Pháp lệnh giám sát và hướng dẫn của Uỷ ban Thường vụ Quốc hội, hướng dẫn và kiểm tra của Chính phủ đối với Hội đồng nhân dân năm 1996

ORDINANCE

 ON THE SUPERVISION AND GUIDANCE BY THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY, THE GUIDANCE AND INSPECTION BY THE GOVERNMENT OVER THE PEOPLE'S COUNCILS

Pursuant to Articles 91 and 112 of the 1992 Constitution of the Socialist Republic of Vietnam;Pursuant to Article 8 of the Law on Organization of the People's Councils and People's Committees (amended);Pursuant to the Resolution of the IXth National Assembly, 8th Session, on the legislative work from now to the end of its tenure;This Ordinance provides for the supervision and guidance by the Standing Committee of the National Assembly over the activities of the People's Councils, and for the guidance and inspection by the Government over the activities of the People's Councils in the implementation of the legal documents issued by the higher State agencies,

Chapter I

GENERAL PROVISIONS

Article 1.- The Standing Committee of the National Assembly supervises the activities of the People's Councils in order to ensure that the People's Councils perform their tasks and excercise their powers in accordance with the Constitution and the law, thus raising the efficiency of the activities of the State organs of power in the localities.

Article 2.- The Standing Committee of the National Assembly provides guidance in the organization of the People's Councils' sessions, and in the activities of the People's Councils' Standing Committees and of their committees and members.

Article 3.- The Government guides the People's Councils in implementing the legal documents of the higher State agencies and create favorable conditions for the People's Councils to perform their tasks and excercise their powers in conformity with the provisions of the Constitution and the law.

Article 4.- The Government inspects the People's Councils in the implementation of the Constitution, the law and the legal documents of the higher State agencies, in order to ensure the unified management by the Central Government and promote the initiative and creativity of the localities.

Article 5.- The Standing Committee of the National Assembly and the Government shall coordinate their activities of supervision, guidance and inspection over the People's Councils.

The Standing Committee of the National Assembly shall base itself on the participation of the Vietnam Fatherland Front to supervise the activities of the People's Councils.

The Government shall coordinate with the Vietnam Fatherland Front in inspecting the People's Councils' implementation of the legal documents of the higher State agencies.

Article 6.- The People's Councils shall perform their tasks and exercise their powers in accordance with the Constitution and the law and are subject to the supervision and guidance of the Standing Committee of the National Assembly and the guidance and inspection of the Government as stipulated in this Ordinance.

Chapter II

SUPERVISION AND GUIDANCE BY THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY OVER THE ACTIVITIES OF THE PEOPLE'S COUNCILS

Section 1. THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY SUPERVISES THE ACTIVITIES OF THE PEOPLE'S COUNCILS

Article 7.- The Standing Committee of the National Assembly supervises the People's Councils' sessions, the promulgation of their resolutions, the activities of the People's Councils' Standing Committees and of their committees and members.

Article 8.- The Standing Committee of the National Assembly supervises the activities of the People's Councils in the following forms:

1. Examining the resolutions and reports of the People's Councils;

2. Attending the sessions of the People's Councils;

3. Requesting the Chairmen of the People's Councils at different levels to report on the issues of its concern;

4. Examining the settlement of complaints, denunciations and petitions of organizations and individuals with regard to the activities of the People's Councils and their members.

Article 9.- The Ethnic Council and the Commissions of the National Assembly supervise the activities of the People's Councils in areas of their jurisdiction, and perform other supervisory tasks assigned by the Standing Committee of the National Assembly.

Article 10.- The Standing Committee of the National Assembly shall by itself or at the proposals of the Prime Minister, the Chairman of the Supreme People's Procuracy, the Ethnic Council or the Commissions of the National Assembly or deputies to the National Assembly shall consider and decide to annul or amend the wrong resolutions of the People's Councils of the provinces or cities directly under the Central Government.

Article 11.- The Standing Committee of the National Assembly shall issue the resolution on the dissolution of a People's Council of a province or city directly under the Central Government in case the activities of such People's Council cause serious damage to the people's interests.

The Standing Committee of the National Assembly shall consult the Government in ratifying the resolutions of the People's Councils of the provinces or cities directly under the Central Government on the dissolution of the People's Councils of districts, towns or provincial cities.

