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VIETNAM ACADEMY OF SOCIAL SCIENCES GRADUATE ACADEMY OF SOCIAL SCIENCES NGUYEN XUAN THUY SUPERVISORY CONCLUSION OF THE VIETNAMESE NATIONAL ASSEMBLY: THEORY AND PRACTICE Major: Constitutional Law and Administrative Law Major code: 09 38 01 02 SUMMARY OF THE THESIS THE LAW DOCTOR HANOI - 2019 The thesis is completed at: Graduate Academy of Social Sciences, Vietnam Academy of Social Sciences Supervisor: Assoc Prof Dr Nguyen Minh Man Reviewer 1: Prof Dr Phan Trung Ly Reviewer 2: Prof Dr Thai Vinh Thang Reviewer 3: Assoc Prof Dr: Dinh Xuan Thao The thesis will be protected in front of the thesis checking Council at Academy level in at ……… ………, on ……… ……… You can find the thesis at: - The National Library - The Library of the Social Sciences Academy INTRODUCTION The urgency of the subject The implementation of supervisory conclusions of the National Assembly has made positive changes, but in addition, the implementation of the Law on supervision and supervisory conclusions of the National Assembly has also shown inadequacy and shortcomings, named: Firstly, the legal system on supervision and supervisory conclusions of the National Assembly is also stipulated in many different documents; a number of provisions on contents and forms of supervisory conclusions are overlapping, unclear and specific; Regarding the order and procedures, there are no effective legal measures to implement these supervisory conclusions Secondly, many legal regulations on supervisory conclusions and legal validity of supervisory conclusions of the National Assembly have not been enforced or the feasibility is still low, as stipulated in the National Assembly's vote of confidence with a person elected or approved by the National Assembly; stipulates that the National Assembly establishes the Provisional Committee to investigate a certain issue to ensure the feasibility and accuracy of the monitoring conclusion; prescribing that the National Assembly examines reports of the National Assembly Standing Committee on the implementation of the Constitution, laws and resolutions of the National Assembly; Thirdly, the conditions ensuring the supervision and implementation of supervisory conclusions of the National Assembly such as: material facilities, equipment, human resources, assisting apparatus have not met the requirements of supervisory activities and ensured the implementation of supervisory conclusions With my position and the above reasons, I have chosen my thesis topic: "Supervisory conclusions of the National Assembly of Vietnam: theory and practice" to be the reasearch thesis specialized in Constitutional Law and Administrative Law, at the same time, it also contributed to solve a big problem with many difficulties in organizing the implementation of the legal system on supervision and implementation of conclusions and the National Assembly supervision in the context of building a Socialist Rule-of-Law State in Vietnam today Purpose and research task of the thesis - The purpose of the thesis research is to clarify the theoretical and practical basis of monitoring conclusions of the National Assembly of Vietnam On that basis, the thesis offers views, orientations, recommendations and some solutions to strengthen the implementation and implementation of supervisory conclusions of the National Assembly of Vietnam in the coming time - Research tasks of the thesis: Firstly, clarify the theoretical issues of the conclusions of the National Assembly Thereby, resolving a number of contents: Concept, characteristics, roles, contents of forms, elements, conditions to ensure implementation of supervisory conclusions of the National Assembly of Vietnam; Secondly, analyze and assess directly the promulgation and organization of implementation and the provisions of the law on supervisory conclusions of the National Assembly of Vietnam; Thirdly, analyze and clarify the results, limitations and causes of limited existence in the process of implementing the conclusions of the National Assembly; Fourthly, analyze, clarify the views, orient and propose some solutions to improve the law and improve the effectiveness, efficiency and feasibility of the supervisory conclusions of the National Assembly of Vietnam Subjects and scope of the thesis research Research subjects - The issues and rationale for supervisory conclusions of the National Assembly of Vietnam will be clarified in this research - The provisions of the Constitution and laws of Vietnam on supervisory conclusions and conditions to ensure implementation of supervisory conclusions of the National Assembly of Vietnam Research scope In order to meet the main purpose of the thesis is to study theoretical and practical issues of supervisory conclusions of the National Assembly of Vietnam, the thesis will mainly focus on analyzing, understanding and explaining perceptions currently on the conclusions of supervisory, the conditions to ensure the implementation of supervisory conclusions of the National Assembly in the context of our country today The thesis focuses on analyzing and assessing the legal status of supervision and supervisory conclusions of the National Assembly of Vietnam (through the subjects: National Assembly, Standing Committee of the National Assembly, agencies of the National Assembly, National Assembly delegations, National Assembly deputies); Time: National Assembly term XII, XIII up to now Methodology and research methods of the thesis Methodology: The thesis uses the method of dialectical materialism and historical materialism of Marxism-Leninism; Ho Chi Minh thought about building a socialist rule-of-law state In addition, the thesis also uses some independent theories such as the theory of the rule of law; human rights; theory of State governance, national governance; psychology; Research Methods: The thesis uses specific research methods such as: Inheritance method; normative analysis method; system method; statistical methods; integrated approach; analytical methods; comparative method; described method; explanational method; prediction method; historical method; method of induction and interpretation; research methods of records, multi-disciplinary and interdisciplinary research methods; In the process of completing the thesis, these methods will be incorporated and applied accordingly