receiving the request.

Article 31.Oversight of settlement of voters’ petitions

1. The Standing Committee of the National Assembly shall oversee the settlement of voters’ petitions by competent agencies, organizations and individuals; and summarize reports on the settlement of voters’ petitions of competent agencies for submission to the National Assembly.

2. The Government, the Supreme People’s Court, the Supreme People’s Procuracy and other competent agencies shall report on the results of settlement of voters’ petitions to the Standing Committee of the National Assembly.

3. The Standing Committee of the National Assembly shall consider a report on settlement of voters’ petitions in the following order:

a/ The representative of an agency specified in Clause 2 of this Article presents the report;

b/ The Standing Committee of the National Assembly holds discussion;

c/ The meeting chairperson makes conclusions.

4. The Standing Committee of the National Assembly shall direct the preparation of reports on results of settlement of voters’ petitions and draft resolutions on settlement of voters’ petitions for submission to the National Assembly.

Article 32.Oversight of the election of deputies to the National Assembly and People’s Councils

1. The Standing Committee of the National Assembly shall coordinate with the National Election Council in issuing oversight plans and forming teams to oversee the election of deputies to the National Assembly and People’s Councils at all levels.

The composition of an oversight team shall be decided by the Standing Committee of the National Assembly.

2. Oversight teams shall oversee organizations in charge of election in localities and report oversight results to the Standing Committee of the National Assembly and the National Election Council.

The Standing Committee of the National Assembly and the National Election Council shall consider oversight results and settle according to its competence or request related agencies and organizations to timely settle proposals of oversight teams in accordance to the law on the election.

Article 33.Consideration of oversight proposals of the Ethnic Council, Committees of the National Assembly, National Assembly deputies’ delegations and National Assembly deputies

1. In case an agency, organization or individual subject to oversight fails to comply with oversight conclusions or proposals of the Ethnic Council, Committees of the National Assembly, National Assembly deputies’ delegations or National Assembly deputies, the Ethnic Council, Committees of the National Assembly, National Assembly deputies’ delegations or National Assembly deputies may propose the Standing Committee of the National Assembly to consider and make decision.

2. The Standing Committee of the National Assembly shall consider oversight proposals of the Ethnic Council, Committees of the National Assembly, National Assembly deputies’ delegations and National Assembly deputies in the following order:

a/ The Ethnic Council, Committees of the National Assembly, National Assembly deputies’ delegations or National Assembly deputies present a report on failure to comply with oversight conclusions or proposals by agencies, organizations or individuals subject to the oversight;

b/ Agencies, organizations or individuals subject to oversight report or give explanations;

c/ The Standing Committee of the National Assembly holds discussion;

d/ The Standing Committee of the National Assembly issues a resolution on the proposed issue.

Article 34.Proposing the National Assembly to cast votes of confidence on holders of posts elected or approved by the National Assembly

1. Members of the Standing Committee of the National Assembly may propose the Standing Committee of the National Assembly to consider and propose the National Assembly to cast votes of confidence on holders of posts elected or approved by the National Assembly who commit violation of law or fail to properly and fully perform their task, causing serious harms to the State’s interests or lawful rights and interests of organizations or individuals.

Written proposals shall be sent to the Chairperson of the National Assembly for putting up a the nearest meeting of the Standing Committee of the National Assembly.

The Standing Committee of the National Assembly shall consider and decide to propose the National Assembly to cast votes of confidence in the following order:

a/ A member of the Standing Committee presents the proposal for casting votes of confidence;

b/ The Standing Committee of the National Assembly holds discussion;

c/ Agencies, organizations and individuals who are invited to attend the meeting present their opinions;

d/ The Standing Committee of the National Assembly votes by a secret ballot.

The Standing Committee of the National Assembly shall propose the National Assembly to cast votes of confidence on the holder of a post elected or approved by the National Assembly when at least two-thirds of the total number of members of the Standing Committee of the National Assembly vote for the proposal.

2. When receiving the proposals from at least 20 percent of the total number of National Assembly deputies or proposals from the Ethnic Council or the Committees of the National Assembly for casting of votes of confidence on the holder of a post elected or approved by the National Assembly or when a person subject to collection of votes of confidence received low-confidence votes from two-thirds or more of the total number of National Assembly deputies, the Standing Committee of the National Assembly shall propose the National Assembly to cast votes of confidence.

The Standing Committee of the National Assembly shall consider proposing the National Assembly to cast votes of confidence in the following order:

a/ The representative of the agency which is assigned by the Standing Committee of the National Assembly reports on the proposal of National Assembly deputies or results of collection of votes of confidence, or the representative of the Ethnic Council or the Committee of the National Assembly having the proposal presents the report;

b/ The Standing Committee of the National Assembly discusses the proposal for casting of votes of confidence;

c/ Agencies, organizations and individuals that are invited to attend the meeting gives their opinions;

d/ The Standing Committee of the National Assembly approves the report on casting of votes of confidence.

Article 35.Competence of the Standing Committee of the National Assembly in considering oversight results

Based on oversight results, the Standing Committee of the National Assembly may:

1. Suspend the implementation of part or the whole of legal documents of the Government, the Prime Minister, the Judicial Council of the Supreme People’s Court, the Chief Justice of the Supreme People’s Court, the Chief procurator of the Supreme People’s Procuracy or the State Auditor General; joint resolutions of the Government and the Presidium of the Vietnam Fatherland Front Central Committee, joint circulars of the Chief Justice of the Supreme People’s Court and the Procurator General of the Supreme People’s Procuracy; joint circulars of ministers or heads of ministerial-level agencies and the Chief Justice of the Supreme People’s Court or the Procurator General of the Supreme People’s Procuracy, which contravene the Constitution or laws or resolutions of the National Assembly and propose the National Assembly to consider and decide to annul part or the whole of such documents at the nearest session.

2. Annul part or the whole of legal documents of the Government, the Prime Minister, the Judicial Council of the Supreme People’s Court, the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy or the State Auditor General; joint resolutions of the Government and the Presidium of the Vietnam Fatherland Front Central Committee, joint circulars of the Chief Justice of the Supreme People’s Court and the Procurator General of the Supreme People’s Procuracy; joint circulars of ministers or heads of ministerial-level agencies and the Chief Justice of the Supreme People’s Court or the Procurator General of the Supreme People’s Procuracy, which contravene ordinances or resolutions of the Standing Committee of the National Assembly;

3. Propose the National Assembly or request competent agencies or individuals to relieve from duty, remove from office or dismiss or handle those who commit serious violations.

4. Propose the National Assembly to cast votes of confidence on holders of posts elected or approved by the National Assembly;

5. Annul part or the whole of resolutions of provincial-level People’s Councils, which contravene the Constitution, laws or legal documents of superior state agencies; dissolve provincial-level People’s Councils that cause serious harms to the People’s interests;

6. Adopt resolutions on questioning; and adopt resolutions on results of specialized oversight;

Questioned persons and individuals and organizations subject to oversight shall biannually report on the results of implementation of resolutions on questioning or resolutions on specialized oversight and results of implementation of conclusions, requests or proposals for oversight of the Standing Committee of the National Assembly;

7. Request competent agencies, organizations and individuals to apply necessary measures to timely stop violations, determine responsibilities and handle violators and timely restore the State’s interests or lawful rights and interests of the organizations and individuals.

Article 36.Competence of the Standing Committee of the National Assembly in directing, regulating and coordinating oversight activities

1. To assign the Ethnic Council and Committees of the National Assembly to verify reports and implement some contents of oversight programs of the Standing Committee of the National Assembly.

2. To request the Ethnic Council and Committees of the National Assembly to report annually on their tentative oversight programs, contents and plans.

3. To request the Ethnic Council and Committees of the National Assembly to adjust their oversight programs, plans, time and places so as to avoid overlaps.

4. To request the Ethnic Council and Committees of the National Assembly  to coordinate with one another when conducting oversight in the same locality, agency or unit so as to ensure quality and effectiveness of oversight activities.

Section 3

OVERSIGHT ACTIVITIES OF THE ETHNIC COUNCIL AND COMMITTEES OF THE NATIONAL ASSEMBLY

Article 37.Oversight activities of the Ethnic Council and Committees of the National Assembly

1. To verify reports of the Government, the Supreme People’s Court, the Supreme People’s Procuracy and the State Audit Office of Vietnam prescribed in Clause 1, Article 13 of this Law under the charge of the Ethnic Council or Committees of the National Assembly or as assigned by the Standing Committee of the National Assembly.

2. To oversee legal documents prescribed at Point c, Clause 1, Article 4 of this Law.

3. To conduct specialized oversight.

4. To organize explanation about matters under the charge of the Ethnic Council or Committees of the National Assembly.

5. To oversee the settlement of complaints, denunciations and petitions of citizens.

6. To propose casting votes of confidence on holders of posts elected or approved by the National Assembly.

Article 38.Oversight programs of the Ethnic Council and Committees of the National Assembly

1. The Ethnic Council or a Committee of the National Assembly shall decide on its annual oversight program on the basis of oversight programs of the National Assembly and the Standing Committee of the National Assembly and opinions of members the Ethnic Council or Committee of the National Assembly.

