1. THE SIXTH INTERNATIONAL SEMINAR FOR PARLIAMENT RESEARCH SERVICE
LEGISLATIVE-EXECUTIVE RELATION, LEGISLATIVE CONTROL OF EXECUTIVE ACTIVITIES
THE SIXTH INTERNATIONAL SEMINAR FOR PARLIAMENT RESEARCH SERVICE
SEOUL, NOVEMBER 2015
By Mr. Dang Minh Dao
Acting Director of the Legislative Scientific Information Center
of the Vietnam Institute for Legislative Study
under the National Assembly Standing Committee

2. NEW NATIONAL ASSEMBLY BUILDING OF VIETNAM

3. CHAPTER V. THE NATIONAL ASSEMBLY
THE CONSTITUTION OF VIETNAM WAS APPROVED BY THE NATIONAL ASSEMBLY OF THE SOCIALIST REPUBLIC OF VIETNAM ON 28 NOVEMBER 2013
CHAPTER V. THE NATIONAL ASSEMBLY
Article 69
The National Assembly is the highest representative body of the People and the highest body of State power of the Socialist Republic of Vietnam. The National Assembly exercises constitutional and legislative powers, decides significant national affairs and exercises supreme control over all activities of the State.

4. Article 70
The National Assembly has the following duties and powers:
To draw up and amend the Constitution; to make and amend laws;
To exercise supreme control over conformity to the Constitution, the law and the resolutions of the National Assembly; to examine the reports of the State President, the Standing Committee of the National Assembly, the Government, ……etc (bodies created by the National Assembly);
To decide on the major objectives, targets, policies and duties of national socio-economic development.
To decide on the fundamental national financial and monetary policies; to set, change, or abolish taxes; to decide on the separation of items of incomes and expenditure between central budget and local budgets; to decide on the safety limit of national debts, public debts, and government debts; to decide on planning of the State budget and allocation of the central State budget; to approve the accounts of the State budget.
To decide on the State's policies on ethnic minorities and religions;

5. Article 74
The Standing Committee of the National Assembly has the following duties and powers:
…….
……..
To supervise the implementation of the Constitution, the law, the resolutions of the National Assembly, decree-laws, the resolutions of the Standing Committee; to supervise the activities of the Government, …etc (and other bodies created by the National Assembly);
To suspend the execution of the formal written orders of the Government, the Prime Minister, ……..that contravene the Constitution, the law, the resolutions of the National Assembly; to report the matter to the National Assembly for it to decide on the abrogation of such orders in its next session; to repeal the written orders of the Government, Prime Minister, …..etc that contravene the resolutions of the Standing Committee;
…………

6. ONE COUNCIL AND NINE COMMITTEES OF THE NATIONAL ASSEMBLY OF VIETNAM
THE SOCIAL AFFAIRS COMMITTEE
THE
LAW COMMITTEE
THE JUDICIARY COMMITTEE
THE NATIONALITY COUNCIL
THE SCIENCE, TECHNOLOGY & ENVIRONMENT COMMITTEE
THE CULTURE, EDUCATION, YOUTH, ADOLESCENTS & CHILDREN COMMITTEE
THE FOREIGN AFFAIRS COMMITTEE
THE FINANCIAL & BUDGETARY COMMITTEE
THE NATIONALDEFENCE & SECURITY COMMITTEE
THE ECONOMIC COMMITTEE

7. CHAPTER VII
THE GOVERNMENT
Article 94
The Government is the highest administrative body of the Socialist Republic of Vietnam, exercises the executive power and is the executive body of the National Assembly. The Government is accountable to the National Assembly and shall report to the National Assembly, its Standing Committee and the State President.

8. Article 96
The Government has the following tasks and powers:
To organise the implementation of the Constitution, laws and resolutions of the National Assembly, ordinances and resolutions of the Standing Committee of the National Assembly, and orders and decisions of the State President;
2. To initiate and draft policies and to submit them to the National Assembly and the National Assembly’s Standing Committee …..; to recommend draft laws, draft state budgets and other projects to the National Assembly; to propose the draft ordinances to the National Assembly’s Standing Committee;
3. To exercise uniform management of the economy, culture, society, education, medicine, science, technology, environment, information, media, international relations, national defence, national security and social order and security; to exercise the decisions on mobilisation and the state of emergency and carry out all other necessary measures to protect the country and to safeguard the lives and the property of the People;