New contributions to the science of the thesis The thesis is the first scientific work of comprehensive and systematic research on the theory and practice of supervisory conclusions of the current National Assembly of Vietnam The thesis has new scientific contributions as follows: Firstly, building Concepts, characteristics, roles and conditions to ensure the implementation of supervisory conclusions of the National Assembly of Vietnam; Secondly, clarifying the legal basis and legal value of conclusions on supervision of Vietnam's National Assembly; Thirdly, to build scientifically and comprehensively the factors and conditions to ensure the implementation of supervisory conclusions of the National Assembly to meet the requirements of building a socialist rule-of-law state in Vietnam today Fourthly, analyze and clarify the current status of the law and the status of implementation of supervisory conclusions of the National Assembly; Achievements, limited existence, causes of limited existence in the implementation of these supervisory conclusions; Fifthly, clarifying some theoretical and practical issues about the viewpoints and orientations to improve the law on supervision and conclusion of supervision; Thereby offering a group of solutions to improve the implementation of the supervisory conclusions of the National Assembly The theoretical and practical significance of the thesis a The theoretical significance of the thesis - Clarify theoretical issues: Concepts, characteristics and role of supervisory conclusions of the National Assembly; clarifying methods, forms and conditions to ensure the implementation of supervisory conclusions of the National Assembly of Vietnam in a single-party political regime in our country - Analyzing and clarifying the theoretical basis and legal basis for superviory functions; legislation on supervision and supervisisory conclusions of the National Assembly of Vietnam, clearly defining the content, objects, implementation forms and legal values of supervisory conclusions of the National Assembly b The practical significance of the thesis - Research and compare legal provisions and monitoring activities of Parliament of some countries in the world and Vietnam to learn experience and possibly lessons for the National Assembly of Vietnam - Analyzing and assessing the legal status of supervision, and implementation of supervisory conclusions of the National Assembly of Vietnam since then, proposing directions and solutions to improve effectiveness and efficiency surveillance activities; propose changes, reforms of conditions to ensure implementation of supervisory conclusions of the National Assembly of Vietnam - Develop policies and lines: The thesis establishes a scientific basis for the implementation of relevant legal documents; at the same time perfecting the legal basis of the implementation of the supervisory law in our country - With specific solutions grouped on the basis of theoretical research and analysis of the legal status of supervisory conclusions, the thesis will be a useful reference for law-builders and managers - The thesis will be completed as a scientific basis and practical basis for agencies to issue legal documents (National Assembly, Government) to amend and supplement the provisions of law in accordance with Practice, Structure of the thesis Structure of the thesis: In addition to the Introduction, the thesis consists of chapters, as follows: CHAPTER RESEARCH OVERVIEW ABOUT SUPERVISION AND SUPERVISORY CONCLUSION OF THE NATIONAL ASSEMBLY 1.1 Research situation in our country 1.1.1 The situation of studying theoretical issues about monitoring conclusions of the National Assembly of Vietnam 1.1.2 The situation of studying practical issues and laws on supervision conclusions of the National Assembly of Vietnam 1.1.3 The situation of studying issues on solutions to improve the effectiveness and efficiency of implementation of monitoring conclusions of the National Assembly of Vietnam 1.2 International research situation It can be said that the study on the position, role, nature, organization and operation of the National Assembly / parliament, especially the supervisory activities of the National Assembly / parliament are the issues that attract attention of the world's lawmakers and politicians Typically: In 2006, the People's Deputies Training Center - Office of the National Assembly published the book "Legislature and supervision" [83]; Changes in the field of supervision of the US Congress (Changes in Congressional Oversight), by JOEL D ABERBACH, American Behavioral Scientist [108]; Supervision and budget of legislature: World context (Legislative Oversight and Budgeting: A World Perspective), World Bank publication (September 12, 2008) ISBN-13: 978-0821376119 [110]; Congressional Oversight: Overview (Congressional Oversight: An Overview), Congressional Research Service (February 22, 2010), by Walter J Oleszek [118] 1.3 Overall assessment of the situation, research results related to the dissertation and the issues that need further study 1.3.1 General assessment of the situation and results of research projects related to the thesis The above-mentioned works at different levels presented an overview of the organization and mode of operation of the National Assembly, especially the supervisory activities of the National Assembly in Vietnam in particular, the supervision of some Parliamentaries in the world However, the above works have not explained the concept, role and position of supervisory conclusions; initially studied the legal validity of supervisory conclusions of the National Assembly of Vietnam in the implementation of the state power of the country during the transition period to socialism in Vietnam At the same time, there has not been any research projects to propose specific criteria to determine the effectiveness and efficiency of monitoring and implementation of monitoring conclusions of the National Assembly from which to propose orientations and Total solutions in both theory, awareness, legal, support conditions to ensure the effectiveness and efficiency of post-supervision and implementation of supervisory conclusions of the National Assembly 1.3.2 The contents of the thesis should focus on further research a In theory: - Clarify theoretical issues: Concepts, characteristics, roles and subjects