2. The standing body of the Ethnic Council or of a Committee of the National Assembly shall plan the oversight program and submit it to the Ethnic Council or Committee of the National Assembly for consideration and decision at the end of the preceding year and organize the implementation of this program; when necessary, it may adjust this program and report such to the Ethnic Council or Committee of the National Assembly at the nearest meeting.

Article 39.Report verification

1. The Ethnic Council or a Committee of the National Assembly shall verify the reports prescribed in Clause 1, Article 13 of this Law, except reports of the Standing Committee of the National Assembly, the President, the Ethnic Council and Committees of the National Assembly.

2. The Ethnic Council or a Committee of the National Assembly shall hold a meeting to verify a report in the following order:

a/ The head of the reporting agency presents the report;

b/ Representatives of agencies and organizations invited to the meeting give opinions;

c/ The Ethnic Council or Committee of the National Assembly holds discussion;

d/ The Ethnic Council or Committee of the National Assembly votes for necessary matters;

dd/ The meeting chairperson summarizes opinions given in the meeting.

3. A verification report of the Ethnic Council or a Committee of the National Assembly which reflects opinions of its members and opinions of persons engaged in the verification shall be presented at sessions of the National Assembly and meetings of the Standing Committee of the National Assembly.

Article 40.Oversight of legal documents of central state agencies

1. The Ethnic Council or a Committee of the National Assembly shall, within the ambit of its tasks and powers, regularly monitor and urge the Government, the Prime Minister, ministers, heads of ministerial-level agencies, the Judicial Council of the Supreme People’s Court, the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy and the State Auditor General in promulgating legal documents in the fields under its charge.

2. When receiving a legal document sent by a concerned agency prescribed at Point c, Clause 1, Article 4 of this Law, the standing body of the Ethnic Council or of a Committee of the National Assembly shall study and examine that document. When detecting the legal document’s signs of contravening the Constitution, a law or resolution of the National Assembly, or an ordinance or a resolution of the Standing Committee of the National Assembly, it shall report such to the Ethnic Council or Committee of the National Assembly.

3. The Ethnic Council or a Committee of the National Assembly shall hold a meeting to examine a legal document which shows signs of contravening the Constitution, a law or resolution of the National Assembly resolution, or an ordinance or a resolution of the Standing Committee of the National Assembly in the following order:

a/ A representative of the standing body of the Ethnic Council or of Committee of the National Assembly presents the report;

b/ A representative of the agency or person promulgating the document gives explanations;

c/ Representatives of agencies and organizations and persons invited to the meeting give opinions;

d/ The Ethnic Council or Committee of the National Assembly holds discussion;

dd/ The meeting chairperson summarizes opinions given at the meeting;

e/ The Ethnic Council or Committee of the National Assembly votes for the examination of the legal document when necessary.

In case the legal document contravenes the Constitution, a law or  resolution of the National Assembly, or an ordinance or a resolution of the Standing Committee of the National Assembly, the Ethnic Council or Committee of the National Assembly shall request the promulgating agency or person to amend, supplement or partially or wholly annul that document.

4. Within 30 days after receiving a proposal, the concerned agency or person shall consider and implement it and notify such to the Ethnic Council or Committee of the National Assembly.

Past this time limit, if the document-promulgating agency or person fails to implement the proposal or the implementation fails to meet requirements, the Ethnic Council or Committee of the National Assembly shall propose the Standing Committee of the National Assembly or the Prime Minister to suspend the implementation of, or partially or wholly annul, that document according to competence.

5. The result of oversight of a legal document shall be reported to the Standing Committee of the National Assembly. When necessary, the Ethnic Council or Committee of the National Assembly shall propose the Standing Committee of the National Assembly to promulgate a resolution on oversight of promulgation of legal documents.

Article 41.Specialized oversight by the Ethnic Council and Committees of the National Assembly

1. On the basis of its oversight program, the Ethnic Council or a Committee of the National Assembly shall from a specialized oversight team at the request of its standing body.

A decision forming an oversight team must identify the subject, scope, contents and plan of oversight, membership of the oversight team and agency, organization or person subject to oversight.

An oversight team shall be headed by the chairperson or a vice chairperson of the Ethnic Council or Committee of the National Assembly and be composed of at least three members of the Ethnic Council or Committee of the National Assembly and a representative of the National Assembly deputies’ delegation of the locality where the team conducts oversight. National Assembly deputies other than members of the Ethnic Council or Committee of the National Assembly and representatives of concerned agencies and organizations may be invited to join activities of the oversight team. Concerned agencies and organizations shall create conditions for invited persons to join activities of the oversight team.

2. An oversight team shall have the following tasks and powers:

a/ To develop reporting outlines to serve the reporting by the agency, organization or person subject to oversight;

b/Within 15 days after the decision forming the oversight team is issued, to notify reporting contents, plan and outlines to the agency, organization or person subject to oversight and the National Assembly deputies’ delegation of the locality where oversight is conducted; to notify the agenda and membership of the oversight team at least 10 days before the team commences oversight activities;

c/ To strictly follow oversight contents and plan;

d/ To request the agency, organization or person subject to oversight to report in writing, provide information and documents relating to oversight contents and explain matters of the team’s concern;

dd/ To consider, verify, solicit expertise, invite consultants, collect information, meet and discuss with related persons on matters the team finds necessary;

e/ When detecting acts of violation of law which harm the interests of the State or lawful rights and interests of an organization or individual, to request concerned agencies, organizations and persons to take necessary measures to promptly terminate such acts, restore the interests of the State or lawful rights and interests of the affected organization or individual; to request competent agencies, organizations and persons to handle such violations and consider responsibilities of the violators in accordance with law;

g/ After completing oversight activities, to report the oversight result to the Ethnic Council or Committee of the National Assembly for consideration and decision.

Article 42.Consideration of reports of the Ethnic Council and Committees of the National Assembly

1. On the basis of the nature and contents of the overseen matter, the Ethnic Council or a Committee of the National Assembly shall hold a meeting to consider and discuss the report of the oversight team.

2. The oversight team’s report shall be considered in the following order:

a/ A representative of the oversight team presents the report;

b/ A representative of the agency, organization or person subject to oversight invited to the meeting gives opinions;

c/ The Ethnic Council or Committee of the National Assembly holds discussion.

During discussion, the representative of the oversight team may additionally present related matters;

d/ The meeting chairperson summarizes opinions given at the meeting;

dd/ The Ethnic Council or Committee of the National Assembly votes when necessary.

3. The Ethnic Council or Committee of the National Assembly shall send a report on oversight results to the Standing Committee of the National Assembly, the agency, organization or person subject to oversight and related agencies, organizations and persons.

4. The agency, organization or person subject to oversight shall implement oversight proposals of the Ethnic Council or Committee of the National Assembly; if it/he/she fails to implement or fully implement them, the Ethnic Council or Committee of the National Assembly shall report such to the Standing Committee of the National Assembly for consideration and decision.

Article 43.Explanation at meetings of the Ethnic Council and Committees of the National Assembly

1. On the basis of the oversight program, the Ethnic Council or a Committee of the National Assembly shall request cabinet members, the Chief Justice of the Supreme People’s Court or the Procurator General of the Supreme People’s Procuracy or State Auditor General to make explanations, and related persons to participate in the explanation, about matters under the charge of the Ethnic Council or Committee of the National Assembly.

The standing body of the Ethnic Council or of a Committee of the National Assembly shall decide on the organization, contents and plan of explanation and persons requested to make explanations.

A requested person shall report and make explanations at the request of the Ethnic Council or a Committee of the National Assembly.

2. Explanation shall be made at meetings of the Ethnic Council or a Committee of the National Assembly.

The Ethnic Council, Committees of the National Assembly, National Assembly deputies, related agencies, organizations and persons, specialists, scientists and subjects affected by policies may be invited to explanation sessions and give opinions.

3.The explanation contents and plan of the Ethnic Council or a Committee of the National Assembly shall be notified to the person requested to make explanations, members of the Ethnic Council or Committee of the National Assembly and invited delegates at least 10 days before the explanation session.

4. An explanation session of the Ethnic Council or a Committee of the National Assembly shall be held open unless otherwise decided by the standing body of the Ethnic Council or of the Committee of the National Assembly.

5. An explanation session shall be held in the following order:

a/ The chairperson states the matter to be explained and the person to make explanations;

b/ Members of the Ethnic Council or Committee of the National Assembly and National Assembly deputies raise explanation requests;

c/ The explainer makes explanations about the requested matter;

d/ Representatives of agencies and organizations invited to the explanation session give opinions;

dd/ The chairperson summarizes contents of the explanation session and plans the conclusion on the explained matter;

e/ The Ethnic Council or Committee of the National Assembly considers and approves the conclusion on the explained matter. The conclusion shall be approved when it is voted for by more than half of the members of the Ethnic Council or Committee of the National Assembly.