Article 12.- In case the People's Council in a locality is dissolved, the Standing Committee of the National Assembly shall set and announce the date for the election to the new People's Council of that locality; the Prime Minister shall appoint a provisional People's Committee of the province or city directly under the Central Government; the President of the immediate higher People's Committee shall appoint the provisional People's Committee of the lower level; the provisional People's Committees shall take over the work until the new People's Councils and new People's Committees are elected.

Section 2. THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY GUIDES THE ACTIVITIES OF THE PEOPLE'S COUNCILS

Article 13.- The Standing Committee of the National Assembly shall provide guidance on the holding of the People's Councils' sessions.

Article 14.- The Standing Committee of the National Assembly shall provide guidance for the People's Councils in the following activities:

1. Supervising the activities of the Standing Committees of the People's Councils, the People's Committees, the People's Courts and the People's Procuracies of the same level;

2. Commenting on the draft laws and ordinances;

3. Reviewing the activities of the People's Councils of different levels.

Article 15.- The Standing Committee of the National Assembly shall provide guidance for the Standing Committees of the People's Councils of the provinces or cities directly under the Central Government, districts, towns or provincial cities on performing the following tasks and exercising the following powers:

1. Coordinating with the People's Committees in preparing the agendas for the People's Councils' sessions;

2. Inspecting the implementation of the People's Council's resolutions by the People's Committees of the same level and other State agencies in the locality;

3. Regulating and coordinating the activities of various committees of the People's Councils;

4. Coordinating with the People's Committees in deciding to report to the People's Councils or the electorate the dismissal of People's Councils' members who have made mistakes, at the proposal of the Fatherland Front Committee of the same level;

5. Performing other tasks and exercising other powers as provided for by law.

Article 16.- The Standing Committee of the National Assembly provides guidance for the Chairmen of the People's Councils of communes, precincts or townships in performing the following tasks and exercising the following powers:

1. Coordinating with the People's Committees in preparing the agendas for the People's Councils' sessions;

2. Inspecting the implementation of the People's Councils' resolutions;

3. Coordinating with the People's Committees in deciding to report to the People's Councils or the electorate the dismissal of People's Councils' members who have made mistakes, at the proposal of the Fatherland Front Committee of the same level;

4. Performing other tasks and exercising other powers as provided for by law.

Article 17.- The Standing Committee of the National Assembly provides guidance for the committees of the People's Councils in performing the following tasks and exercising the following powers:

1.- Examining the reports and projects submitted to the People's Councils for consideration;

2. Assisting the People's Councils to perform their supervisory function in accordance with law;

3. Performing other tasks and exercising other powers in accordance with law.

Article 18.- The Standing Committee of the National Assembly guides the members of the People's Councils to perform the following tasks and exercising the following powers:

1. Contacting the local electorate to collect their opinions, desiderata and proposals, and briefing them on the results of the People's Councils' sessions; disseminating and explaining the resolutions of the People's Councils; popularizing and encouraging people to abide by law;

2. Excercising the right to question the State agencies, economic organizations, social organizations, people's armed force units, and urge them to abide by law and terminate their illegal acts;

3. Performing other tasks and exercising other powers in accordance with law.

Chapter III

GUIDANCE AND INSPECTION BY THE GOVERNMENT OVER THE PEOPLE'S COUNCILS' IMPLEMENTATION OF LEGAL DOCUMENTS OF THE HIGHER STATE AGENCIES

SECTION 1. THE GOVERNMENT GUIDES THE PEOPLE'S COUNCILS IN IMPLEMENTING THE LEGAL DOCUMENTS OF THE HIGHER STATE AGENCIES

Article 19.- The Government issues documents providing guidance for the People's Councils in implementing the laws and resolutions of the National Assembly, ordinances and resolutions of the Standing Committee of the National Assembly, and orders and decisions of the President of the State.

Article 20.- Basing itself on the resolutions of the National Assembly, the Government shall guide the People's Councils in considering and deciding socio-economic development plans, drafting the budget and ratifying the budget statements, ensuring security, defense and social order and safety in the localities.