issued and forms of monitoring conclusions and methods, forms and legal values of monitoring conclusions of the National Assembly of Vietnam in a single party political regime leading and ruling in our country - Analyzing and clarifying the theoretical basis and legal basis for monitoring functions; legislation on supervision and supervisory conclusions of the National Assembly of Vietnam, clearly defining the content, objects and forms of implementation of supervisory conclusions of the National Assembly We need analysis, research to clarify the conditions to ensure the implementation of supervisory conclusions of the National Assembly b In Practice: - Research and compare regulations of laws and activities of supervision and enforcement of supervisory conclusions of Vietnam and Parliament of some countries in the world, learn lessons for the National Assembly of Vietnam - Approach on the aspects, angles, sticking to the spirit and content of the 2013 Constitution, legal provisions on organization, supervisory activities of the National Assembly, views and ways of the Party and characteristics of the Socialist Rule State and the rationale and legal basis for implementing supervisory conclusions of the National Assembly of Vietnam - Analyzing and assessing the legal status of conclusions on supervision and implementation of supervisory conclusions of the National Assembly of Vietnam; c In application of the thesis: - Develop policies and lines: The thesis establishes a scientific basis for the implementation of relevant legal documents; is a scientific basis to contribute to the construction of the law on supervision; at the same time perfecting the legal basis of the implementation of the Law on supervision and supervisory conclusions of the National Assembly - With specific solutions grouped on the basis of theoretical research and analysis of the legal status of supervision and organization, implementation of supervision and supervisory conclusions, the thesis will be talented Useful reference for law builders, managers to help increase effectiveness and efficiency - The thesis will be completed as a scientific basis and practical basis for agencies to issue legal documents (National Assembly, Government) to amend and supplement the provisions of law in accordance with practice, 1.4 Research questions, research theory and research hypotheses 1.4.1 Research hypothesis Studying theoretical and practical issues of supervisory conclusions of the National Assembly from a legal perspective, the scientific hypotheses should be set as follows: Ensuring the implementation of the supervisory conclusions of the National Assembly according to the Constitution, the Vietnamese law is an issue of particular concern to the Party and the State The recognition and assurance of implementation of the supervisory conclusions of the National Assembly has been recognized by the Constitution and other legal documents However, the theoretical issues of supervisory conclusions and ensuring the implementation of the supervisory conclusions of the National Assembly have not been studied deeply and comprehensively, so the institutionalization of these contents in the legal system Our laws are incomplete and still have many limitations The enhancement of effectiveness and efficiency of the supervisory conclusions of the National Assembly is pressing urgently, being one of the decisive factors to build the rule of law state, the people, by the people and for the people, make an important contribution to promoting socio-political security Therefore, it is necessary to have a system of synchronous solutions, especially the improvement of the law to enhance the effectiveness and efficiency of the implementation of the supervisory conclusions of the National Assembly 1.4.2 Research questions First, the theoretical issues of the conclusions of monitoring and ensuring the implementation of the National Assembly's supervisory conclusions under Vietnamese law need to be analyzed and resolved to create the awareness base of power Supreme of the Vietnamese National Assembly? What is the rationale for assessing the status of monitoring conclusions and ensuring the implementation of the monitoring conclusions of the National Assembly under current Vietnamese law? Secondly, what are the current status of the law and the status of organizing the implementation of supervisory conclusions of the National Assembly in accordance with Vietnamese law? What are the implementations of monitoring conclusions and the factors and conditions to ensure the implementation of the monitoring conclusions of the National Assembly according to the law has advantages, limitations and causes? Thirdly, what are opinions and solutions that need to be proposed to improve the effectiveness and efficiency of the monitoring conclusions and ensure the implementation of the supervisory conclusions of the National Assembly according to Vietnamese law better than today? What is the specific solution to improve the law on supervision conclusions of the National Assembly? CHAPTER THEORETICAL ISSUES ABOUT SUPERVISORY CONCLUSION OF THE NATIONAL ASSEMBLY OF VIETNAM 2.1 Concept, characteristics and role of supervisory conclusions of the National Assembly 2.1.1 Supervisory concept and conclusion of the National Assembly Paragraph Article of the Law on Supervision of the National Assembly stipulates: “Supervision is the supervision by the subject to monitor, review and evaluate the activities of agencies, organizations and individuals subject to supervision in compliance according to the Constitution and the law on the implementation of their duties and powers, handling according to their competence or requests, proposing competent agencies to handle " [34] Thus, it can be understood that the supervisory conclusions of the National Assembly are the legal consequences of supervising activities expressed in paper to Secondly, the subjects who create these values are those with legal status, positions, special roles in the State apparatus and the political system Thirdly, these values are the product of the process of creative thinking, which is very general and is formed on the legal process and procedures and on the basis of monitoring activities Fourthly, these values have the main content of determining the legal responsibility, the scope of responsibility