Resolution No. 31/2023/UBTVQH15 stipulates and guides certain provisions of the Rules of Procedure of the National Assembly sessions.

RESOLUTION

Regulations and Guidelines on Certain Provisions of the Rules of Procedure for National Assembly Sessions

THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY

On the basis of the Constitution of the Socialist Republic of Vietnam;

BASED ON THE LAW ON THE ORGANIZATION OF THE NATIONAL ASSEMBLY NO. 57/2014/QH13, AS AMENDED BY SOME ARTICLES IN LAW NO. 65/2020/QH14;

Pursuant to the Law on Legislative Regulatory Documents No. 80/2015/QH13, which has been amended and supplemented by some articles according to Law No. 63/2020/QH14;

Pursuant to the Rules of Procedure for National Assembly Sessions issued together with Resolution No. 71/2022/QH15 dated November 15, 2022 of the National Assembly;

RESOLUTION:

Chapter I GENERAL PROVISIONS

This Resolution stipulates and guides Clause 3 Article 1; Clause 3 Article 14; Clause 6 Article 29; Point d Clause 1, Clause 2 and Point c Clause 3 Article 30; Clause 8 Article 42 of the Rules of Procedure for National Assembly Sessions issued together with Resolution No. 71/2022/QH15 of the National Assembly.

This Resolution applies to agencies, organizations, and individuals related to organizing extraordinary sessions; organizing sessions through online meetings or a combination of in-person and online meetings; preparing personnel files to be submitted to the National Assembly and conducting voting on personnel matters at National Assembly sessions, electing the Chairperson and Deputy Chairperson of Delegations of National Assembly Members.

1. In cases where the President of the State or the Prime Minister requests the organization of an extraordinary session, they shall send a document clearly stating the necessity, content, and proposed date of the extraordinary session along with relevant files and materials if the proposed content falls within their responsibility to prepare, to the Standing Committee of the National Assembly at least seven days before the proposed date of the extraordinary session, except for files and materials related to personnel work. The proposed date of the extraordinary session must be at least one day prior to the opening date of the next regular session.

2. In cases where National Assembly members request the organization of an extraordinary session:

a) National Assembly members shall send a document clearly stating the necessity, content, and proposed date of the extraordinary session to the Standing Committee of the National Assembly. The request for the organization of an extraordinary session may be jointly made and signed by one or more National Assembly members.

c) The Standing Committee of the National Assembly shall convene an extraordinary session when at least one-third of the total number of National Assembly members jointly request it regarding the same content.

3. In cases where the Standing Committee of the National Assembly requests the organization of an extraordinary session, it shall propose the content and time of the extraordinary session for reporting to the National Assembly.

1. When the Standing Committee of the National Assembly itself requests or receives a request from the President of the State, the Prime Minister, or at least one-third of the total number of National Assembly members regarding the organization of an extraordinary session, the Standing Committee of the National Assembly has the responsibility to request relevant agencies, organizations, and individuals to prepare the content and submit files and materials to the National Ethnic Council and the Committees of the National Assembly for review of that content and to present them to the Standing Committee of the National Assembly for consideration and comments before presenting them to the National Assembly at the session. In the request, the Standing Committee of the National Assembly shall specify the deadline for agencies, organizations, and individuals to submit files to the National Assembly's agencies and members.

2. When reviewing files and materials submitted for the extraordinary session, the National Ethnic Council and the Committees of the National Assembly have the responsibility to clearly express their views on the conditions and quality of the files and materials.

3. Based on the examination of files and materials submitted by competent authorities, the review opinions of the National Ethnic Council and the Committees of the National Assembly, the Standing Committee of the National Assembly decides on convening the extraordinary session.

The procedures and formalities for examining and deciding on contents at extraordinary sessions; the files and documents of extraordinary sessions; information about extraordinary sessions shall be carried out in accordance with the provisions on sessions under the Law on the Organization of the National Assembly, the Law on Enacting Legal Normative Documents, the Law on the Supervisory Activities of the National Assembly and People's Councils, the Rules of Procedure of the National Assembly's Sessions, and other relevant laws.

Chapter III ORGANIZATION OF NATIONAL ASSEMBLY SESSIONS IN THE FORM OF ONLINE MEETINGS OR A COMBINATION OF IN-PERSON AND ONLINE MEETINGS

Article 6. Forms of Organizing National Assembly Sessions

1. The form of in-person meetings is conducted with the direct participation of all National Assembly deputies at one location.

Based on actual circumstances, the Secretary-General of the National Assembly - Head of the National Assembly Office advises the Standing Committee of the National Assembly to decide on organizing online meetings in another manner.

3. The form combining in-person and online meetings is implemented when the session includes periods organized in the form of in-person meetings and periods organized in the form of online meetings.

