Draft Law on Supervisory Activities of the National Assembly and People's Councils (amended): Strengthening the multi-layered, complementary supervisory mechanism

Commenting on the draft Law on Supervisory Activities of the National Assembly and People's Councils (amended), delegates proposed that the responsibility should be assigned to the National Assembly Delegation to supervise the settlement of voters' petitions under the jurisdiction of the locality, instead of stipulating that the National Assembly Delegation coordinates with the Standing Committee of the People's Council as in the draft law. Assigning responsibility to the National Assembly Delegation will create a complementary, enhanced and multi-layered supervision mechanism.

Assign the National Assembly Delegation to supervise the settlement of voters' petitions under the jurisdiction of the locality.

The draft Law on Supervision Activities of the National Assembly and People's Councils (amended) stipulates that the Standing Committee of the Provincial People's Council supervises the settlement of voters' opinions and recommendations under local authority. At the same time, the National Assembly Delegation proactively coordinates with the Standing Committee of the People's Council to monitor and evaluate the settlement of voters' recommendations by competent local agencies and report to voters.

National Assembly Deputy Thai Thi An Chung ( Nghe An ) said that the Standing Committee of the People's Council has an important role and responsibility in supervising voters' petitions in the locality. However, it is necessary to regulate the National Assembly Delegation's supervisory authority over the settlement of voters' petitions by competent authorities in the locality, especially at the provincial level. This is not an overlap, but a complementary, enhanced and multi-layered supervisory mechanism, creating a more complete and strict supervisory system.

National Assembly Delegate Thai Thi An Chung (Nghe An) speaks

According to the delegate, many of the voters' recommendations, although arising in a specific locality, reflect general shortcomings in policies and laws across the country. While the Standing Committee of the People's Council supervises mainly focusing on resolving cases in accordance with procedures and authority, the National Assembly Delegation will look at the problem in the direction of identifying loopholes and inconsistencies in the law to propose amendments and supplements to policies and laws.

“Thus, the supervision of the National Assembly Delegation not only helps to completely resolve local issues but is also an important information channel serving law-making activities,” delegate Thai Thi An Chung emphasized.

Furthermore, National Assembly deputies represent voters and their will and aspirations. Through contact with voters, it is clear that voters expect their opinions and recommendations to be forwarded to competent authorities and want National Assembly deputies to supervise the handling of those opinions and recommendations.

Delegates attending the conference

With that reasoning, delegate Thai Thi An Chung said that the National Assembly delegation's participation in monitoring voters' petitions shows that voters' voices are not only listened to at the local level, but also paid attention to at the central level, or have an additional channel to trust. This strongly affirms the nature of our State as a State of the people, by the people, for the people, always having a mechanism to check, monitor, and ensure the legitimate and legal rights of the people.

The delegate also pointed out that the regulation that the Standing Committee of the People's Council supervises the settlement of voters' petitions under local authority and the National Assembly Delegation coordinates may give rise to some shortcomings.

For example, we are currently implementing decentralization and delegation of power, many mechanisms and policies are assigned to the Provincial People's Council to issue. If the voters' recommendations are related to the People's Council's authority, then assigning the Standing Committee of the People's Council to supervise is not appropriate (?).

Therefore, the delegate proposed to add to Clause 1, Article 23 of the draft law the provision: "Assigning responsibility to the National Assembly Delegation to supervise the settlement of voters' petitions under the jurisdiction of the locality". "This proposal aims to supplement effective methods and tools for the National Assembly Delegation and National Assembly Deputies to better perform their roles and responsibilities as National Assembly Deputies in monitoring and supervising the settlement of voters' legitimate petitions", said delegate Thai Thi An Chung.

Clearly define the methods and ways of exercising the supervisory rights of National Assembly deputies.

Clause 2, Article 25 of the draft Law stipulates: “The National Assembly deputies decide and organize the implementation of their annual supervision program; if necessary due to practical requirements, they decide to adjust the supervision program. The National Assembly deputies are responsible for notifying the National Assembly delegation about their supervision program.”

National Assembly Deputy Nguyen Minh Tam ( Quang Tri ) said that according to the above regulations, each National Assembly Deputy must develop his own annual supervision program. Meanwhile, the supervision activities of National Assembly Deputy are mainly carried out according to the supervision programs of the National Assembly, the National Assembly Standing Committee, the Nationality Council, the National Assembly Committees and the National Assembly Delegation of which the Deputy is a member, and very rarely does he issue a personal supervision program.

National Assembly Delegate Nguyen Minh Tam (Quang Tri) speaks

Therefore, to be consistent with reality, delegate Nguyen Minh Tam proposed to stipulate in the direction: "National Assembly deputies shall carry out supervisory activities according to the supervisory program of the National Assembly, the National Assembly Standing Committee, the supervisory program of the National Assembly Council, the National Assembly Committees and the supervisory program of the National Assembly Delegation of which the deputy is a member. In case of necessity, the National Assembly deputies shall issue their supervisory program and notify the National Assembly Delegation".

Emphasizing that Articles 25 and 26 of the draft Law stipulate the authority and supervisory activities of National Assembly deputies, and the authority of National Assembly deputies in reviewing supervisory results, however, National Assembly deputy Nguyen Minh Duc (Ho Chi Minh City) noted that it is necessary to clarify the methods, forms, and ways of exercising the rights of National Assembly deputies.

National Assembly Delegate Nguyen Minh Duc (Ho Chi Minh City) speaks

According to the delegate, the demands and requests of voters are very large. For example, when receiving requests and recommendations from voters, the National Assembly Delegate will have two ballots, one ballot to reply to voters with a notice of receipt of opinions and recommendations; one ballot to send to the subject under supervision responsible for responding to voters' opinions and recommendations. However, it is not clear whether the subject under supervision has received or not received, responded or not responded to voters' opinions and recommendations (?).

Although Article 7 of the current Law on Supervisory Activities of the National Assembly and People's Councils clearly stipulates the responsibility of the supervised entity to respond, in reality there are cases where it is not implemented, or is not implemented thoroughly, so the legal effect is unclear.

Conference scene

Therefore, delegate Nguyen Minh Duc suggested that relevant laws such as the Law on Government Organization, the law on cadres and civil servants should have mandatory provisions, in agreement with the Law on Supervision Activities of the National Assembly and People's Councils on legal consequences if the recommendations of the National Assembly, the National Assembly Standing Committee, and the National Assembly Delegation are not implemented. Only then will the supervision results achieve the desired goals.

Source: https://daibieunhandan.vn/du-thao-luat-hoat-dong-giam-sat-cua-quoc-hoi-va-hoi-dong-nhan-dan-sua-doi-tang-cuong-co-che-giam-sat-bo-tro-da-tang-lop-10388626.html