9. 4. …….
5. To exercise the uniform management of the national bureaucracy; ……; to exercise the work of inspection and examination and handling of citizen’s complaint and denunciations;
6. To protect the rights and interests of the State and society, human rights and citizen’s rights and to ensure social order and security;
7. To negotiate and conclude international treaties in the name of the State as delegated by the State President; to negotiate, sign, ratify and accede to international treaties in the name of the Government, except the international treaties proposed to the National Assembly for approval …..;

10. LAW ON ORGANIZATION OF THE NATIONAL ASSEMBLY OF 2014
THE SUPERVISORY POWER OF THE NATIONAL ASSEMBLY, THE STANDING COMMITTEE, COMMITTEES OF THE NATIONAL ASSEMBLY AND DEPUTIES
LAW ON ORGANIZATION OF THE NATIONAL ASSEMBLY OF 2014
Article 1. The position and the functions of the National Assembly
1. ………..
2. The National Assembly shall exercise the power to make the constitution, the power to make laws, the power to make decisions on the country’s important issues, and the power to take supreme supervision of the State’s operations.
Article 6. Supreme supervision by the National Assembly
1. The National Assembly shall perform supreme supervision of compliance with the Constitution, and the laws and the ordinances of the National Assembly.
2. The National Assembly shall perform supreme supervision of the operations and activities of the State President, the Standing Committee of the National Assembly, the Government, …etc which are set up by the National Assembly.

11. Article 50. Supervision by the Standing Committee of the National Assembly
1. To organize the supervision program of the National Assembly, to adjust the supervision program of the National Assembly in the interval of two working sessions of the National Assembly, ………..
2. To supervise the implementation of the Constitution, and the laws and resolutions of the National Assembly, ordinances and resolutions of the Standing Committee of the National Assembly; to supervise the activities of the Government, ….etc and other agencies set up by the National Assembly.

12. Article 69. The duties and the powers of the Council for Ethnic Affairs
Para 3. To supervise the implementation of the laws and resolutions of the National Assembly, the ordinances and resolutions of the Standing Committee of the National Assembly in the ethnic field; to supervise the implementation of the ethnic policy, the socio - economic development programs and plans in mountainous areas and areas of ethnic minorities.
Para 4. To supervise the documents of the Government, the Prime Minister, the Ministers, the heads of ministerial - level agencies relating to ethnic activities.
Article 70. The duties and the powers of the Law Committee
4. To supervise the implementation of laws and resolutions of the National Assembly, ordinances and resolutions of the Standing Committee of the National Assembly on civil and administrative issues, on the organization of the State’s apparatus, except for the structural organization of judiciary agencies; to supervise the activities of the Government, Ministries, ministerial - level agencies in the fields that the Committee is in charge.
5. To supervise the documents of the Government, the Prime Minister, the Ministers, and of the heads of ministerial - level agencies in the fields that the Committee is in charge.

13. Article 71. The duties and the powers of the Judiciary Committee
4. To supervise the implementation of the laws and resolutions of the National Assembly, the ordinances and resolutions of the Standing Committee of the National Assembly on criminal proceedings, civil proceedings, administrative proceedings, judgment enforcement, judiciary support, corruption prevention and fighting, the structural organization of the judiciary agencies; to supervise the activities of the Government, the People’s Supreme Court, the People’s Supreme Procuracy, the Ministries and the Ministerial– level agencies in investigation, prosecution, hearing, judgment enforcement, judiciary support; to supervise the identification and settlement of corruption.
5. To supervise the documents of the Government, the Prime Minister, the Ministers, the heads of ministerial - level agencies, ….etc in the fields that the Committee is in charge.
Article 72. The duties and the powers of the Economic Committee
3. To supervise the implementation of laws and resolutions of the National Assembly, ordinances and resolutions of the Standing Committee of the National Assembly in the economic, land, monetary, banking and business management fields; to take lead in the supervision of the activities of the Government, Ministries, ministerial - level agencies in the implementation of the programs, projects and plans on targets, goals and policies, socio - economic development key tasks and of economic policies.
4. To supervise the documents of the Government, the Prime Minister, the Ministers, and of the heads of ministerial - level agencies in the fields that the Committee is in charge.

14. Article 73. The duties and the powers of the Budgetary and Monetary Committee
3. To supervise the implementation of laws and resolutions of the National Assembly, of ordinances and resolutions of the Standing Committee of the National Assembly in the fields of finance, budget and state audit; to supervise the activities of the Government, Ministries, ministerial - level agencies in the implementation of the State budget estimates and the implementation of policies on finance and budget.
4. To supervise the documents of the Government, the Prime Minister, the Ministers, and of the heads of ministerial - level agencies in the fields that the Committee is in charge.
Article 74. The duties and the powers of the Committee for National Defense and Security
2. To supervise the implementation of laws and resolutions of the National Assembly, ordinances and resolutions of the Standing Committee of the National Assembly in the fields of national defense and security, social order and safety; to supervise the activities of the Government, Ministries, ministerial - level agencies in the performance of the duties of national defense and security and securing social order and safety.
3. To supervise the documents of the Government, the Prime Minister, the Ministers, and of the heads of ministerial - level agencies in the fields that the Committee is in charge.