The conclusion of the Ethnic Council or Committee of the National Assembly shall be sent to the Standing Committee of the National Assembly, National Assembly deputies, the requested explainer and related agencies and organizations.

6. Related agencies and persons shall implement the conclusion of the Ethnic Council or Committee of the National Assembly; in case they fail to implement or fully implement it, the Ethnic Council or Committee of the National Assembly shall report such to the Standing Committee of the National Assembly for consideration and decision.

Article 44.Oversight of settlement of complaints, denunciations and petitions of citizens

1. The Ethnic Council and a Committee of the National Assembly shall, within the ambit of its tasks and powers, oversee the settlement of complaints, denunciations and petitions of citizens in the fields under its charge.

2. When receiving a citizen’s complaint, denunciation or petition, the standing body of the Ethnic Council or of a Committee of the National Assembly shall study and process it; and when necessary, forward it to a competent agency, organization or person for consideration and settlement.

A competent agency, organization or person shall consider and settle a complaint, denunciation or petition within the time limit prescribed by law and notify the settlement to the Ethnic Council or a Committee of the National Assembly within 7 days after issuing a settlement decision. In case of disagreeing with the settlement result, the Ethnic Council or Committee of the National Assembly may propose the head of the immediate superior agency or organization to consider and settle the complaint, denunciation or petition and notify the former of the settlement result.

3. When necessary, the Ethnic Council or Committee of the National Assembly may request a competent agency, organization or person to report; and request related agencies, organizations and persons, or the person making the complaint, denunciation or petition to present and provide information and documents of the concern of the Ethnic Council or Committee of the National Assembly; organize a specialized oversight team; or assign its members to consider and verify matters of its concern.

Article 45.Proposal to the Standing Committee of the National Assembly to consider and propose the National Assembly to cast votes of confidence on holders of posts elected or approved by the National Assembly

1. In the course of oversight, if detecting that the holder of a post elected or approved by the National Assembly commits acts of violation of law or fails to properly and fully perform his/her assigned tasks and powers, seriously harming the interests of the State or lawful rights and interests of an organization or individual, or when at least 20% of the total members of the Ethnic Council or a Committee of the National Assembly request in writing consideration for casting votes of confidence on the holder of a post elected or approved by the National Assembly, the standing body of the Ethnic Council or of the Committee of the National Assembly shall report such to the Ethnic Council or Committee of the National Assembly for consideration and decision.

2. The Ethnic Council or a Committee of the National Assembly shall consider and decide on the proposal to cast votes of confidence at its meeting in the following order:

a/ The standing body of the Ethnic Council or of the Committee of the National Assembly reports to the Ethnic Council or Committee of the National Assembly on the proposal to cast votes of confidence;

b/ Representatives of agencies and organizations invited to the meeting give opinions;

c/ The Ethnic Council or Committee of the National Assembly holds discussion;

d/ The Ethnic Council or Committee of the National Assembly casts secret votes.

The Ethnic Council or Committee of the National Assembly shall propose the Standing Committee of the National Assembly to cast votes of confidence when at least two-thirds of the total members of the Ethnic Council or Committee of the National Assembly vote for it.

Article 46.Competence of the Ethnic Council and Committees of the National Assembly in consideration of oversight results

On the basis of oversight results, the Ethnic Council or a Committee of the National Assembly has the following competence:

1. To propose a competent agency, organization or person to amend, supplement, suspend the implementation of, or partially or wholly annul a legal document;

2. To propose to the Prime Minister, other cabinet members, the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy, the State Auditor General and heads related agencies and  organizations on matters under the charge of the Ethnic Council or Committee of the National Assembly. After receiving such proposal, a person shall consider it and give a reply within 15 days. Past this time limit, if the Ethnic Council or Committee of the National Assembly does not receive a reply or disagrees with it, it may propose the Chairperson of the National Assembly to request the recipient of the proposal to give answers at the nearest meeting of the Standing Committee of the National Assembly or the nearest session of the National Assembly; or propose the Prime Minister to consider it if the recipient of the proposal is the chairperson of a provincial-level People’s Committee;

3. To request a competent agency, organization or person to take necessary measures to promptly terminate acts of violation of law and consider responsibilities of and handle the violators and restore the interests of the State or lawful rights and interests of affected organizations and persons.

Section 4

OVERSIGHT ACTIVITIES OF NATIONAL ASSEMBLY DEPUTIES AND NATIONAL ASSEMBLY DEPUTIES’ DELEGATIONS

Article 47.Oversight activities of National Assembly deputies

1. A National Assembly deputy shall conduct oversight through the following activities:

a/ To question the persons prescribed at Point dd, Clause 1, Article 4 of this Law;

b/ To oversee legal documents; to oversee the law enforcement;

c/ To oversee the settlement of complaints, denunciations and petitions of citizens.

2. A National Assembly deputy shall himself/herself carry out oversight activities or participate in oversight activities of the National Assembly deputies’ delegation; and join the oversight team of the National Assembly, the Standing Committee of the National Assembly, the Ethnic Council or a Committee of the National Assembly in the locality when so requested.

Article 48.Oversight activities of National Assembly deputies’ delegations

1. A National Assembly deputies’ delegation shall organize oversight through the following activities:

a/ To conduct specialized oversight of the law enforcement in the locality;

b/ To oversee the settlement of citizens’ complaints, denunciations and petitions forwarded by National Assembly deputies or the National Assembly deputies’ delegation to competent agencies, organizations and persons;

c/ To assign National Assembly deputies in the National Assembly deputies’ delegation to join the oversight team of the National Assembly, the Standing Committee of the National Assembly, the Ethnic Council or a Committee of the National Assembly in the locality when so requested.

2. A National Assembly deputies’ delegation shall organize its National Assembly deputies’ oversight in the locality.

Article 49.Oversight programs of National Assembly deputies and National Assembly deputies’ delegations

A National Assembly deputy shall work out his/her annual oversight program and send it to the National Assembly deputies’ delegation.

On the basis of the oversight program of every National Assembly deputy, oversight programs of the National Assembly, the Standing Committee of the National Assembly, the Ethnic Council and Committees of the National Assembly, the local practical situation, proposal of the provincial-level Vietnam Fatherland Front Committee and opinions and petitions of voters, a National Assembly deputies’ delegation shall work out its annual oversight program and report it to the Standing Committee of the National Assembly. The National Assembly deputies’ delegation shall organize the implementation of its oversight activities and oversight programs of its National Assembly deputies.

The National Assembly deputies’ delegation shall annually report to the Standing Committee of the National Assembly on the implementation of its oversight program and oversight programs of its National Assembly deputies.

Article 50.Questioning by National Assembly deputies

1. A National Assembly deputy may directly question at a session of the National Assembly or meeting of the Standing Committee of the National Assembly, or send written questions to, the persons prescribed at Point dd, Clause 1, Article 4 of this Law.

2. The contents of questions must be specific and clear, have grounds and be related to the tasks, powers and responsibilities of the questioned person.

3. The order of questioning at a session of the National Assembly or meeting of the Standing Committee of the National Assembly must comply with Articles 15 and 26 of this Law, rules of the National Assembly sessions and the working regulation of the Standing Committee of the National Assembly.

In case a National Assembly deputy sends a written question to a person, within 20 days after the date of questioning, this person shall send a written reply to the questioner and concurrently to the Standing Committee of the National Assembly.

Article 51.Oversight of legal documents by National Assembly deputies

A National Assembly deputy shall study and examine contents of legal documents. When detecting a legal document showing signs of contravening the Constitution, a law or resolution of the National Assembly, or an ordinance or a resolution of the Standing Committee of the National Assembly, the National Assembly deputy may propose a competent agency or person to amend, supplement, suspend the implementation of, or partially or wholly annul that document. If the agency or person having promulgated that document fails to implement such proposal or the implementation fails to meet requirements, the National Assembly deputy shall report such to the Standing Committee of the National Assembly for consideration and handling in accordance with law.

Article 52.Oversight of the law enforcement in localities by National Assembly deputies’ delegations

1. On the basis of its oversight program or at the request of the National Assembly or the Standing Committee of the National Assembly or in implementation of the oversight plan of the National Assembly or the Standing Committee of the National Assembly as assigned, a National Assembly deputies’ delegation shall form a team to conduct specialized oversight of the law enforcement in the locality.

The National Assembly deputies’ delegation shall decide on oversight contents and plan, membership of the oversight team and the agency, organization or person subject to oversight.

The oversight contents and plan shall be notified to the agency, organization or person subject to oversight at least 10 days before oversight activities commence.

An oversight team shall be headed by the head or deputy head of the National Assembly deputies’ delegation and composed of at least 3 National Assembly deputies being members of the National Assembly deputies’ delegation.

Representatives of concerned agencies and organizations may be invited to join activities of the oversight team.

Related agencies and organizations shall create conditions for persons invited to join activities of the oversight team.