of the subjects under supervision Fifthly, these values are expressed in writing, with a mechanism to ensure enforcement by law Sixthly, the legal responsibility of the subjects subject to supervision in the monitoring results often goes hand in hand with their political responsibility, prestige, competence, and effectiveness of their work before the National Assembly and State agencies superior, before voters and people c Content of the legal value of the conclusions of the National Assembly - Mandatory of the supervisory conclusions of the National Assembly - Effect of enforcing supervisory conclusions of the National Assembly d Legal provisions on legal validity of supervisory conclusions - Regulations on the mandatory of the supervisory conclusions of the National Assembly - Regulations on enforcement effect of the supervisory conclusions of the National Assembly 2.3 Conditions to ensure the effectiveness and efficiency of supervisory conclusions of the National Assembly of Vietnam 2.3.1 A clear and specific legal framework for implementing supervisory conclusions 2.3.2 Clearly define personal responsibilities of heads of agencies, organizations, positions and specific titles in the implementation of supervisory conclusions 2.3.3 The control and direction of the Chairman of the National Assembly, the Standing Committee of the National Assembly, activities of professional agencies and National Assembly deputies in supervising the implementation of supervising conclusions 2.3.4 Political qualities, public morals, professional qualifications and working experience of officials and people directly implementing supervisory conclusions 11 2.3.5 Coordination among subjects is involved in implementing monitoring conclusions of the National Assembly 2.3.6 Some other factors Political factors; Guarantee factor of awareness; Social factors and public opinion; Conditions on economy and science and technology (finance, facilities, facilities, information ) 2.4 Experience in some countries on surveillance law and the ssurance of mplementing the conclusions of the National Assembly 2.4.1 Experience from the Chinese National Assembly 2.4.2 Experience from the US Congress 2.4.3 Experience from the French Parliament 2.4.4 Experience from the German Federal Parliament CHAPTER CURRENT SITUATION AND IMPLEMENTATION SUPERVISORY CONCLUSION OF THE NATIONAL ASSEMBLY 3.1 Current status of legal regulations on issuance and implementation of supervisory conclusions of the National Assembly 3.1.1 Current status of legal regulations on the issuance of supervisory conclusions of the National Assembly a Legal provisions on the jurisdiction of the National Assembly issue supervisory conclusions of the National Assembly in the form of a Resolution - After reviewing the report of the agency under supervision, the National Assembly issues a resolution on the work of the reporting agency - After considering legal documents, the National Assembly issues a resolution on considering legal documents - After conducting questioning, the National Assembly issues a resolution on questioning - After conducting thematic supervision, the National Assembly issues a resolution to supervise - In addition to the above resolutions, based on the supervisory results, the National Assembly also issues resolutions on a number of other issues b Legal provisions on competence of The Standing Committee of the National Assembly issueing supervisory conclusions 12 - After reviewing the report of the agency under supervision, the Standing Committee of the National Assembly issues a resolution on the work of the reporting agency when it is deemed necessary - After considering legal documents, the Standing Committee of the National Assembly issues a resolution on considering legal documents - After questioning, the Standing Committee of the National Assembly issues a resolution on questioning - After conducting thematic supervision, the Standing Committee of the National Assembly issues a resolution on supervisory topics - After reviewing the report of the work of the provincial People's Council, the Standing Committee of the National Assembly issues a resolution on the activities of the provincial People's Council - After considering the resolution of the provincial People's Council, the Standing Committee of the National Assembly issues a resolution on considering the resolution of the provincial People's Council - After considering the petitions of the National Council, the Committee of the National Assembly, the National Assembly Delegates and the National Assembly on the supervision of agencies, organizations and individuals, the conclusions and opinions cannot be made for their supervision, the Standing Committee of the National Assembly issues a resolution on this issue c Legal provisions on the competence of the Nationality Council and Committee of the National Assembly about making supervisory conclusions (conclusions and recommendations after supervision) - After considering legal documents, if legal documents are contrary to the Constitution, Laws, Resolutions of the National Assembly, ordinances and resolutions of the Standing Committee of the National Assembly, the National Council , The National Assembly's Committee proposes to agencies and individuals that have issued documents to amend, supplement or abolish part or all of such documents - When supervising, if detecting violations of law, causing damage to the interests of the State, legitimate rights and interests of organizations and individuals, the National Council and Committees of the National Assembly have the right to request and propose competent agencies, organizations and individuals to apply necessary measures to promptly terminate acts of law violation, restore the State's interests, legitimate rights and interests of violating organizations and 13 individuals and handling and considering the responsibilities of violating agencies, organizations and individuals - After the explanation session, the National Council and Committee of the National Assembly make conclusions on the explanation - When supervising the settlement of complaints, denunciations and petitions of citizens, if detecting violations of the law, the Nationality Council and Committees of the National Assembly have the right to petition to agencies, organizations and individuals