15. Article 75. The duties and the powers of the Committee on Culture, Education, Youth, Adolescents, and Children
2. To supervise the implementation of laws and resolutions of the National Assembly, ordinances and resolutions of the Standing Committee of the National Assembly in the fields of culture, education, information, communication, religion, tourism, sport, youth, adolescents and children; to supervise the activities of the Government, Ministries, ministerial - level agencies in the implementation of the policies on culture, education, information, communication, religion, tourism, sport in in the socio - economic development plans and programs of the country; to supervise the implementation of the policies on the youth, adolescents and children.
3. To supervise the documents of the Government, the Prime Minister, the Ministers, and of the heads of ministerial - level agencies in the fields that the Committee is in charge.
Article 76. The duties and the powers of the Committee for Social Affairs
3. To supervise the implementation of laws and resolutions of the National Assembly, ordinances and resolutions of the Standing Committee of the National Assembly in the fields of labor, employment, health care, population, social security, gender equality, emulation and rewards, and social evil prevention and elimination; to supervise the activities of the Government, Ministries, ministerial - level agencies in the implementation of the policies on labor, employment, health care, population, social security, gender equality, emulation and rewards, and social evil prevention and elimination in the socio - economic development plans and programs of the country.
4. To supervise the documents of the Government, the Prime Minister, the Ministers, and of the heads of ministerial - level agencies in the fields that the Committee is in charge.

16. Article 77. The duties and the powers of the Committee for Science, Technology and Environment
2. To supervise the implementation of laws and resolutions of the National Assembly, ordinances and resolutions of the Standing Committee of the National Assembly in the fields of science, technology, natural resources, environment protection, response to climate change and prevention from and fighting against natural calamities; to supervise the activities of the Government, Ministries, and ministerial - level agencies in the implementation of the policies on developments in science, technology, natural resources, environment protection, response to climate change and prevention from and fighting against natural calamities in the socio - economic development plans and programs of the country.
3. To supervise the documents of the Government, the Prime Minister, the Ministers, the heads of ministerial - level agencies in the field that the Committee is in charge.
Article 78. The duties and the powers of the Committee for Foreign Affairs
3. To supervise the implementation of laws and resolutions of the National Assembly, ordinances and resolutions of the Standing Committee of the National Assembly in the field of external relationship; to supervise the activities of the Government, Ministries, ministerial - level agencies in the implementation of the State external relation policies, to supervise the activities of conclusion, accession to and implementation of international treaties and international agreements; to supervise external relationship and economic external relation activities of branches and localities; to supervise the implementation of State policies over Vietnamese nationals residing overseas and foreigners living in Vietnam.
4. To supervise the documents of the Government, the Prime Minister, the Ministers, and of the heads of ministerial - level agencies in the fields that the Committee is in charge.

17. ON SUPERVISORY ACTIVITIES OF THE NATIONAL ASSEMBLY
LAW
ON SUPERVISORY ACTIVITIES OF THE NATIONAL ASSEMBLY
(No. 05/2003/QH11 of June 17, 2003)
Article 1. The supervisory function of the National Assembly
The National Assembly exercises the supreme right to supervise the entire operation of the State. The National Assembly exercises its supreme supervisory right at the National Assembly sessions on the basis of the supervisory activities of the National Assembly Standing Committee, the Nationality Council, the Committees of the National Assembly, the Associations of National Assembly deputies and the National Assembly deputies.
Article 3. Supervisory competence of the National Assembly, the agencies of the National Assembly, the Delegations of National Assembly deputies and the National Assembly deputies
1. a) The National Assembly supervises activities of the State President, the National Assembly Standing Committee, the Government, the Prime Minister, the ministers and other members of the Government, …..etc in the enforcement of the Constitution, laws and resolutions of the National Assembly; supervises legal documents of the State President, the National Assembly Standing Committee, the Government, the Prime Minister, …..etc;
b) The National Assembly Standing Committee supervises activities of the Government, the Prime Minister, the ministers and other members of the Government, the Supreme People's Court, the Supreme People's Procuracy and the People's Councils of the provinces or centrally-run cities in the implementation of the Constitution, laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee; supervises legal documents of the Government, the Prime Minister, ….etc, resolutions of the provincial/municipal People's Councils; and assists the National Assembly in exercising the supervisory right under the assignment by the National Assembly;