2. When conducting oversight, an oversight team shall have the following tasks and powers:

a/ To strictly follow the oversight contents and plan under the decision forming the oversight team;

b/ To request the agency, organization or person subject to oversight to make written report and provide information and documents relating to oversight contents; and explain matters of the oversight team’s concern; to consider and settle matters related to the implementation of policies and law or to the socio-economic life of local people;

c/ To consider, verify and invite consultants for matters the oversight team finds necessary;

d/ To propose concerned agencies, organizations and individuals to apply necessary measures to promptly terminate acts of violation of law and restore the interests of the State or lawful rights and interests of affected organizations or persons; to request competent agencies, organizations or persons to consider responsibilities of the violators in accordance with law.

3. Within 10 days after completing oversight activities, the oversight team shall report on oversight results to the National Assembly deputies’ delegation.

4. On the basis of the nature and contents of the overseen matter, the National Assembly deputies’ delegation shall consider requests and proposals of the oversight team and send them to the agency, organization or person subject to oversight.

A report on oversight results of the National Assembly deputies’ delegation shall be sent to the oversight team of the National Assembly or of the Standing Committee of the National Assembly which requests the oversight.

Article 53.National Assembly deputies’ oversight of the law enforcement in localities

1. On the basis of his/her oversight program, a National Assembly deputy shall oversee the law enforcement in the locality.

The National Assembly deputy shall decide on oversight contents and plan and agencies, organizations and persons subject to oversight and report them to the National Assembly deputies’ delegation.

A National Assembly deputies’ delegation shall organize National Assembly deputies’ oversight of the law enforcement in the locality; notify oversight contents and plan of a National Assembly deputy to the agency, organization or person subject to oversight at least 10 days before oversight activities commence; ensure funds, means and other necessary conditions and serve oversight activities of National Assembly deputies.

2. When conducting oversight, a National Assembly deputy shall have the following tasks and powers:

a/ To strictly follow the oversight contents and plan;

b/ To request the agency, organization or person subject to oversight to make written reports and provide information and documents relating to oversight contents; and explain matters of the National Assembly deputy’s concern; to consider and settle matters related to the implementation of policies and law or to the socio-economic life of local people;

c/ To consider, verify and invite consultants for matters the National Assembly deputy finds necessary;

d/ To propose concerned agencies, organizations and individuals to apply necessary measures to promptly terminate acts of violation of law and restore the interests of the State or lawful rights and interests of affected organizations or persons; to request competent agencies, organizations and persons to consider responsibilities of the violators in accordance with law.

3. Within 10 days after completing oversight activities, the National Assembly deputy shall send the conclusion on the overseen matter to the agency, organization or person subject to oversight and to his/her National Assembly deputies’ delegation.

Article 54.National Assembly deputies’ oversight of the settlement of complaints, denunciations and petitions of citizens

1. A National Assembly deputies’ delegation shall organize National Assembly deputies’ reception of citizens and oversight of the settlement of complaints, denunciations and petitions of citizens by competent agencies, organizations and persons.

2. When receiving a citizen’s complaint, denunciation or petition, a National Assembly deputy shall study and promptly forward it to a competent agency, organization or person for settlement and notify such to the person making the complaint, denunciation or petition; and urge, monitor and oversee the settlement. The competent person shall notify the National Assembly deputy of the result of the settlement of the citizen’s complaint, denunciation or petition within the time limit prescribed by law.

When finding the settlement of a complaint, denunciation or petition unlawful, the National Assembly deputy may meet the head of the concerned agency or organization to inquire into such settlement and request reconsideration. When necessary, the National Assembly deputy may request settlement by the head of the immediate superior agency or organization of that agency or organization.

3. A National Assembly deputy may request related agencies, organizations and persons or the person making a complaint, denunciation or petition to make explanations and provide related information and documents; and consider and verify matters of the National Assembly deputy’s concern.

Article 55.Right to request provision of information

1. When conducting oversight, a National Assembly deputy may request an agency, organization or person involved in an overseen matter to provide information and documents related to its/his/her tasks.

2. The head of an agency or organization or a person shall comply with the National Assembly deputy’s request within 5 days after receiving such request.

Article 56.Competence of National Assembly deputies and National Assembly deputies’ delegations in consideration of oversight results

1. On the basis of oversight results, a National Assembly deputy or National Assembly deputies’ delegation shall have the following competence:

a/ To request or propose a competent agency, organization or person to amend, supplement, suspend the implementation of, or partially or wholly annul a legal document;

b/ To propose a competent agency, organization or person to consider and settle matters related to guidelines, policies and laws. An agency, organization or person shall consider and give a reply within 15 days after receiving a proposal. Past this time limit, if the National Assembly deputy does not receive a reply or disagrees with a reply, the National Assembly deputy or the National Assembly deputies’ delegation may propose a competent agency, organization or person to consider and settle the matter and concurrently report such to the Standing Committee of the National Assembly for consideration and decision;

c/ To request a competent agency, organization or person to apply necessary measures to promptly stop acts of violation of law, consider responsibilities and handle the violators and restore the interests of the State or lawful rights and interests of affected organizations and persons.

2. In addition to the rights prescribed in Clause 1 of this Article, a National Assembly deputy may propose the Standing Committee of the National Assembly to consider and propose the National Assembly to cast votes of confidence on holders of posts elected or approved by the National Assembly.

Chapter III

OVERSIGHT BY PEOPLE’S COUNCILS

Section 1

OVERSIGHT ACTIVITIES OF PEOPLE’S COUNCILS

Article 57.Oversight activities of the People’s Council

1. To consider work reports of the standing body of the People’s Council, People’s Committee, People’s Court, People’s Procuracy and civil judgment enforcement agency of the same level and other reports in accordance with Article 59 of this Law.

2. To consider answers of questioned persons prescribed at Point dd, Clause 1, Article 5 of this Law.

3. To consider decisions of the People’s Committee of the same level or resolutions of the immediate subordinate People’s Council which show signs of contravening the Constitution, a law, a legal document of the superior state agency or a resolution of the People’s Council of the same level.

4. To conduct specialized oversight.

5. To cast or collect votes of confidence on holders of posts elected by the People’s Council.

Article 58.Oversight programs of the People’s Council

1. The standing body of the People’s Council shall plan the annual oversight program of the People’s Council at the proposal of Boards of the People’s Council, People’s Council deputies, the standing board of the Vietnam Fatherland Front Committee of the same level and petitions of local voters and submit it to the People’s Council for consideration and decision at the mid-year session of the preceding year.

By March 1 of the preceding year at the latest, Boards of the People’s Council, People’s Council deputies, the standing board of the Vietnam Fatherland Front Committee of the same level and local voters shall send their proposals and petitions for oversight by the People’s Council to the standing body of the People’s Council, which must clearly state the necessity, contents, scope and subjects of oversight.

The Office of the provincial-level People’s Council and the assistant apparatus of the district- or commune-level People’s Council shall collect and summarize proposals and petitions for oversight and report them to the standing body of the People’s Council. At least 10 days before the opening of the mid-year session of the People’s Council, the standing body of the People’s Council shall plan the oversight program of the People’s Council and submit it to the People’s Council for consideration and decision.

2. The People’s Council shall decide on its annual oversight program in the following order:

a/ The standing body of the People’s Council presents the tentative oversight program;

b/ The People’s Council holds discussion;

c/ The People’s Council votes for approval of its oversight program.

3. The standing body of the People’s Council shall issue the plan on and organize the implementation of the oversight program of the People’s Council, except the case prescribed in Article 62 of this Law.

4. The standing body of the People’s Council shall report on the result of implementation of the annual oversight program of the People’s Council at the mid-year session of the following year of the People’s Council.

Article 59.Consideration of reports

1. The People’s Council shall consider the following reports:

a/ Biannual and annual work reports of the standing body of the People’s Council, Boards of the People’s Council, People’s Committee, People’s Court, People’s Procuracy and civil judgment enforcement agency of the same level;

b/ Work reports of the office term of the standing body of the People’s Council, Boards of the People’s Council, People’s Committee, People’s Court and People’s Procuracy of the same level;

c/ Socio-economic reports of the People’s Committee; reports of the People’s Committee on state budget implementation and final state budget accounts of the locality; reports of the People’s Committee on corruption prevention and control; reports of the People’s Committee on thrift practice and waste control; reports of the People’s Committee on prevention and control of crimes and violations of law; reports of the People’s Committee on settlement of complaints, denunciations and petitions of voters;

d/ Reports on the law enforcement in other fields as prescribed by law;

dd/ Other reports at the proposal of the standing body of the People’s Council.

2. The time for consideration of reports is prescribed as follows:

a/ At its mid-year and year-end sessions, the People’s Council shall consider and discuss the reports prescribed at Points a and b, Clause 1 of this Article;

b/ At the final session of its term, the People’s Council shall consider and discuss the reports prescribed at Point b, Clause 1 of this Article;

c/ The time for consideration of the reports prescribed at Points d and dd, Clause 1 of this Article shall be proposed by the standing body of the People’s Council.