Article 7. National Assembly Deputies Participating in Sessions at Online Meeting Venues

1. National Assembly deputies participate in the session at the venue as decided by the Standing Committee of the National Assembly, except in cases provided for in Clause 2 and Clause 3 of this Article.

2. National Assembly deputies who work regularly in Hanoi participate in the session at the main venue in Hanoi, except in cases where the Standing Committee of the National Assembly has decided otherwise.

Article 8. Persons Invited to Attend and Listen to Sessions of the National Assembly Organized in the Form of Online Meetings

1. Persons invited to attend and listen to sessions of the National Assembly organized in the form of online meetings shall comply with the provisions of the Rules of Procedure of the National Assembly's Sessions.

3. Persons invited to attend and listen to sessions of the National Assembly must comply with the provisions of the Rules of Procedure of the National Assembly's Sessions and the direction of the chairperson of the session and the person responsible for managing the venue.

Article 9. Responsibilities of the Head of the Delegation of National Assembly Members in Preparing for the Session Held via Online Meeting

1. The Head of the Delegation of National Assembly Members shall have the following responsibilities:

b) Organize and manage the activities of the Delegation of National Assembly Members at their respective meeting points in accordance with the Rules of Procedure of the National Assembly session and other relevant regulations;

c) Decide on the list of persons invited to attend at their respective meeting points in accordance with the regulations, suitable to the content and conditions of the online meeting point;

d) Coordinate with the Head of the Delegation of National Assembly Members assigned to manage the meeting point to establish the list of persons invited to attend that meeting point when multiple Delegations of National Assembly Members participate in the session at the same meeting point.

3. In cases where multiple Delegations of National Assembly Members participate in the session at the same meeting point, the Standing Committee of the National Assembly will assign one Head of the Delegation of National Assembly Members to manage that meeting point.

Article 10. Conditions for Ensuring the Session Organized via Online Meeting

1. The National Assembly Office shall take the lead and coordinate with relevant agencies in ensuring the online meeting system meets requirements; ensuring material, technical, security, safety, and other necessary conditions to serve the organization of the session held via online meeting.

2. The ceremonial decoration of the online meeting room shall be carried out according to Model 1 of the Appendix attached to this Resolution.

c) An assessment and comment on the last three years by the Party committee, Party organization, leadership collective of the agency or unit of the authority with the right to assess regarding: moral character, lifestyle, organizational discipline awareness, internal unity; work capacity and results of fulfilling assigned responsibilities, clearly showing specific products, work achievements, limitations, shortcomings, violations (if any) of the introduced individual during their work period; reputation and prospects for development;

d) Assessment and comment by the Party branch, Party committee of the workplace;

đ) Comment by the Party committee of the place of residence regarding the introduced individual and their family;

e) Conclusion by the authority with the right to assess on the political criteria of the introduced individual according to the regulations of the Politburo on protecting internal political security of the Party;

g) Declaration of assets and income according to the current form of the Government on asset declaration;

h) Copies of certificates and diplomas on professional qualifications, vocational training, theoretical politics... confirmed by the competent authority. For certificates issued by foreign educational institutions, there must be certification by a unit authorized by the Ministry of Education and Training;

i) Health examination certificate issued by a medical facility authorized to issue such certificates.

The documents specified in points a, b, c, d, đ, g, and i of this clause must be prepared no more than six months prior to the date of consideration.

2. In cases where the individual introduced as stipulated in Clause 1 of this Article is not a Party member, the personnel file includes:

a) Documents specified in points a, b, g, h, and i of Clause 1 of this Article;

b) An assessment and comment on the last three years by the leadership collective of the agency or unit managing the introduced individual regarding: moral character, lifestyle, organizational discipline awareness, internal unity; work capacity and results of fulfilling assigned responsibilities, clearly showing work achievements, limitations, shortcomings, violations (if any); reputation and prospects for development, except for the case specified in point c of this clause;

c) In cases where the introduced individual is not under the management of any agency or organization, there must be a comment and evaluation form of the local government where the individual resides according to Model 3 attached to this Resolution.

The documents specified in points b and c of this clause must be prepared no more than six months prior to the date of consideration.

3. In cases where a candidate nominated by National Assembly delegates or self-nominated for a position elected by the National Assembly, the file must be sent to the Standing Committee of the National Assembly at least two days before the date of considering the personnel matter, including:

a) Nomination letter;

b) Introduction letter from National Assembly delegates in cases where additional candidates are nominated outside the list;

c) Documents specified in Clause 1 or Clause 2 of this Article;

d) For candidates who are Party members but do not hold positions in Party, State agencies, political-social organizations, there must be a consent letter from the Party branch or grassroots Party committee where the candidate participates. For candidates who are Party members currently holding positions in Party, State agencies, political-social organizations, public service units, state-owned enterprises, or have retired, there must be a consent letter from the competent authority and the higher-level Party committee of the grassroots Party branch or grassroots Party committee where the candidate participates.