18. c) The Nationality Council and the Committees of the National Assembly, within the scope of their tasks and powers, supervise activities of the Government, the Prime Minister, the ministries, the ministerial-level agencies, …etc in the implementation of the laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee; supervise legal documents in the domains under their respective charge; assist the National Assembly and the National Assembly Standing Committee in exercising the supervisory right under the assignment by these agencies;
d) Delegations of National Assembly deputies organize their supervisory activities and arrange for the National Assembly deputies in the Associations to supervise the law implementation in the localities; supervise legal documents of the People's Councils and the People's Committees of the provinces or centrally-run cities; supervise the settlement of complaints and denunciations of citizens; join in the supervisory delegations of the National Assembly Standing Committee, the National Council, the Committees of the National Assembly in the localities when so requested;
Article 7. Supervisory activities of the National Assembly
The National Assembly performs the supervision through the following activities:
1. Examining working reports of the State President, the National Assembly Standing Committee, the Government, the Supreme People's Court and the Supreme People's Procuracy;
2. Examining reports of the National Assembly Standing Committee on the situation of enforcement of the Constitution, laws and resolutions of the National Assembly;

19. 3. Examining legal documents of the State President, the National Assembly Standing Committee, the Government, the Prime Minister, …etc which show signs of contravening the Constitution, laws and/or resolutions of the National Assembly;
4. Examining interpellation replies of the State President, the National Assembly chairman, the Prime Minister, ministers and other members of the Government, …..etc;
5. ……..
Article 8. Supervisory programs of the National Assembly
The National Assembly decides on its annual supervisory programs at the proposals of the National Assembly Standing Committee, the Nationality Council, the Committees of the National Assembly, the Associations of National Assembly deputies, National Assembly deputies, the Vietnam Father Front Central Committee and at the opinions and proposals of the voters nationwide.

20. Article 15. Supervisory activities of the National Assembly Standing Committee
The National Assembly Standing Committee shall conduct supervision through the following activities:
1. Examining working reports of the Government, the Supreme People's Court and the Supreme People's Procuracy during the intervals between two National Assembly sessions;
2. Examining legal documents of the Government, the Prime Minister, ….etc which show signs of contravening the Constitution, laws and/or resolutions of the National Assembly, ordinances and/or resolutions of the National Assembly Standing Committee;
3. ……
4. Examining working reports of the provincial/municipal People's Councils; examining resolutions of the provincial/municipal People's Councils which show signs of contravening the Constitution, laws and/or resolutions of the National Assembly, ordinances and/or resolutions of the National Assembly Standing Committee;
5. Examining the settlement of complaints and denunciations of citizens;
Article 17. Examining reports of the Government, the Supreme People's Court, the Supreme People's Procuracy
1. During the intervals between two National Assembly sessions, the National Assembly Standing Committee shall examine working reports of the Government, …. request these agencies to report on other issues when deeming it necessary.
2. The reports of the Government, …… shall be verified by the National Assembly's the Council or Committees before they are submitted to the National Assembly Standing Committee.

21. Article 18. Examining legal documents which show signs of contravening the Constitution, laws and/or resolutions of the National Assembly as well as ordinances and/or resolutions of the National Assembly Standing Committee
The National Assembly Standing Committee examines on its own or at the requests of the Nationality Council, Committees of the National Assembly, Associations of National Assembly deputies or of National Assembly deputies the legal documents of the Government, the Prime Minister, ….. which show signs of contravening the Constitution, laws and/or resolutions of the National Assembly as well as ordinances and/or resolutions of the National Assembly Standing Committee.
Article 20. Examining resolutions of the provincial/municipal People's Councils, which show signs of contravening the Constitution, laws, resolutions of the National Assembly, ordinances and/or resolutions of the National Assembly Standing Committee
The National Assembly Standing Committee decides on its own or at proposals of the Prime Minister, the Nationality Council, Committees of the National Assembly, the Associations of National Assembly deputies or National Assembly deputies to examine resolutions of the provincial/municipal People's Councils, which show signs of contravening the Constitution, laws, resolutions of the National Assembly, ordinances and/or resolutions of the National Assembly Standing Committee.
Article 22. Supervising the elections of National Assembly deputies, People's Council deputies
The National Assembly Standing Committee supervises the elections of deputies to the National Assembly and deputies to the People's Councils of all levels, ensuring that the elections are carried out in a democratic and lawful manner.
Article 23. Organizing supervising delegations of the National Assembly Standing Committee
1. Basing itself on its supervisory programs or at the request of the National Assembly, the proposals of the Nationality Council, the Committees of the National Assembly, Associations of National Assembly deputies or National Assembly deputies, the National Assembly Standing Committee decides to set up its supervising delegations.

