On the morning of November 29, at the National Assembly House, continuing the 8th Session, under the chairmanship of National Assembly Chairman Tran Thanh Man, the National Assembly discussed in the hall the draft Law amending and supplementing a number of articles of the Law on Supervisory Activities of the National Assembly and People's Councils.
Participating in giving comments, National Assembly Delegate Cam Thi Man (National Assembly Delegation of Thanh Hoa Province) highly agreed with the necessity of promulgating a Law amending and supplementing a number of articles of the Law on Supervisory Activities of the National Assembly and People's Councils with political, legal and practical bases as stated in the Submission of the National Assembly Standing Committee and the report of the inspection agency.
To contribute to the completion of the Law project, National Assembly Deputy Cam Thi Man participated in a number of issues, including: The content of the draft Law closely followed the 5 policies approved by the National Assembly at the 7th Session of the 15th National Assembly; resolving the limitations and shortcomings of the current Law on Supervision Activities of the National Assembly and People's Councils identified through the summary of 7 years of implementing the Law, the results of research and development of the Project of the National Assembly Party Delegation on continuing to innovate and improve the quality and effectiveness of the National Assembly's supervision activities... At the same time, the delegate also highly appreciated the drafting agency for carefully studying, maximally absorbing the comments of the agencies and basically explaining the comments.
However, in order for the draft Law to be promulgated to meet practical requirements, National Assembly Deputy Cam Thi Man suggested that the drafting agency continue to review the functions and tasks of the National Assembly and People's Councils, especially regarding supervisory authority, to amend and supplement the provisions in the draft Law to ensure consistency between the content of this draft Law and other provisions of the current Law on Supervisory Activities of the National Assembly and People's Councils; consistent with the Constitution and the relevant legal system.
Studying a number of documents related to the drafting of resolutions of the National Assembly Standing Committee guiding the supervision of legal documents, activities of explanation at meetings of the National Assembly's Ethnic Council, Committees and a number of seminars to collect opinions on these draft resolutions, National Assembly Deputy Cam Thi Man proposed to consider the content of "activities of explanation at meetings of the National Assembly's Ethnic Council, Committees and explanation at meetings of the People's Council".
According to the provisions of Clause 5, Article 43 and Clause 4, Article 72 of the current Law on Supervisory Activities, the conclusion on the explained issue is passed at the Explanation Session. However, the practice of some explanation sessions of the National Assembly agencies shows that the conclusion on the explained issue is a difficult issue, which needs to closely follow the developments of the explanation session, therefore, it takes time for the Standing Committees of the Committees to prepare, difficult issues need to seek opinions from agencies to ensure accuracy and create consensus on the contents of the Conclusion (similar to the resolution of the National Assembly Standing Committee on questioning activities). In fact, when drafting the Resolution guiding the explanation activities at the meeting of the Ethnic Council, the National Assembly Committee also had a number of agencies with opinions on this issue, but because the Law on Supervisory Activities specifically stipulates that the conclusion on the explained issue is passed at the Explanation Session, it is impossible to provide illegal guidance.
Therefore, it is recommended that the Drafting Agency study and amend the provisions in Clause 5, Article 43 and Clause 4, Article 72 in a flexible manner, not necessarily having to be approved at the Explanation Session, it is possible to ask for opinions from members of the Ethnic Council, Committees of the National Assembly, members of the Standing Committee of the People's Council in writing and still ensure the principle of the conclusion being approved when more than half of the total number of members of the Ethnic Council, Committees of the National Assembly, members of the Standing Committee of the People's Council agree.
Regarding the supervision of the settlement of complaints and denunciations (Point a, Clause 20, Article 1 of the draft Law amending and supplementing Clause 1, Article 30 of the Law on Administrative Procedures). Accordingly, in addition to the reports of the Government, the Supreme People's Court, and the Supreme People's Procuracy on the settlement of complaints and denunciations according to the current Law, the draft Law adds a report of the State Audit on the settlement of complaints and denunciations. The addition of this report is necessary, however, according to the provisions of the current Law on Supervisory Activities, the above addition is not really consistent with the provisions on the review of reports of the National Assembly and the National Assembly Standing Committee, specifically as follows: Clause 1, Article 24 of the current Law stipulates: “During the period between two sessions of the National Assembly, the National Assembly Standing Committee shall review the work reports of the Government, the Supreme People's Court, the Supreme People's Procuracy, the State Audit, other agencies established by the National Assembly and other reports prescribed in Clause 1, Article 13 of this Law as assigned by the National Assembly or when deemed necessary”.
At Point c, Clause 1, Article 13 of the current Law stipulates: “c) ...; Reports of the Government, the Supreme People's Court, and the Supreme People's Procuracy on the settlement of complaints and denunciations;...”
Thus, according to the provisions of Clause 1, Article 24 and Clause 1, Article 13 of the current Law, there is no report of the State Audit on the settlement of complaints and denunciations. Therefore, to ensure consistency and conformity between the provisions of the Law on Supervision Activities, the delegate proposed to add provisions on the National Assembly and the National Assembly Standing Committee reviewing the report of the State Audit on the settlement of complaints and denunciations in Clause 1, Article 24, Point c, Clause 1, Article 13 and amend and supplement Clause 1, Article 30.
Quoc Huong
Source: https://baothanhhoa.vn/dbqh-cam-thi-man-doan-dbqh-tinh-thanh-hoa-tham-gia-gop-y-ve-du-an-luat-sua-doi-bo-sung-mot-so-dieu-cua-luat-hoat-dong-giam-sat-cua-quoc-hoi-va-hdnd-231847.htm
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