Resolution No. 35/2012/QH13 On the matter of confidence votes and no-confidence votes for individuals holding positions elected or approved by the National Assembly or People's Councils

RESOLUTION

Regarding taking confidence votes, casting confidence votesAt the request of the Inspectorate of theconfidence voteconfidence holding positions elected or approved by

the National Assembly, Training ProfessionPeople's Councils, Hthe People's Councils.

______________________

THE NATIONAL ASSEMBLY OF THE SOCIALIST REPUBLIC OF VIETNAM

||| on the basis of the Constitution of the Socialist Republic of Vietnam in 1992 as amended and supplemented by Resolution No. 5a of the 10th National Assembly number dated December 22, 20011/2001/and further amended and supplemented by Law No. 83/2007/QH13;

Pursuant to the Law TThe Director of the Office, the Head of the Banking Inspection and Supervision Agency, the Heads of units under the State Bank of Vietnam, and commercial banks are responsible for organizing the implementation of this Circular. Article 24on the organization of the National Assembly and the People's Councils and the Government No. 11/2003/QH111/QH15 dated July 28, 2021 of the 15th National Assembly on approving the investment plan for the National Target Program on New Rural Development for the period 2021-2025;10 This Resolution stipulates the procedures for taking confidence votes and casting confidence votes against those holding positions elected or approved by the National Assembly or People's Councils as specified in Clause 2 and Clause 3 of this Article.The Minister of Industry and Trade issues this Circular to issue the National Technical Regulation on Safety for Industrial Explosive Products - TNP1 Explosives.The National Assembly takes confidence votes and casts confidence votes against the following persons:11;

Pursuant to the Law TPresident of the State, Vice President of the State;11;

RESOLUTION:

Article 1. Scope of Regulation and Applicability

1. Chairman of the National Assembly, Vice Chairmen of the National Assembly, Chairman of the National Ethnic Council, Chairmen of the Standing Committees of the National Assembly, other members of the Standing Committee of the National Assembly;

2. Prime Minister, Deputy Prime Ministers, Ministers,

a) other members of the Government;

b) Chairman of the Supreme People's Court, Prosecutor General of the Supreme People's Procuracy, State Auditor General.

c) People's Councils take confidence votes and cast confidence votes against the following persons:energyChairmen of People's Councils, Vice Chairmen of People's Councils, permanent members of People's Councils, Heads of Committees of People's Councils;

d) Chairmen of People's Committees, Vice Chairmen of People's Committees, other members of People's Committees.

3. In this Resolution, the following terms shall be understood as follows:

a) Chairperson Association Taking confidence votes Association refers to the National Assembly or People's Councils surveying the level of confidence in individuals holding positions elected or approved by the National Assembly or People's Councils as a basis for assessing and utilizing personnel by competent authorities.

b) Casting confidence votes

Article 2. Interpretation of Terms

refers to the National Assembly or People's Councils expressing their confidence or lack thereof in individuals holding positions elected or approved by the National Assembly or People's Councils as a basis for removing, dismissing, or approving the removal or dismissal of individuals not trusted by the National Assembly or People's Councils.Taking confidence votes and casting confidence votes aim to enhance the effectiveness of oversight activities by the National Assembly and People's Councils; help individuals subject to confidence votes understand their level of trust to strive for improvement and enhancement of work quality and effectiveness; serve as a basis for competent authorities to assess, utilize, and deploy personnel.

1. Taking confidence votes Ensuring the rights of National Assembly deputies and People's Council deputies in taking confidence votes and casting confidence votes; respecting the right of individuals subject to confidence votes to report and explain.

2. Transparency, fairness, democracy, objectivity; ensuring accurate assessment of actual performance of duties Total: Million VNDpowers and political qualities, moral character, lifestyle of individuals subject to confidence votes. Emphasizing the responsibility of National Assembly deputies and People's Council deputies; ensuring the standards for individuals holding positions elected or approved by the National Assembly or People's Councils; ensuring stability and effectiveness of state machinery operations and Party leadership in personnel matters.

Confidence votes and trust votes aim to enhance the effectiveness and efficiency of the National Assembly and People's Council's supervisory activities; improve the quality and efficiency of state machinery operations; help individuals subject to confidence votes and trust votes understand their level of trust to strive, train, and improve the quality and efficiency of their work; serve as a basis for competent authorities to evaluate and assess cadres.