competent personnel to consider and resolve d Legal provisions on the competence of National Assembly deputies and National Assembly delegates making conclusions on supervision (recommendations after supervision) - Proposing competent agencies and individuals to amend, supplement or suspend the implementation, abolish part or all of legal documents or issue new legal documents - Proposing competent agencies, organizations and individuals to consider and settle matters related to the State's policies and laws or local matters - Proposing competent agencies, organizations and individuals to apply necessary measures to promptly terminate acts of law violation, restore the State's interests, legitimate rights and interests of organizations , individuals who are violated and consider responsibility, handle violators - Proposing competent agencies, organizations and individuals to apply necessary measures to promptly terminate acts of law violation, restore the State's interests, legitimate rights and interests of organizations, individuals who are violated and consider responsibility, handle violators - Proposing the Standing Committee of the National Assembly to consider and submit to the National Assembly the vote of confidence for the persons elected or approved by the National Assembly 3.1.2 Actual situation of the law on responsibility to implement supervisory conclusions of the National Assembly a Regulations for agencies subject to supervision - Periodically every months, the questioned persons, individuals and organizations subject to supervision must report the results of the implementation of the questionnaires, the thematic supervising resolutions and the results of the conclusions, requests and comments supervisory meeting of the Standing Committee of the National Assembly 14 - For the following post-document supervisory proposals of the Nationality Council and Committee of the National Assembly, if more than 30 days from the date of receipt of the request, the agency or individual that issued the document shall not implement or implement failing to respond to the request, the National Council and Committee of the National Assembly propose the Standing Committee of the National Assembly and the Prime Minister to suspend, abolish part or all of such documents according to its competence - Agencies, organizations and individuals subject to supervision shall have to implement supervisory proposals of the Nationality Council and Committees of the National Assembly; In case of failure to implement or incomplete implementation, the National Council and Committee of the National Assembly report to the Standing Committee of the National Assembly for consideration and decision - For some other monitoring activities, the supervising agencies, organizations and individuals shall consider and make recommendations and replies within 15 days after receiving the petitions Past this time limit, but failing to perform or improperly executing, the National Assembly's Committee and Committee of the National Assembly propose to the National Assembly chairman to request such agencies, organizations and individuals to answer at the meeting of the Standing Committee of the National Assembly or at the nearest National Assembly session - In particular, the Law on Supervision in 2015 also stipulates sanctions for agencies, organizations and individuals subject to supervision to obstruct or not to implement the resolutions, conclusions and recommendations of the supervisor, the subject supervises the request and proposes to the competent agencies and organizations to consider and handle such agencies, organizations and individuals Depending on the nature and seriousness of their violations, the subjects shall supervise the requests and propose competent agencies and organizations to handle them according to law provisions for leaders of agencies, organizations and individuals subject to supervisors and related people b Regulations for supervising agencies - Resolutions, conclusions and recommendations on supervision and results of conclusions and recommendations on supervision must be posted on the electronic portal of the agency conducting supervision or posting on the mass media 15 - Resolution on supervision of the National Assembly, the Standing Committee of the National Assembly has the legal value required to implement - The Standing Committee of the National Assembly, National Council, Committees of the National Assembly, National Assembly Delegates, National Assembly delegates have the responsibility to regularly supervisor and urge the implementation of resolutions, conclusions and recommendations on supervision; In case the agency, organization or individual subject to supervision fails to perform or fails to comply with the requirements in the resolutions, conclusions and recommendations for supervision, it shall handle according to its competence or propose the competent agency to handle physical 3.2 Current situation of issuing supervisory conclusions of the National Assembly 3.2.1 Issue supervisory conclusions in the form of Resolution - After reviewing the work reports of the supervised agencies (including: Government, Supreme People's Court, Director of the Supreme People's Procuracy, the Standing Committee of the National Assembly, President ) every year, both term and other related reports (According to the report of the 8th National Assembly term, during the term, the National Assembly considered 198 reports of various types of agencies subjected to supervised), the National Assembly has issued resolutions (separate resolutions or resolutions of some issues) to assess the activities and compliance with the Constitution and laws of these agencies, including the face has done, the limitations, inadequacies, requirements, proposing agencies to overcome limitations, inadequacies and better implement the assigned tasks and powers - In recent National Assembly terms, the National Assembly's interrogation activities have been cared, followed and appreciated by the people of the whole country Therefore, starting from the second session to the 10th session of each National Assembly session, the National Assembly has spent about two and a half days to three days in each session to organize questioning of Government members, Chief Justice of the Supreme People's Court, Director of the