3. As assigned by the standing body of the People’s Council, Boards of the People’s Council of the same level shall verify the reports prescribed in Clause 1 of this Article, except reports of the standing body of the People’s Council and Boards of the People’s Council.

4. The People’s Council shall consider and discuss a report in the following order:

a/ The head of the reporting agency presents the report;

b/ The head of a Board of the People’s Council presents the verification report;

c/ The head of the reporting agency may additionally present matters of the concern of the People’s Council;

d/ The People’s Council holds discussion;

dd/ The People’s Council may issue a resolution on work of the reporting agency.

5. The contents of a resolution must comply with Clause 5, Article 13 of this Law.

Article 60.Questioning and consideration of answers at sessions of the People’s Council

1. Before a questioning session, People’s Council deputies shall write matters to be questioned and questioned persons on the question forms and send them to the standing body of the People’s Council.

2. On the basis of the agenda of the session, opinions and petitions of voters, matters of social concern and question forms of People’s Council deputies, the standing body of the People’s Council shall propose the People’s Council to decide on groups of matters to be questioned and questioned persons.

3. The questioning activity at a session of the People’s Council must follow the following order:

a/ A People’s Council deputy raises questions and may provide illustrating information in image or video or specific material proofs;

b/ The questioned person directly gives full answers on the matter raised by the People’s Council deputy and may not authorize another person to give answers; and identifies responsibilities, measures and deadline for settlement of limitations or problems (if any);

c/ If disagreeing with the answers, the People’s Council deputy may raise questions to the questioned person;

d/ Other persons may be invited to the meeting and answer questions of People’s Council deputies on matters under their charge.

The time for questioning and answering must comply with the Regulation on operation of People’s Councils and People’s Council deputies.

4. The People’s Council shall allow written answers in the following cases:

a/ The questions do not fall into groups of matters to be questioned at the session;

b/ The questioned matters require examination and verification;

c/ The questions fall into groups of matters to be questioned at the session but have not been answered at the session.

The questioned person shall directly give a written answer which shall be sent to the questioning People’s Council deputy and the standing body of the People’s Council within 20 days after the date of questioning.

After receiving a written answer, a People’s Council deputy who disagrees with this answer may propose the People’s Council to discuss it at its session or to consider responsibilities of the questioned person.

5. The People’s Council may issue a resolution on questioning which must comply with Clause 5, Article 15 of this Law.

6. The questioning session at the provincial-level People’s Council shall be broadcast live on radio or television, except the case decided by the People’s Council.

7. At least 10 days before the opening of a session of the People’s Council, persons who have answered questions shall send a report on implementation of the resolution of the People’s Council on questioning and fulfillment of commitments made at the preceding session to the standing body of the People’s Council for forwarding to People’s Council deputies.

Article 61.Examination of legal documents with signs of contravening the Constitution, laws, legal documents of superior state agencies and resolutions of People’s Councils of the same level

1. The People’s Council shall examine a decision of the People’s Committees of the same level or a resolution of the immediate subordinate People’s Council which shows signs of contravening the Constitution, a law, a legal document of a superior state agency or a resolution of the People’s Council at the proposal of its standing body.

2. The People’s Council shall examine a legal document prescribed in Clause 1 of this Article in the following order:

a/ A representative of the standing body of the People’s Council presents the proposal;

b/ The People’s Council holds discussion;

c/ The head of the agency promulgating the legal document additionally presents related matters;

d/ The People’s Council issues a resolution on examination of the document.

3. A resolution of the People’s Council must determine whether the legal document contravenes or does not contravene the Constitution, a law, a document of a superior state agency or a resolution of the People’s Council of the same level. In case the legal document contravenes the Constitution, a law, a document of a superior state agency or a resolution of the People’s Council of the same level, that document shall be partially or wholly annulled.

Article 62.Specialized oversight by People’s Councils

1. On the basis of its oversight program, the People’s Council shall issue a resolution forming a specialized oversight team at the proposal of its standing body.

A resolution of the People’s Council forming an oversight team must clearly identify the subject, scope, contents and plan of oversight, membership of the oversight team and agency, organization or person subject to oversight.

An oversight team shall be headed by the chairperson or vice chairperson of the People’s Council and composed of members of the standing body of the People’s Council, representatives of Boards of the People’s Council and some People’s Council deputies. Representatives of the Vietnam Fatherland Front Committee of the same level and its member organizations may be invited to join the oversight team.

2. An oversight team shall have the following tasks and powers:

a/ To develop reporting outlines to serve the reporting by the agency, organization or person subject to oversight;

b/ Within 15 days after the People’s Council issues a resolution forming the oversight team, to notify reporting contents, plan and outlines to the agency, organization or person subject to oversight; to notify the agenda and membership of the oversight team at least 10 days before the team works with the agency, organization or person subject to oversight;

c/ To strictly follow oversight contents and plan;

d/ To request the agency, organization or person subject to oversight to report in writing, provide information and documents related to oversight contents and explain matters of the team’s concern;

dd/ To consider, verify, invite specialist to provide consultancy on matters the team finds necessary;

e/ When detecting acts of violation of law which harm the interests of the State or lawful rights and interests of an organization or individual, to request concerned agencies, organizations and persons to take necessary measures to promptly terminate such acts, restore the interests of the State or lawful rights and interests of the affected organization or individual; to request competent agencies, organizations and persons to handle such violations and examine responsibilities of the violators in accordance with law;

g/ After completing oversight activities, to report the oversight result to the People’s Council for consideration at its nearest session.

Before reporting to the People’s Council, the oversight team shall report to the standing body of the People’s Council on the oversight result.

3. The People’s Council shall consider the oversight team’s report in the following order:

a/ The oversight team reports on the oversight result;

b/ A representative of the agency, organization or person subject to oversight reports and makes explanations;

c/ The People’s Council holds discussion.

In the course of discussion, the representative of the oversight team may additionally present related matters;

d/ The People’s Council issues a resolution on the overseen matter which must comply with Clause 4, Article 16 of this Law.

4. An oversight resolution shall be sent to the agency, organization or person subject to oversight and related agencies, organizations and persons.

Article 63.People’s Councils collecting votes of confidence

1. The People’s Council shall collect votes of confidence on holders of the following posts:

a/ Chairperson of the People’s Council, Vice Chairperson of the People’s Council, Head of Board of the People’s Council; and Chief of the Office of the People’s Council, for provincial-level People’s Councils;

b/ Chairperson of the People’s Committee, Vice Chairperson of the People’s Committee, and Member of the People’s Committee.

2. The votes of confidence shall be colleted at a session of the People’s Council in the following order:

a/ The standing body of the People’s Council proposes the People’s Council to decide on the list of persons on whom votes of confidence will be collected;

b/ The People’s Council collects secret votes of confidence;

c/ The standing body of the People’s Council proposes the People’s Council to adopt a resolution certifying the result of votes of confidence.

3. A person who receives low-confidence votes from more than half of the total number of the People’s Council deputies may resign.

The standing body of the People’s Council shall propose the People’s Council to cast votes of confidence on a person who receives low-confidence votes from two-thirds or more of the total number of People’s Council deputies.

4. In addition to this Article, the time limit, time and order of collection votes of confidence on persons elected by the People’s Council must comply with the National Assembly’s resolution.

Article 64.People’s Councils casting votes of confidence

1. The People’s Council shall cast votes of confidence on holders of positions elected by the People’s Council in the following cases:

a/ At the proposal of at least one-third of the total number of the People’s Council deputies;

c/ At the proposal of the Vietnam Fatherland Front Committee of the same level;

d/ A person on whom votes of confidence have been collected receives low-confidence votes from two-thirds or more of the total number of the People’s Council deputies.

2. Votes of confidence on the holder of a post elected by the People’s Council shall be cast at a session of the People’s Council in the following order:

a/ The standing body of the People’s Council proposes the People’s Council to cast votes of confidence;

b/ The person on whom votes of confidence are cast gives his/her opinions;

c/ The People’s Council holds discussion;

d/ The People’s Council casts secret votes of confidence;

dd/ The standing body of the People’s Council proposes the People’s Council to adopt a resolution certifying the result of votes of confidence.

3. A person who receives no-confidence votes from more than half of the total number of the People’s Council deputies may resign. If he/she does not resign, the agency or person competent to nominate that person for election by the People’s Council shall propose the People’s Council to consider and decide to relieve of duty or remove from office that person.

4. In addition to this Article, the order of casting votes of confidence on holders of posts elected by the People’s Council must comply with the National Assembly’s resolution.

