📋 Tender Overview
Plenary session at the Hall on the morning of October 24, the National Assembly listened to the Report explaining, receiving and revising the draft Law on Supervision Activities of the National Assembly and Peoples Councils (amended). Chairman of the Peoples Prayer and Supervision Committee Duong Thanh Binh presented a summary report explaining, receiving and revising the draft Law. Report explaining, receiving and revising the draft Law, Chairman of the Peoples Prayer and Supervision Committee Duong Thanh Binh said that regarding the scope of amendments and the name of the Law, many opinions suggested studying and expanding the scope of the draft Law to comprehensively amend and supplement, thoroughly overcome problems and inadequacies caused by the provisions of the law, and complete goodwill legal basis, improving the effectiveness of supervision activities of the National Assembly and the Peoples Council (Peoples Council). Receiving comments from National Assembly delegates, the National Assembly Standing Committee (UBTVQH) has directed a thorough review, revision, and completion of the draft Law to be consistent with the new provisions of the Constitution and laws on organization and state apparatus passed by the National Assembly at the 9th Session. Seriously implement Conclusion No. 119-KL/TW and Resolution No. 66-NQ/TW of the Ministry Politically, the draft Law only stipulates major, principled, and stable contents that fall under the regulatory authority of the National Assembly; omit specific regulations on the order and procedures for conducting supervision activities... and assign the National Assembly Standing Committee to make detailed regulations. To date, the draft Law is arranged in 5 chapters, 45 articles, a reduction of 46 articles compared to the current Law (of which, 55 articles have been removed, 36 articles have been inherited and amended, and 9 new articles have been added). Based on the contents of the Law project and the number of articles of law to be omitted, amended, and supplemented, the National Assembly Standing Committee has adjusted the scope of amendments to the Law to comprehensively amend the current Law on Supervision and change its name to the Law on Supervision Activities of the National Assembly and Peoples Council (amended). Regarding the concept of supervision and the subject of supervision (Article 2), some opinions suggest studying and amending the concept of supervision in Clause 1, Article 2 of the current Law to determine more clearly the nature and purpose The purpose and subject are subject to the supervision of the National Assembly and the Peoples Council. Receiving comments from the National Assembly, the National Assembly Standing Committee has revised the concept of supervision in Clause 1, Article 2 of the draft Law in the direction of: Supplementing and clarifying the nature of the supervision activities of the National Assembly and the Peoples Council as a method of controlling state power. Supplementing and clarifying the objectives of supervision activities are: Contributing to perfecting policies and laws, deciding on important issues of the country and localities, ensuring discipline and order, improving the operational efficiency of the state apparatus. Regarding the supervisory authority of the National Assembly and the Peoples Council (Articles 13, 16, 19, 22, 25, 27, 30, 33, 36 and 37), some opinions suggest research and amendments to clearly define the supreme supervisory authority of the National Assembly, the supervision of the National Assembly Standing Committee, the Nationalities Council, and the National Assemblys Committees regularly and centrally over state agencies in China. care; Only supervise local state agencies in cases where it is absolutely necessary to avoid duplication with the supervision activities of the Peoples Council. UBTVQH believes that Article 4 of the current Law on Supervision has provisions for general provisions on the authority of subjects without clearly defining the subjects subject to supervision and the scope of supervision, leading to many inadequacies and duplication in implementation practices, reducing the effectiveness of supervision. To overcome this limitation, and at the same time implement the policy of strengthening decentralization and decentralization of powers and receiving opinions from National Assembly delegates, the draft Law was revised in the direction of: Removing the content of general regulations, and clearly defining the authority of each supervisory subject in Articles 13, 16, 19, 22, 25, 27, 30, 33, 36 and 37 of the draft Law. It is determined that: The National Assembly, the National Assembly Standing Committee, the Nationalities Council, and the National Assembly Committee regularly supervise activities and legal documents of central competent agencies, organizations, and individuals. The Peoples Council, the Standing Committee of the Peoples Council, and the Committee of the Provincial Peoples Council regularly supervise the activities and legal documents of competent agencies, organizations, and individuals at the provincial level; The Peoples Council, the Standing Committee of the Peoples Council, and the Committee of the Peoples Council at the commune level supervise the activities and legal documents of competent agencies, organizations, and individuals at the commune level. In case of necessity due to practical requirements, the National Assembly, the National Assembly Standing Committee, and National Assembly agencies shall supervise the activities of other subjects at the Central and local levels; The Peoples Council and agencies of the Provincial Peoples Council conduct supervision of other local subjects (this regulation continues to inherit Clause 2, Article 4 of the current Supervision Law and does not remove the National Assemblys supervision authority over local agencies, organizations and individuals). Regarding supplementing the activities of