Supreme People's Procuracy and other questioned people After questioning sessions, the National Assembly issued a resolution on interrogation - In recent National Assembly terms, the National Assembly's interrogation activities have been cared, followed and appreciated by the people of the whole country Therefore, starting from the second session to the 10th session of each National Assembly session, the National 16 Assembly has spent about two and a half days to three days in each session to organize questioning of Government members, Chief Justice of the Supreme People's Court, Director of the Supreme People's Procuracy and other questioned people After questioning sessions, the National Assembly issued a resolution on interrogation - Thematic supervision activities are one of the most practical, effective and votable forms of supervision by voters, National Assembly members and People Therefore, since the Law on Supervision in 2003, especially in recent years, the National Assembly, the Standing Committee of the National Assembly, the National Council, and Committees of the National Assembly have organized many specialized supervisions - For thematic supervisions of the National Assembly, the Standing Committee of the National Assembly, these subjects issue resolutions to set up thematic supervising delegations The supervisory team conducted supervising activities, listened to agencies subjected to supervising reports, supervised practices at ministries, branches and localities and reported the supervisory results to the supervisory agencies for consideration, decision 3.2.2 Issue supervision conclusions of the National Assembly, National Assembly agencies, National Assembly delegations and National Assembly delegates in the form of conclusions a For the issuance of conclusions of the Standing Committee of the National Assembly Similar to the National Assembly, after the end of supervision, the Standing Committee of the National Assembly has the authority to issue a resolution on supervision But in fact, only the thematic monitoring activities, after supervision, the Standing Committee of the National Assembly issued a resolution; other monitoring activities, especially questioning at the meeting, the Standing Committee of the National Assembly only issued conclusions on supervision, even if there is no separate document on supervision, but the results of supervision close to the general resolution of the the Standing Committee of the National Assembly meeting This is a problem that needs to be solved in the direction, after supervision, the Standing Committee of the National Assembly needs to issue a resolution on supervision, should not issue conclusions or should not put the supervisory results into the general resolution of the meeting of the Standing Committee of the National Assembly 17 b For the issuance of conclusions of the Council, Committee of Congress After most explanatory sessions, the National Council, the Committees of the National Assembly issued conclusions about the issues that were explained The conclusions on the explanations all assess the implementation of policies and laws related to the explanatory content, what has been done, what has not been done, the cause of the limitations, the responsibilities of the agencies and individuals, proposing solutions and solutions to concerned agencies, organizations and individuals c Issue supervisory conclusions in the form of petitions Recently, the National Council, Committees of the National Assembly, National Assembly delegates, National Assembly delegates have conducted many supervisory activities with various forms of supervision, such as consideration of reporting on work, supervisory documents, organizing explanatory activities, thematic supervision, organizing delegations to supervise and supervise the settlement of complaints, denunciations, petitions of citizens, etc Supervisory results have reflected closely and objectively the actual situation, clearly stating the achieved results and limitations, obstacles in mechanisms, policies, laws, weaknesses in management and administration of agencies, organizations and localities 3.3 Actual status of implementation of supervisory conclusions of the National Assembly 3.3.1 For the implementation of supervisory conclusions in the form of Resolution In fact, basically, the Government, the Supreme People's Court, the Supreme People's Procuracy and other agencies, organizations and individuals are strictly supervised and have appropriate solutions , efforts to direct the effective implementation of resolutions of the National Assembly, the Standing Committee of the National Assembly and report fully and promptly as required by the National Assembly, the Standing Committee of the National Assembly The Council of Ethnic Minorities and Committees of the National Assembly has examined reports of agencies and individuals supervised on the implementation of the resolution on supervision to advise the National Assembly, the Standing Committee of the National Assembly for consideration and evaluation the implementation of the resolution Although there are still insufficient issues, changes are not clear, but overall, there have been positive changes, there are some areas with strong changes, recorded by the National Assembly and voters with high appreciation 18 3.3.2 For implementation supervisory conclusions in the form of Conclusion Through practicality, with the drastic and effective implementation of other measures on post-supervision activities (such as the review of the implementation of supervisory resolutions in the middle of the term and the end of the term; taking votes, vote on confidence, innovate questioning activities ) most of the following conclusions are supervised by agencies, organizations and individuals and related agencies and organizations take the more interested, actively directed, researched and implemented, even issued new documents or revised relevant legal documents at the request of the agency organizing the explanation, creating a very positive change pole However, the implementation of conclusions, besides the responsibility of the agency under supervision, also depends on the quality of the conclusions; in the position and role of the supervisory agency (the conclusion of the Standing Committee of the National Assembly or of the