Article 21.- The Government provides guidance for the People's Councils of the provinces or cities directly under the Central Government in implementing the resolutions and decrees of the Government, decisions and directives of the Prime Minister concerning the activities of the local administrations.

Article 22.- The Government organizes courses on policies, legislation and State management for members of the People's Councils of provinces or cities directly under the Central Government; provides guidance on the organization of such courses for members of the People's Councils of districts, towns, provincial cities, communes, precincts and townships.

Article 23.- The Government guides the People's Councils in implementing the regulations on the organization and staffing of the assisting apparatuses; on the salaries for the posts in the People's Council Standing Committees and the committees of the People's Councils; and the allowances for the People's Council members.

Section 2. THE GOVERNMENT INSPECTS THE PEOPLE'S COUNCILS IN THE IMPLEMENTIION OF LEGAL DOCUMENTS OF THE HIGHER STATE AGENCIES

Article 24.- The Government inspects the resolutions of the People's Councils on the implementation of the Constitution, laws and resolutions of the National Assembly, ordinances and resolutions of the Standing Committee of the National Assembly, orders and decisions of the President of the State , resolutions and decrees of the Government, decisions and directives of the Prime Minister.

Article 25.- On the basis of the Constitution, laws and ordinances of the National Assembly, ordinances and resolutions of the Standing Committee of the National Assembly, orders and decisions of the President of the State and legal documents of the Government and the Prime Minister, the Ministers, the Heads of the ministerial-level agencies, the Heads of the agencies attached to the Government shall issue decisions, directives or circulars, and inspect the implementation of such documents by all branches, localities and grassroots units.

The Ministers and the Heads of the ministerial-level agencies are entitled to petition the Prime Minister to suspend the implementation of the resolutions of the People's Councils of the provinces or cities directly under the Central Government which are contrary to the legal documents issued by the State or the Ministries, ministerial-level Agencies in the fields under their management.

Article 26.- The Government inspects the People's Councils in the implementation of legal documents of the higher State agencies in the following forms:

1. Examining the resolutions and reports of the People's Councils;

2. Attending the People's Councils' sessions;

3. Requesting the Chairmen of the People's Councils at different levels to report on the issues of the Government's concern;

4. Examining the settlement of complaints, denunciations and proposals of organizations and individuals as well as the reports on the mass media regarding activities of the People's Councils and their members.

Article 27.- The Government shall inspect the resolutions of the People's Councils concerning the implementation of the State guidelines and policies in such fields as socio-economic development, budget, security, defense, and social order and safety in the localities.

Article 28.- The Government shall set up inspection teams to examine the People's Councils' implementation of legal documents of the higher State agencies. In case the inspection teams find out something wrong in the resolutions of the People's Councils, they shall report this to the Prime Minister and petition the People's Councils to revise these resolutions. The People's Councils shall have to study such proposals.

Article 29.- The Prime Minister shall suspend the wrong decisions of the People's Councils of the provinces or cities directly under the Central Government, and at the same time propose the Standing Committee of the National Assembly to annul or amend those decisions.

Chapter IV

RELATIONS BETWEEN THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY AND THE GOVERNMENT IN THE SUPERVISION, GUIDANCE AND INSPECTION OVER THE PEOPLE'S COUNCILS

Article 30.- The Standing Committee of the National Assembly shall coordinate with the Government in organizing conferences on activities of the People's Councils and deciding measures to raise the efficiency of the activities of the People's Councils.

Article 31.- The Government shall organize meetings of the Chairmen of the People's Councils and the Presidents of the People's Committees of the provinces or cities directly under the Central Government in order to provide guidance on the deployment and implementation of the resolutions of the National Assembly on socio-economic development plans and other resolutions of the National Assembly in case of necessity.

Article 32.- The Standing Committee of the National Assembly may invite representatives of the Government and the Vietnam Fatherland Front to participate in its supervisory activities regarding the People's Councils. The Prime Minister may invite representatives of the Standing Committee of the National Assembly and the Vietnam Fatherland Front to participate in its inspectory activities regarding the People's Councils.

Chapter V

IMPLEMENTATION PROVISIONS

Article 33.- This Ordinance takes effect from the date of its promulgation.

The earlier provisions which are contrary to this Ordinance are now annulled.

The Government guides the implementation of this Ordinance.

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