Article 65.Competence of People’s Councils in consideration of oversight results

On the basis of oversight results, the People’s Council shall have the competence below:

1. To partially or wholly annul a decision of the People’s Committee of the same level or a resolution of the immediate subordinate People’s Council;

2. To issue a resolution on questioning;

3. To relieve of duty or remove from office the Chairperson, Vice Chairperson or Head of Board of the People’s Council, the Chief of the Office of the People’s Council, for provincial-level People’s Councils, the Chairperson, Vice Chairperson or Member of the People’s Committee;

4. To dissolve an immediate subordinate People’s Council which seriously harms the interests of the People.

Section 2

OVERSIGHT ACTIVITIES OF THE STANDING BODIES OF THE PEOPLE’S COUNCILS

Article 66.Oversight activities of the standing body of the People’s Council

1. To consider decisions of the People’s Committee of the same level and resolutions of immediate subordinate People’s Councils which show signs of contravening the Constitution, laws, legal documents of superior state agencies and resolutions of the People’s Council of the same level.

2. To consider answers of questioned persons prescribed at Point dd, Clause 1, Article 5 of this Law when the People’s Council is in recess.

3. To conduct specialized oversight.

4. To organize explanation at its meetings.

5. To oversee the settlement of complaints and denunciations of citizens.

6. To oversee the settlement of petitions of voters.

Article 67.Oversight programs of the standing body of the People’s Council

1. The standing body of the People’s Council shall decide on its annual oversight program on the basis of the oversight program of the People’s Council and opinions of members of the standing body of the People’s Council, proposals of Boards of the People’s Council, People’s Council deputies and the Vietnam Fatherland Front Committee of the same level, and opinions and petitions of local voters.

At least 5 days before the opening of the year-end session of the People’s Council, Boards of the People’s Council, People’s Council deputies and the Vietnam Fatherland Front Committee of the same level shall send to the standing body of the People’s Council proposals on oversight for inclusion into the oversight program of the standing body of the People’s Council, which must clearly state the necessity, contents, scope and subjects of oversight.

The Office of the provincial-level People’s Council or the assistant apparatus of the district- or commune-level People’s Council shall collect and summarize oversight proposals for submission to the standing body of the People’s Council.

2. The standing body of the People’s Council shall consider and decide on the annual oversight program within 15 days after the closure of the year-end session of the People’s Council of the preceding year.

The standing body of the People’s Council shall consider and decide on the annual oversight program in the following order:

a/ The Chief of the Office of the provincial-level People’s Council or the head of the assistant apparatus of the district- or commune-level People’s Council submits the tentative oversight program of the standing body of the People’s Council;

b/ The standing body of the People’s Council holds discussion;

c/ The standing body of the People’s Council approves the oversight program.

3. On the basis of the approved oversight program, the standing body of the People’s Council shall assign its members to implement contents of the program; assign Boards of the People’s Council to implement some contents of the program and report implementation results to the standing body of the People’s Council when necessary.

4. The standing body of the People’s Council shall report on the result of its implementation of the annual oversight program to the People’s Council at the mid-year session of the following year.

Article 68.Consideration of decisions of People’s Committees of the same level and resolutions of immediate subordinate People’s Councils with signs of contravening the Constitution, laws, legal documents of superior state agencies and resolutions of People’s Councils of the same level

1. The standing body of the People’s Council shall consider a decision of the People’s Committee of the same level or a resolution of an immediate subordinate People’s Council which shows signs of contravening the Constitution, a law, a legal document of a superior state agency or a resolution of the People’s Council of the same level in the following cases:

a/ It detects that the legal document shows signs of contravening the Constitution, a law, a legal document of a superior state agency or a resolution of the People’s Council of the same level;

b/ At the proposal of a Board of the People’s Council or a People’s Council deputy;

c/ At the proposal of the People’s Committee or the Vietnam Fatherland Front Committee of the same level.

2. The Legal Affairs Board shall verify a proposal on a legal document with signs of contravening the Constitution.

A Board of the People’s Council shall assume the prime responsibility for and coordinate in verifying a proposal on a legal document with signs of contravening a law, a legal document of a superior state agency or a resolution of the People’s Council of the same level in the field under its charge.

3. The standing body of the People’s Council shall consider a legal document prescribed in Clause 1 of this Article in the following order:

a/ A representative of the proposing agency, organization or person presents the proposal;

b/ The head of a Board of the People’s Council presents the verification report;

c/ Representatives of agencies and organizations invited to the meeting give opinions;

d/ The head of the agency promulgating the legal document reports and makes explanations;

dd/ The standing body of the People’s Council holds discussion;

e/ The meeting chairperson make conclusions.

4. When finding a legal document showing signs of contravening the Constitution, a law, a legal document of a superior state agency or a resolution of the People’s Council of the same level, the standing body of the People’s Council may request the agency promulgating that document to amend, supplement or partially or wholly annul that document. In case this agency fails to do so, the standing body of the People’s Council shall propose the People’s Council to consider and decide on it.

Article 69.Questioning and consideration of answers at meetings of the standing body of the People’s Council when the People’s Council is in recess

1. When the People’s Council is in recess, People’s Council deputies shall write matters to be questioned and questioned persons in the question forms and send them to the standing body of the People’s Council of the same level.

On the basis of the agenda of the meeting, opinions and petitions of voters, matters of social concern and question forms of People’s Council deputies, the standing body of the People’s Council shall decide on groups of matters to be questioned, questioned persons and questioning time.

2. The questioning at a meeting of the People’s Council must follow the following order:

a/ A People’s Council deputy raises questions and may provide illustrating information in image or video or specific material proofs;

b/ The questioned person directly gives full answers on the matter raised by the People’s Council deputy and may not authorize another person to give answers; and identifies responsibilities, measures and deadline for settlement of limitations or problems (if any);

c/ If disagreeing with the answers, the People’s Council deputy may raise questions to the questioned person;

d/ Other persons may be invited to the meeting and answer questions of People’s Council deputies on matters under their charge.

The time for questioning and answering must comply with the Regulation on operation of People’s Councils and People’s Council deputies.

3. The standing body of the People’s Council shall allow written answers in the following cases:

a/ The questions do not fall into groups of matters to be questioned at the meeting;

b/ The questioned matters require examination and verification;

c/ The questions fall into groups of matters to be questioned at the meeting but have not been answered at the meeting.

The questioned person shall directly give a written answer which shall be sent to the questioning People’s Council deputy and the standing body of the People’s Council within 20 days after the date of questioning.

After receiving a written answer, a People’s Council deputy who disagrees with this answer may propose the standing body of the People’s Council to discuss it at its meeting or to consider responsibilities of the questioned person.

Article 70.Specialized oversight by the standing body of the People’s Council

1. On the basis of the oversight program, the standing body of the People’s Council shall issue a decision forming a specialized oversight team.

A decision forming an oversight team must clearly identify the subject, scope, contents and plan of oversight, membership of the oversight team and agency, organization or person subject to oversight.

An oversight team shall be headed by a vice chairperson of the People’s Council or a member of the standing body of the People’s Council and composed of representatives of Boards of the People’s Council and some People’s Council deputies. Representatives of the Vietnam Fatherland Front Committee and its member organizations may be invited to join the oversight team.

2. An oversight team shall have the following tasks and powers:

a/ To develop reporting outlines to serve the reporting by the agency, organization or person subject to oversight;

b/ Within 15 days after a decision forming the oversight team is issued, to notify reporting contents, plan and outlines to the agency, organization or person subject to oversight; to notify the agenda and membership of the oversight team at least 10 days before the team works with the agency, organization or person subject to oversight;

c/ To strictly follow oversight contents and plan;

d/ To request the agency, organization or person subject to oversight to report in writing, provide information and documents relating to oversight contents and explain matters of the team’s concern;

dd/ To consider, verify, invite specialists to provide consultancy on matters the team finds necessary;

e/ When detecting acts of violation of law which harm the interests of the State or lawful rights and interests of an organization or individual, to request concerned agencies, organizations and persons to take necessary measures to promptly terminate such acts and restore the interests of the State or lawful rights and interests of the affected organization or individual; to request competent agencies, organizations and persons to handle such violations and consider responsibilities of the violators in accordance with law;

g/ Within 15 days after completing oversight activities, to report the oversight result to the standing body of the People’s Council for consideration and decision.

3. The standing body of the People’s Council shall report to the People’s Council on its oversight activities when the People’s Council is in recess.

Article 71.Reporting on oversight results of oversight teams

1. Within 7 days after receiving the oversight team’s report on oversight results, the standing body of the People’s Council shall consider the report in the following order:

a/ The oversight team head presents the report;

b/ A representative of the agency, organization or person subject to oversight invited to the meeting gives opinions;

c/ The standing body of the People’s Council holds discussion.

In the course of discussion, the representative of the oversight team may additionally presents related matters;

d/ The meeting chairperson makes conclusions.

2. The conclusion of the standing body of the People’s Council shall be sent to the agency, organization or person subject to oversight and related agencies and organizations.

3. The standing body of the People’s Council shall monitor the agency, organization or individual subject to oversight in the implementation of proposals.

4. When necessary, the standing body of the People’s Council shall propose the People’s Council to consider the report on oversight results of the oversight team at the nearest session.