Council, Committee); It depends on the watchdog's interest in monitoring and supervising the implementation and depending on the sanctions if the requirements are not fulfilled 3.3.3 For the implementation of monitoring conclusions in the form of petitions In general, many post-surveillance recommendations have been supervised by agencies, organizations and individuals, and strictly implemented by relevant agencies, organizations and individuals, meeting the requirements of the supervising subjects However, there are many petitions that have not been implemented or implemented in time or inadequately, especially the supervisory proposals of the Council, Committees of the National Assembly, National Assembly delegation and delegates Many National Assembly delegations complained that, after monitoring their petitions, they sent ministries and agencies long ago but were not responded to, nor did they know what to next; On the other hand, psychologically, many petitions are not too big a problem so many agencies are also afraid to face ministries and agencies to come to the same problem 3.4 General assessment of the issuance and implementation of the supervisory conclusions of the National Assembly 3.4.1 Achievements - For post-supervising activities of the National Assembly and the Standing Committee of the National Assembly: these are the two subjects that are regulated to issue resolutions after supervision; in which, the National Assembly's resolution 19 is the result of the supreme supervision of the National Assembly; Resolution of the Standing Committee of the National Assembly is a resolution of the standing body of the National Assembly - Post-supervision activities of the Standing Committee of the National Assembly, the National Council, and the Committees of the National Assembly in recent years have been carried out regularly, with many clear changes, strictly implemented according to regulations law The National Assembly's agencies have conducted comprehensive monitoring of all fields; pay attention to renew the content and form of supervision, there is a combination of thematic supervision and regular supervision - National Assembly delegates and National Assembly delegations have made great efforts in supervising local law enforcement Through supervision, many quality proposals have been considered and considered by the ministries, branches, central and local agencies 3.4.2 Limitations and causes a Limitations - There are many supervisory conclusions that are general and unclear about the objectives, targets, deadlines and responsibilities that the subject subject to supervision must perform - Many resolutions, conclusions and recommendations after supervision are not strictly supervised by the agencies, organizations and individuals, not fully implemented or implemented formally - Monitoring and supervising the implementation of supervisory conclusions have not been given due attention, not yet done much, still formally, b The cause of the limitations - Regarding the provisions of the law for post-supervision activities are general, inconsistent, synchronous and comprehensive - For some supervisory activities, the supervising subjects have not performed well their roles and responsibilities; some supervising activities, the promulgation of resolutions has not yet enforced regulations, so the issuance of this document depends on the subjective will of the leaders, reducing the legal validity after supervision; - There are many agencies, organizations and individuals subject to supervision as well as related agencies, organizations and individuals who have not 20 promoted their responsibilities in implementing resolutions, conclusions and recommendations about supervising - The National Assembly, agencies of the National Assembly and especially National Assembly delegates have not spent much time to supervise, urge and supervisory agencies, organizations and individuals subject to the implementation of resolutions, conclusions and recommendations on supervision 3.4.3 Lessons and issues - The Party's leadership on supervision activities; The more awareness of the role and the importance of monitoring are, the higher the monitoring effect - The more complete legal basis are, the higher the supervisory effect is Obviously, with the goal of building a Rule of Law State, the foundation for all activities of the State must be law - The role of the leaders of agencies, both supervisory and supervised agencies, is very important in ensuring the effective implementation of postsupervising resolutions, conclusions and recommendations - The more clearly, the more powerful, the more serious the sanctions are, the higher the supervisory effect is Actual implementation and summary of the implementation of the Supervision Law clearly show this - The direction of the Standing Committee of the National Assembly is very important in ensuring the effectiveness and efficiency of post-supervision activities According to the law, the Standing Committee of the National Assembly is the standing body of the National Assembly - The more complete of the advisory part and professionally organized, effective and effective organization, the higher the effectiveness of the supervision - Guaranteed conditions are important supporting factor to organize supervision and implementation of effective supervisory conclusions CHAPTER VIEWPOINTS AND SOLUTIONS TO IMPROVE THE EFFECTIVENESS AND EFFICIENCY OF SUPERVISORY CONCLUSION IN THE NATIONAL ASSEMBLY OF VIETNAM 4.1 Viewpoints on improving the effectiveness and efficiency of the implementation of supervisory conclusions of the National Assembly 4.1.1 Strengthening the leadership of the Party, political determination in supervising and implementing the conclusions of the National Assembly 21 4.1.2 Ensuring the requirements of the process of building a Socialist Ruleof-Law State 4.1.3 Improving the effectiveness and efficiency of the implementation of supervisory conclusions of the National Assembly must be associated with comprehensive reforms of the organization and operation of the National Assembly 4.1.4 Ensuring compliance with legal authority, strengthening control capacity, post-supervising and evaluating the performance of supervisory conclusions of those supervised subjects 4.1.5 Ensuring to meet the globalization trend and challenges of innovation