22. Article 25. The National Assembly Standing Committee's supervision of the settlement of complaints and denunciations
The National Assembly Standing Committee supervises the implementation of the legislation on complaints and denunciations; examines reports of the Government, ….. on settlement of complaints and denunciations; organizes supervising delegations or assigns the Nationality Council or Committees of the National Assembly to supervise the settlement of complaints and denunciations.
Article 27. Supervisory activities of the Nationality Council, the Committees of the National Assembly
The Nationality Council and the Committees of the National Assembly conduct supervision through the following activities:
1. Verifying working reports of the Government, ………in the domains under their respective management or according to the assignment by the National Assembly Standing Committee;
2. Examining legal documents of the Government, the Prime Minister, the ministers, the heads of ministerial-level agencies, ………, legal documents issued jointly by competent State bodies at the central level or jointly by competent State bodies and central bodies of socio-political organizations, which show signs of contravening the Constitution, laws, resolutions of the National Assembly, ordinances and/or resolutions of the National Assembly Standing Committee and legal documents of superior State bodies;
3. In case of necessity, requesting the Government, the ministries, the ministerial-level agencies, the Supreme People's Court and/or the Supreme People's Procuracy to report on their activities in the domains under the charge of the Council or Committees;

23. Article 37. Supervisory activities of National Assembly deputies
1. The National Assembly deputies conduct supervision through the following activities:
a) Interpellating the State President, the National Assembly chairman, the Prime Minister, the ministers and other members of the Government, …….;
b) Supervising legal documents; supervising law enforcement in localities;
c) Supervising the settlement of complaints and denunciations of citizens.
Article 38. Supervisory activities of Delegations of National Assembly deputies
The Delegations of National Assembly deputies shall conduct supervision through the following activities:
1. Organizing supervising delegations of National Assembly deputies‘ ….to supervise the law enforcement in their respective localities; supervise legal documents of the People's Councils and/or the People's Committees of the provinces or centrally-run cities;
2. Supervising the settlement of citizens' complaints and denunciations, ……;
3. Requesting agencies, organizations and/or individuals in the localities to answer on matters which the Delegations of National Assembly deputies are interested in;

24. In short, with respect to control or supervision (in another word) of The Legislative to Executive, we would like to emphasize the following issues:
Supervisory bodies
- The National Assembly (supreme supervision)
- The National Assembly’s Standing Committee
- Council and committees of the National Assembly
- Delegation of the National Assembly’s deputies
- National Assembly’s deputies
2. Supervised bodies
- The Government, the Prime Minister, ministers, the Supreme Court, the Supreme Procuracy……etc
Contents of supervision
- Working reports of the Government, the Supreme Court, the Supreme Procuracy…….
- Reports of the National Assembly Standing Committee
- Legal documents of the State President, the National Assembly Standing Committee, the Government, the Prime Minister show signs of contravening the Constitution, laws and/or resolutions of the National Assembly , ……. and the law enforcement
- Interpellated persons' replies to interpellations r
- Other matters of concerns of NA, NA Standing Committee and NA deputies

25. 4. Form of supervision
- Examining reports at sessions of the National Assembly, meetings of the NA Standing Committee, meeting of the Council and committees
- Field study supervision on specific matters
- Intepellation (oral and writing)
Every year, the National Assembly decides on its annual supervisory programs at the proposals of the National Assembly Standing Committee, the Nationality Council, the Committees of the National Assembly, the Delegations of NA’s deputies, NA’s deputies, etc…and at the opinions and proposals of the voters nationwide.
The National Assembly Standing Committee shall project the supervisory program of the National Assembly and submit it to the National Assembly for consideration and decision at the year-end session of the previous year and organize the implementation of such program.
Annually, council and committees of the National Assembly carry out tens of supervisory delegations to localities to supervise the implementation of socio-economic development plans, law and resolutions of the National Assembly, resolutions of the Standing Committee, settlement of denunciations and complaints in different areas.

26. In conclusion, it is possible to say that as the highest representative body of the People and the highest body of State power of the Socialist Republic of Vietnam, the National Assembly exercises supreme control over all activities of the State in which control of the Government (the Executive) is one of the most important duties of the National Assembly.