Article 72. Explanation at meetings of the standing body of the People’s Council

1. On the basis of the oversight program, the standing body of the People’s Council shall request a member the People’s Committee, the chief justice of the People’s Court or the chief procurator of the People’s Procuracy of the same level to make explanations, and related persons to participate in the explanation, about matters of the concern of the standing body of the People’s Council.

The standing body of the People’s Council shall decide on the organization, contents and plan of explanation and persons to make explanations.

A requested person shall report and make explanations at the request of the standing body of the People’s Council.

People’s Council deputies shall be invited to and give opinions at the explanation session. Related agencies, organizations and persons, specialists and scientists may be invited to and give opinions at the explanation session.

2. The contents and plan of explanation at a meeting of the standing body of the People’s Council shall be notified to the requested person at least 10 days before the explanation session.

3. An explanation session shall be held open unless otherwise decided by the standing body of the People’s Council.

4. An explanation session shall be held in the following order:

a/ The chairperson states contents of the explanation request and the person to make explanations;

b/ Members of the standing body of the People’s Council and People’s Council deputies raise explanation requests;

c/ The explainer makes explanations about the requested matter;

d/ Representatives of agencies and organizations invited to the explanation session give opinions;

dd/ The chairperson summarizes contents of the explanation session and plan the conclusion on the explained matter.

The standing body of the People’s Council shall consider and approve the conclusion on the explained matter. The conclusion shall be approved when it is voted for by more than half of the members of the standing body of the People’s Council.

The conclusion of the standing body of the People’s Council shall be sent to People’s Council deputies, the requested explainer and related agencies and organizations.

5. Related agencies and persons shall implement the conclusion of the standing body of the People’s Council; in case they fail to implement or fully implement it, the standing body of the People’s Council shall report such to the People’s Council for consideration and decision.

Article 73.Oversight of settlement of complaints and denunciations of citizens

1. The standing body of the People’s Council shall oversee the implementation of the law on complaints and denunciations; organize oversight teams or assign Boards of the People’s Council to oversee the settlement of complaints and denunciations in the locality.

2. When detecting acts of violation of law which harm the interests of the State or lawful rights and interests of an organization or individual, the standing body of the People’s Council shall request competent agencies, organizations and persons to take necessary measures to promptly terminate such acts and restore the interests of the State or lawful rights and interests of the affected organization or individual; request a competent agency, organization or person to handle such violations and consider responsibilities of the violators in accordance with law; and, if disagreeing with the settlement of that agency, organization or person, request consideration and settlement by the head of its immediate superior agency or organization.

An agency, organization or individual shall comply with the request of the standing body of the People’s Council and report to the standing body of the People’s Council within 7 days after issuing a settlement decision.

Article 74.Oversight of settlement of petitions of voters

1. The standing body of the People’s Council shall oversee the settlement of petitions of voters and prepare reports on oversight of the settlement of petitions of voters by competent state agencies and submit them to the People’s Council of the same level.

2. The People’s Committee shall report on the result of settlement of petitions of voters.

A Board of the People’s Council shall verify a report of the People’s Committee on the result of settlement of petitions of voters as assigned by the standing body of the People’s Council.

3. The standing body of the People’s Council shall consider a report on the settlement of petitions of voters in the following order:

a/ A representative of the People’s Committee presents the report;

b/ A representative of the verifying agency presents the verification report;

c/ Representatives of agencies, organizations and persons invited to the meeting give opinions;

d/ The standing body of the People’s Council holds discussion.

dd/ The meeting chairperson makes conclusions.

4. The standing body of the People’s Council shall direct the preparation of reports on oversight of the result of settlement of petitions of voters and draft resolutions on settlement of petitions of voters for submission to the People’s Council of the same level.

Article 75.Responsibilities of the standing body of the People’s Council for directing, regulating and coordinating oversight activities

1. To consider and give opinions about oversight programs and contents of Boards of the People’s Council;

2. To request Boards of the People’s Council to adjust their oversight plans to ensure that oversight activities are not overlapping;

3. To assign Boards of the People’s Council to implement some contents of the oversight programs of the People’s Council and its standing body;

4. To quarterly meet with heads and deputy heads of Boards of the People’s Council to coordinate oversight activities and evaluate the situation and results of oversight activities;

5. To summarize oversight results for submission to the People’s Council.

Section 3

OVERSIGHT ACTIVITIES OF BOARDS OF THE PEOPLE’S COUNCIL

Article 76.Oversight activities of Boards of the People’s Council

1. To verify reports as assigned by the People’s Council or its standing body.

2. To oversee decisions of the People’s Committee of the same level and resolutions of the immediate subordinate People’s Council.

3. To conduct specialized oversight.

4. To oversee the settlement of complaints, denunciations and petitions of citizens.

Article 77.Oversight programs of Boards of the People’s Council

1. A Board of the People’s Council shall develop its annual oversight program on the basis of the oversight programs of the People’s Council and the  standing body of the People’s Council and opinions of its members.

2. A Board of the People’s Council shall consider and decide on its annual oversight program at the end of the preceding year. The head of the board shall organize the implementation of the oversight program which may be adjusted when necessary.

Article 78.Verification of reports

1. At least 10 days before the opening of a session of the People’s Council, a Board of the People’s Council shall hold a meeting to verify the reports prescribed in Clause 1, Article 59 of this Law as assigned by the People’s Council or the standing body of the People’s Council.

2. A report prescribed in Clause 1 of this Article shall be verified in the following order:

a/ The head of the reporting agency presents the report;

b/ Representatives of agencies and organizations invited to the meeting give opinions;

c/ The Board of the People’s Council holds discussion;

d/ The head of the reporting agency presents additional explanations;

dd/ The meeting chairperson presents the planned conclusion; the Board of the People’s Council votes when necessary.

3. A verification report of a Board of the People’s Council shall be sent to the People’s Council and its standing body of the same level

Article 79.Oversight of legal documents

1. A Board of the People’s Council shall, within the ambit of its tasks and powers, regularly monitor the issuance of decisions of the People’s Committee of the same level and resolutions of the immediate subordinate People’s Council.

2. When detecting a legal document prescribed in Clause 1 of this Article showing signs of contravening the Constitution, a law, a legal document of a superior state agency or a resolution of the People’s Council of the same level, a Board of the People’s Council may request the promulgating agency to consider, amend, supplement, suspend the implementation of or partially or wholly annul that document.

Within 30 days after receiving a request, the agency promulgating the document shall notify its settlement to the Board of the People’s Council. Past this time limit, if this agency fails to give a reply or its settlement fails to meet requirements, the Board of the People’s Council may propose it to the standing body of the People’s Council for consideration and decision.

Article 80.Specialized oversight by Boards of the People’s Council

1. On the basis of its oversight program or through oversight of the settlement of complaints and denunciations of citizens, the mass media or opinions or petitions of voters, which detect signs of violation of law, or as assigned by the People’s Council or the standing body of the People’s Council, a Board of the People’s Council shall organize its specialized oversight team to conduct specialized oversight.

A decision forming an oversight team must identify the scope, subject, contents and plan of oversight, membership of the oversight team and agency, organization or person subject to oversight.

An oversight team shall be headed by the chairperson or vice chairperson of the Board of the People’s Council and be composed of members of the Board of the People’s Council and some People’s Council deputies. Representatives the Vietnam Fatherland Front Committee and its member organizations may be invited to join activities of the oversight team.

2. An oversight team shall have the following tasks and powers:

a/ To develop reporting outlines to serve the reporting by the agency, organization or person subject to oversight;

b/Within 15 days after the decision forming the oversight team is issued, to notify reporting contents, plan and outlines to the agency, organization or person subject to oversight; to notify the agenda and membership of the oversight team at least 10 days before the team works with that agency, organization or person;

c/ To strictly follow oversight contents and plan;

d/ To request the agency, organization or person subject to oversight to report in writing, provide information and documents relating to oversight contents and explain matters of the team’s concern;

dd/ To consider, verify and invite specialist to provide consultancy on matters the team finds necessary;

e/ When detecting acts of violation of law which harm the interests of the State or lawful rights and interests of an organization or individual, to request concerned agencies, organizations and persons to take necessary measures to promptly terminate such acts, restore the interests of the State or lawful rights and interests of the affected organization or individual; to request competent agencies, organizations and persons to handle such violations and consider responsibilities of the violators in accordance with law;

g/ Within 10 days after completing oversight activities, to report on the oversight result to the Board of the People’s Council.

Article 81.Consideration of reports of Boards of the People’s Council

1. On the basis of the nature and contents of the overseen matter, a Board of the People’s Council shall hold a meeting to consider and discuss the report of the oversight team in the following order:

a/ The oversight team heads presents the report;

b/ A representative of the agency, organization or person subject to oversight invited to the meeting gives opinions;

c/ The Board of the People’s Council holds discussion;

d/ The meeting chairperson makes conclusions; the Board of the People’s Council votes when necessary.