4. The dossier submitted to the National Assembly regarding individuals who are relieved of their duties as National Assembly deputies or are dismissed from their positions as National Assembly deputies shall include:

a) The resignation letter of the National Assembly deputy in cases where they request to be relieved of their duties as a National Assembly deputy;

b) The report of the competent authority or individual;

c) Draft Resolution;

e) Opinion documents of the National Assembly delegation where the National Assembly deputy is currently participating.

5. The dossier submitted to the National Assembly regarding the removal, dismissal, approval of the proposal to remove, or removal from office of individuals holding positions elected or approved by the National Assembly shall include:

a) The report of the competent authority or individual;

b) Draft Resolution;

c) Disciplinary document or opinion document of the competent authority.

Article 12. Rules for Secret Ballot Voting

1. National Assembly members shall receive ballots issued by the Vote Counting Board and record their votes according to the instructions of the Vote Counting Board. During the voting process, if they make a mistake or for other reasons, National Assembly members may exchange their ballots.

2. National Assembly members shall personally deposit their ballots into the ballot box according to the instructions of the Vote Counting Board.

3. After National Assembly members have completed their voting, the Head of the Vote Counting Board shall announce the number of ballots issued and the number of ballots returned to proceed with vote counting.

4. The Vote Counting Board shall determine valid and invalid ballots according to the guidelines for each ballot type in the Appendix attached to this Resolution; count the votes; prepare minutes and report to the National Assembly the results of vote counting and the outcome of secret ballot voting.

Article 13. Ballot Forms

1. The ballot form for election/approval; removal/dismissal/approval of removal/proposal for dismissal of individuals holding positions elected/approved by the National Assembly; resignation from duties as a National Assembly member, dismissal of a National Assembly member shall be implemented according to Model 4 of the Appendix attached to this Resolution.

The form of trust vote ballot and secret ballot for trust votes shall be implemented in accordance with the provisions of the Resolution on taking trust votes and secret ballots for individuals holding positions elected or approved by the National Assembly and People's Councils.

The form of secret ballot for other contents shall be implemented according to Model 5 attached as an appendix to this Resolution.

2. In cases where the National Assembly conducts multiple ballots simultaneously, the ballots shall be printed on paper of different colors.

3. The content of the ballot regarding personnel must clearly state the name of the individual being voted on by the National Assembly. In cases where the ballot lists multiple individuals, they shall be arranged according to the following principles:

a) According to the order of the agency name as stipulated in the Constitution or laws on specialized organizational structure in cases where the ballot lists multiple individuals associated with a position and agency name;

b) According to alphabetical order in cases where there are multiple individuals for a single position.

Article 14. Voting record sheets, voting result minutes for secret ballot, sealing minutes for ballots

1. Voting record sheets, voting result minutes shall be made in three copies and reported publicly to the National Assembly by the Head of the Voting Supervision Board. The format of the minutes shall be as follows:

a) Voting record sheets for election, approval; removal from office, dismissal, approval of resignation request, demotion of persons holding positions elected or approved by the National Assembly; termination of duties as a National Assembly delegate, dismissal of National Assembly delegates shall be carried out according to Models 6.1, 6.2, 6.3, 6.4, 6.5, and 6.6 attached to this Resolution;

b) Voting result minutes for trust votes, confidence votes shall be carried out according to Model 6.7 attached to this Resolution;

c) Voting result minutes for secret ballot on other contents shall be carried out according to Model 6.8 attached to this Resolution.

2. After completing the vote counting process, the Voting Supervision Board shall seal all ballots and prepare sealing minutes. Sealing minutes shall be carried out according to Model 7 attached to this Resolution.

Article 15. Forms of documents in the election of the Chairperson and Deputy Chairperson of the National Assembly Delegation

1. Ballots for electing the Chairperson and Deputy Chairperson of the National Assembly Delegation shall be carried out according to Model 8 attached to this Resolution.

2. Meeting minutes of the National Assembly Delegation, voting record sheets for electing the Chairperson and Deputy Chairperson of the National Assembly Delegation shall be prepared in three copies. The format of the minutes shall be as follows:

a) Meeting minutes of the National Assembly Delegation shall be carried out according to Model 9 attached to this Resolution;

b) Voting record sheets for electing the Chairperson and Deputy Chairperson of the National Assembly Delegation shall be carried out according to Model 10 attached to this Resolution.

3. Petition requesting the Standing Committee of the National Assembly to approve the results of the election of the Chairperson and Deputy Chairperson of the National Assembly Delegation shall be carried out according to Model 11 attached to this Resolution.

Chapter V IMPLEMENTATION PROVISIONS

Article 16. Effective Date

This Resolution takes effect from March 15, 2023.

This Resolution was adopted by the Standing Committee of the National Assembly of the Socialist Republic of Vietnam, Session 20, on February 14, 2023.