and integration 4.1.6 Ensuring overcoming weaknesses and shortcomings in implementing the supervisory conclusions of the National Assembly 4.2 Some solutions to improve the effectiveness and efficiency of the implementation of supervisory conclusions of the current National Assembly of Vietnam 4.2.1 Nhóm giải pháp đổi quan điểm nhận thức kết luận giám sát Quốc hội Việt Nam - Innovating awareness of position, role of supervising conclusions and factors to ensure implementation of supervisory conclusions of the National Assembly - Distinguishing the supervisory and operating activities to ensure the implementation of supervisory conclusions, to confirm the position of the National Assembly in the mechanism of supervision and power of the State in general 4.2.2 Solutions to improve the law on supervisory conclusions of the National Assembly of Vietnam - Supplementing specific provisions on the rights and responsibilities of supervisory entities, those subject to supervision and especially the subject responsible for implementing supervisory conclusions - Specifying the sanctions to ensure the effectiveness of supervision and enforcement of supervisory conclusions of the National Assembly - Perfecting the content, form and sequence of procedures for issuing supervisory conclusions of the National Assembly - Renovating processes and procedures for supervising the implementation of supervisory conclusions of the National Assembly of Vietnam 22 4.2.3 Solutions on organizing the implementation of supervisory conclusions of the National Assembly of Vietnam - Enhance the effectiveness of using supervisory tools in ensuring the implementation of supervisory conclusions of the National Assembly - Establishing and promoting the operational efficiency of agencies supporting the supervisory activities and ensuring the implementation of the supervisory conclusions of the National Assembly - Promoting the role of Associations and mass media in activities of supervising and enforcing supervisory conclusions of the National Assembly - Realizing a number of processes and procedures to ensure the implementation of the supervisory conclusions of the National Assembly 4.2.4 Solutions to ensure conditions for the implementation of supervisory conclusions of the National Assembly - Improving status, working conditions and increasing motivation and supervisory capacity of National Assembly Delegates - Strengthening the quality of information and research services in service of supervision and enforcement of the National Assembly's conclusions - Strengthening to ensure material-technical conditions, assisting apparatus to monitor and enforce supervision conclusions of the National Assembly 23 CONCLUSION When studying the supervisory function of the National Assembly in general and the supervisory conclusions of the National Assembly in particular, the finding and proposing solutions to improve the effectiveness and efficiency of the conclusion of supervision and operation conclusions monitoring are inevitable Through research and reference some related documents, the author has generalized some theoretical and practical issues about the conclusions of the National Assembly Thereby pointing out the achievements, limitations, existence and its causes The effectiveness and effectiveness of supervision depends on ensuring the implementation of the supervisory conclusions of the National Assembly In addition to the general orientations that the Party and State documents mentioned, the thesis focuses on researching and proposing solutions on the model of supervisory conclusing implementation in accordance with principles of a Socialist Rule-of-Law State, legal solutions, solutions to procedural processes, increasing the efficiency of using supervisory and post-supervisory tools as well as strengthening the conditions to ensure implementing supervisory conclusions of the National Assembly of Vietnam Contributing to enhancing the position of the National Assembly in the system of State Agencies, strengthening activities to protect the Constitution and Laws; protecting Legitimate rights and interests of the People; strengthen the trust of the People in their Representations 24 LIST OF WORKS PUBLISHED BY AUTHOR Nguyen Xuan Thuy, 2018, Some solutions to improve the law and ensure the implementation of supervisory conclusions of the National Assembly of Vietnam, Journal of Inspection, Government Inspectorate, No 10 - 2018, page 44 Nguyen Xuan Thuy, 2018, Regulations of some countries on the mechanism of enforcement of supervisory rights of the National Assembly, Journal of Internal Science, No 27, Nov 2018, page 93 Nguyen Xuan Thuy, 2019, Limited shortcomings and lessons learned in ensuring the implementation of supervisory conclusions of the National Assembly, Journal of Social Sciences Human Resources, Academy of Social Sciences, March (70) 2019, page 22 Nguyen Xuan Thuy, 2019, Factors and conditions to ensure implementation of monitoring conclusions of the National Assembly of Vietnam, Journal of Internal Science, No 29, March 2019, page 14 Nguyen Xuan Thuy, 2018, "Strengthening the effectiveness of the National Council, Committees of the National Assembly in the verification of Law projects, Ordinances", Proceedings of Scientific Conference "Factors to ensure quality and operational efficiency of the National Council, the Committees of the National Assembly - Current situation and solutions", Legislative Research Institute, Hanoi, August 31, 2018 Nguyen Xuan Thuy, 2018, "Some solutions to improve the activities of the National Assembly Delegates concurrently", Proceedings of Scientific Conference "Completing the law on concurrent National Assembly Delegates", Legislative Research Institute, Hanoi, 16 / 11/2018 25 ... supervisory conclusions of the current National Assembly of Vietnam 4.2.1 Nhóm giải pháp đổi quan điểm nhận thức kết luận giám sát Quốc hội Việt Nam - Innovating awareness of position, role of supervising... Committees of the National Assembly; In case of failure to implement or incomplete implementation, the National Council and Committee of the National Assembly report to the Standing Committee... Committee and Committee of the National Assembly propose to the National Assembly chairman to request such agencies, organizations and individuals to answer at the meeting of the Standing Committee