2. The report on oversight results of the Board of the People’s Council must clearly propose necessary measures.

3. The report on oversight results of the Board of the People’s Council shall be sent to the standing body of the People’s Council, the People’s Council and the agency, organization or person subject to oversight.

4. The Board of the People’s Council shall monitor the agency, organization or person subject to oversight in the implementation of oversight proposals.

Article 82.Oversight of the settlement of complaints, denunciations and petitions of citizens

1. A Board of the People’s Council shall oversee the implementation of the law on complaints and denunciations; and organize its oversight team to oversee the settlement of complaints, denunciations and petitions in the locality.

2. When detecting acts of violation of law which harm the interests of the State or lawful rights and interests of an organization or individual, a Board of the People’s Council shall request concerned agencies, organizations and persons to take necessary measures to promptly terminate such acts, restore the interests of the State or lawful rights and interests of the affected organization or individual; request competent agencies, organizations and persons to handle and consider responsibilities of the violators in accordance with law; and, in case of disagreeing with the settlement of those agencies, organizations and persons, request consideration and settlement by the heads of their immediate superior agencies or organizations.

Agencies, organizations and individuals shall implement requests of a Board of the People’s Council and report the implementation to the latter within 10 days after the settlement decision is issued.

Section 4

OVERSIGHT ACTIVITIES OF PEOPLE’S COUNCIL DEPUTIES AND GROUPS OF PEOPLE’S COUNCIL DEPUTIES

Article 83.Oversight activities of People’s Council deputies and groups of People’s Council deputies

1. A People’s Council deputy shall conduct oversight through the following activities:

a/ To question the persons prescribed at Point dd, Clause 1, Article 5 of this Law;

b/ To oversee decisions of the People’s Committee of the same level and resolutions of the immediate subordinate People’s Council;

c/ To oversee the law enforcement in the locality;

d/ To oversee the settlement of complaints, denunciations and petitions of citizens.

2. A group of provincial- or district-level People’s Council deputies shall oversee the observance of the Constitution, laws, legal documents of superior state agencies and resolutions of the People’s Council of the same level in the locality or matters assigned by People’s Council or its standing body; and organize oversight activities of People’s Council deputies.

Article 50.Questioning by People’s Council deputies

1. A People’s Council deputy may directly question at a session of the People’s Council or a meeting of the standing body of the People’s Council, or send written questions to, the persons prescribed at Point dd, Clause 1, Article 5 of this Law.

2. The questions must be specific and clear, have grounds and be related to the tasks, powers and responsibilities of the questioned person.

3. The order and procedures of questioning by People’s Council deputies at a session of the People’s Council or meeting of the standing body of the People’s Council must comply with Articles 60 and 69 of this Law and the regulation on operation of People’s Councils and People’s Council deputies.

Article 85.Oversight of legal documents

1. A People’s Council deputy shall study and examine contents of decisions of the People’s Committee of the same level and resolutions of immediate subordinate People’s Councils.

2. When detecting that a legal document shows signs of contravening the Constitution, a law, a legal document of a superior state agency or a resolution of the People’s Council of the same level, a People’s Council deputy may propose a competent agency, organization or person to amend, supplement, suspend the implementation of, or partially or wholly annul that document.

Article 86.Oversight of the law enforcement in localities

1. A People’s Council deputy shall regularly monitor and consider the law enforcement in the locality.

2. A group of People’s Council deputies shall organize oversight by People’s Council deputies of the law enforcement in the locality of their constituency.

3. A group of People’s Council deputies shall have the following tasks and powers:

a/ To notify oversight contents and plan to the agency, organization or person subject to oversight at least 7 days before commencing oversight activities;

b/ To invite representatives of related agencies, organizations and persons to participate in the oversight.

4. When conducting oversight, a People’s Council deputy shall have the following tasks and powers:

a/ To strictly follow the oversight contents and plan;

b/ When detecting acts of violation of law which harm the interests of the State or lawful rights and interests of an organization or individual, to request concerned agencies, organizations and persons to take necessary measures to promptly terminate such acts and restore the interests of the State or lawful rights and interests of the affected organization or individual; in case those agencies, organizations and persons fail to do so or the People’s Council deputy disagrees with their settlement, to request consideration and settlement by the heads of their immediate superior agencies or organizations;

c/ Within 10 days after completing oversight activities, to report on oversight results to the standing body of the People’s Council of the same level.

Article 87.Oversight of the settlement of complaints, denunciations and petitions of citizens

1. When receiving a citizen’s complaint, denunciation or petition, a People’s Council deputy shall study and promptly forward it to a competent agency, organization or person for consideration and settlement; monitor and urge the settlement and notify such to the person making the complaint, denunciation or petition.

2. Within the time limit prescribed by law, a competent agency, organization or person shall consider and settle a complaint, denunciation or petition and notify in writing the settlement result to the People’s Council deputy. In case of disagreeing with the settlement, the People’s Council deputy may meet a competent person or the head of the immediate superior agency or organization of the competent person to request the settlement or report such to a competent agency or consideration and handling according to its competence.

Chapter IV

ASSURANCE OF OVERSIGHT ACTIVITIES

Article 88.Assurance of implementation of oversight activities

1. The National Assembly, the Standing Committee of the National Assembly, the Ethnic Council, Committees of the National Assembly, National Assembly deputies’ delegations, National Assembly deputies, People’s Councils, standing bodies of the People’s Councils, Boards of People’s Councils, groups of People’s Council deputies and People’s Council deputies shall implement oversight programs and plans.

A National Assembly deputy or People’s Council deputy shall participate in all activities of the oversight team of which he/she is a member.

2. When necessary, overseeing subjects may collect opinions or solicit expertise in accordance with law.

3. Related organizations and persons and specialists shall participate in oversight activities according to oversight requirements and plans.

Related agencies, organizations and persons shall provide information and documents to overseeing subjects and take responsibility for the accuracy and truthfulness of these information and documents.

4. Agencies, organizations and persons subject to oversight shall exercise the rights and perform the responsibilities prescribed in Articles 7 and 8 of this Law.

5. Mass media agencies may access to and cover information on oversight activities in accordance with law.

Article 89.Assurance of implementation of oversight conclusions and proposals

1. Oversight programs and plans, reports on oversight results, resolutions on oversight, oversight conclusions and proposals and results of implementation of oversight conclusions and proposals shall be published on the portals of agencies conducting oversight or in the mass media, except in case of assurance of state secrets as prescribed by law.

2. An oversight resolution of the National Assembly, the Standing Committee of the National Assembly or the People’s Council shall be compulsorily implemented.

3. The Standing Committee of the National Assembly, the Ethnic Council, Committees of the National Assembly, National Assembly deputies’ delegations, National Assembly deputies, standing bodies of the People’s Councils, Boards of the People’s Councils, groups of People’s Council deputies and People’s Council deputies shall regularly monitor and urge the implementation of oversight resolutions, conclusions and proposals and shall handle according to their competence or propose competent agencies to handle, agencies, organizations and persons subject to oversight in case they fail to do so or their implementation fails to meet the requirements under oversight resolutions, conclusions or proposals.

Article 90.Assurance of funds and organization of service for oversight activities of the National Assembly and People’s Councils

1. The funds for oversight activities of the National Assembly, the Standing Committee of the National Assembly, the Ethnic Council, Committees of the National Assembly, National Assembly deputies’ delegations, National Assembly deputies, People’s Councils, standing bodies of the People’s Councils, Boards of the People’s Councils, groups of People’s Council deputies and People’s Council deputies shall be provided by the state budget.

2. Within the ambit of their tasks and powers, the Office of the National Assembly, the Offices of National Assembly deputies’ delegations, the Offices of provincial-level People’s Councils, the Offices of district-level People’s Councils and People’s Committees and assistant apparatuses of commune-level People’s Councils shall ensure physical foundations and serve oversight activities of the National Assembly, the Standing Committee of the National Assembly, the Ethnic Council, Committees of the National Assembly, National Assembly deputies’ delegations, National Assembly deputies, People’s Councils, standing bodies of the People’s Councils, Boards of the People’s Councils, groups of People’s Council deputies and People’s Council deputies.

3. Related agencies, organizations and persons shall, within the ambit of their tasks and powers, meet requirements for serving oversight activities and facilitate oversight activities of the National Assembly, the Standing Committee of the National Assembly, the Ethnic Council, Committees of the National Assembly, National Assembly deputies’ delegations, National Assembly deputies, People’s Councils, standing bodies of the People’s Councils, Boards of the People’s Councils, groups of People’s Council deputies and People’s Council deputies.

Chapter V

IMPLEMENTATION PROVISIONS

Article 91.Effect

1. This Law takes effect on July 1, 2016.

2. Law No. 05/2003/QH11 on Oversight Activities of the National Assembly ceases to be effective on the effective date of this Law.

This Law was passed on November 20, 2015, by the XIII^thNational Assembly of the Socialist Republic of Vietnam at its 10^thsession.-

Chairperson of the National Assembly
NGUYEN SINH HUNG