Resolution No. 287/2002/NQ-UBTVQH10 on the implementation of certain points of the Resolution on amending and supplementing some articles of the 1992 Constitution

RESOLUTION

Regulations on the Implementation of Certain Points of the Resolution Amending and Supplementing Certain Articles of the 1992 Constitution

NATIONAL ASSEMBLY STANDING COMMITTEE

Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992, amended and supplemented by Resolution No. 51/2001/QH10 dated December 25, 2001 of the National Assembly, tenth session;

Based on the Law on the Organization of the National Assembly;

Pursuant to the Resolution of the Tenth Session of the Tenth National Assembly on the Legislative Program for 2002.

RESOLUTION:

1. From the date the Resolution amending and supplementing certain articles of the 1992 Constitution takes effect, state agencies under the Government that are currently performing state management functions in their respective sectors and fields shall not issue regulatory legal documents but shall continue to perform their duties and powers as prescribed by law. In cases of necessity, the Prime Minister may assign members of the Government to issue regulatory legal documents to implement state management over sectors and fields managed by state agencies under the Government.

Regulatory legal documents issued by state agencies under the Government before the date the Resolution amending and supplementing certain articles of the 1992 Constitution takes effect shall remain valid until such documents are revoked or replaced by other documents by competent state agencies.

2. From the date the Resolution amending and supplementing certain articles of the 1992 Constitution takes effect, the Supreme People's Procuracy, local People's Procuracies, and military People's Procuracies shall not perform the function of supervising compliance with laws by ministries, ministerial-level agencies, government agencies, local administrative bodies, economic organizations, social organizations, armed forces units, and citizens. The Chief Prosecutor of the Supreme People's Procuracy shall be responsible for directing the reorganization of the organizational structure, personnel arrangement, and ensuring the effective exercise of prosecution and supervision of judicial activities.

Supervisory activities concerning compliance with laws by ministries, ministerial-level agencies, government agencies, local administrative bodies, economic organizations, social organizations, armed forces units, and citizens that have been initiated prior to the date the Resolution amending and supplementing certain articles of the 1992 Constitution takes effect and have not yet concluded shall continue to be carried out by the Supreme People's Procuracy, local People's Procuracies, and military People's Procuracies, but must be completed no later than April 15, 2002. After April 15, 2002, if there are still objections or recommendations from the Supreme People's Procuracy, local People's Procuracies, and military People's Procuracies that have not been implemented or are being implemented, these agencies shall transfer such objections and recommendations along with relevant files and materials to the ministries, ministerial-level agencies, government agencies, People's Councils, People's Committees, and armed forces units for continued monitoring and urging implementation based on the nature and content of each case and according to the law.

The Supreme People's Procuracy, local People's Procuracies, and military People's Procuracies within their respective tasks and powers shall be responsible for organizing and archiving supervisory files in accordance with the law on archives.

3. The National Assembly's Ethnic Committee, the National Assembly's Committees, People's Councils, and the Standing Committees of People's Councils within their respective tasks and powers shall take measures to strengthen supervision of law enforcement as stipulated by the Constitution, laws, and other regulatory legal documents; the Government, ministries, ministerial-level agencies, and People's Committees at all levels within their respective tasks and powers shall take measures to strengthen inspection and auditing activities to ensure strict and consistent implementation of the Constitution and laws, and protect the interests of the State, the rights and legitimate interests of organizations and individuals.

4. The Government, the Supreme People's Procuracy, and relevant state agencies within their respective tasks and powers shall be responsible for implementing this Resolution.

The Government and the Supreme People's Procuracy shall provide guidance on the implementation of this Resolution.