The criteria for evaluating the level of confidence in individuals holding positions elected or approved by the National Assembly or People's Councils include:confidence Performance of duties and powers;, Political qualities, moral character, lifestyle.

1. Ensuring the rights and emphasizing the responsibilities of National Assembly deputies and People's Council deputies in conducting confidence votes and trust votes; respecting the right to report and explain of individuals subject to confidence votes and trust votes.

1. Ensure the rights of National Assembly deputies and People's Council members in conducting confidence votes; respect the right to report and explain of those subject to confidence votes.

2. Transparency, fairness, democracy, objectivity; ensure an accurate assessment of the actual results of duty performance., powers and political qualities, morality, lifestyle of those subject to confidence votes. For power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract.valid.

3. Emphasize the responsibility of National Assembly deputies and People's Council members; ensure the standards for individuals holding positions elected or approved by the National Assembly or People's Council; ensure the stability and effectiveness of state machinery operations, Party leadership in cadre work.

Article 5. Basis for assessing the level of trustworthiness

The basis for evaluating confidence levels for individuals holding positions elected or approved by the National Assembly or People's Council includes:

1. Results of duty performance and powers exercised;

2. Political qualities, morality, lifestyle.

Article 6. Responsibilities of agencies, organizations, and individuals in conducting confidence votes

1. The National Assembly and People's Councils shall regularly organize confidence votes for persons holding positions elected or approved by the National Assembly and People's Councils, ensuring that they are conducted with the correct subjects, principles, deadlines, and procedures as stipulated in this Resolution.

2. Members of the National Assembly and People's Councils have the responsibility to participate in confidence votes during sessions of the National Assembly and People's Councils. gThey must carefully, objectively, and impartially consider when expressing their confidence in persons holding positions elected or approved by the National Assembly and People's Councils.

3. Persons subject to confidence votes must truthfully report on the performance of assigned tasks and powers, political qualities, ethics, lifestyle, and provide comprehensive explanations for all contents requested by members of the National Assembly and People's Councils.

4. The Vietnam Fatherland Front Central Committee and Vietnam Fatherland Front Committees at various levels must collect and compile timely opinions and proposals from voters related to persons holding positions elected or approved by the National Assembly and People's Councils (if any), and submit them to the National Assembly and People's Councils during their sessions.

5. Agencies, organizations, and individuals may not exploit confidence votes to campaign or engage in unlawful actions that influence members of the National Assembly and People's Councils.

Article 7. Deadline and timing for organizing trust votes

The National Assembly and People's Councils shall conduct regular annual confidence votes starting from the second year of their term; specifically, for the term 2011-2016, the first confidence vote was held at the beginning of the session in 2013.

Article 8. Procedures for Conducting Confidence Votes During Sessions of the National Assembly

The procedures for conducting confidence votes during sessions of the National Assembly are as follows:

1. Persons subject to confidence votes as specified in Clause 2 of Article 1 of this Resolution must submit a written report on the implementation of the contents stipulated in Article 5 of this Resolution in the previous year. The report must be sent to the Standing Committee of the National Assembly no later than 30 days before the opening of the National Assembly session.gThe Standing Committee of the National Assembly sends the report of the person subject to confidence votes and the report compiling and summarizing the opinions and proposals of voters related to the person subject to confidence votes from the Vietnam Fatherland Front Central Committee (if any) to the members of the National Assembly no later than 20 days before the opening of the National Assembly session;

DECREES:y No later than 10 days before the National Assembly conducts the confidence vote, members of the National Assembly may send a written request to the person subject to confidence votes to clarify further the contents within the basis for assessing the level of confidence as stipulated in Article 5 of this Resolution. The person subject to confidence votes has the responsibility to respond in writing to the request made by the member before the confidence vote;

2. The National Assembly conducts confidence votes by secret ballot. On the ballot, the full name and position of each person subject to confidence votes, along with the levels "high confidence," "confidence," and "low confidence" are clearly marked;

3. The National Assembly establishes a Ballot Counting Board. The establishment, duties, and powers of the Ballot Counting Board are regulated in Article 31 of the Rules of Procedure for National Assembly Sessions;

4. The National Assembly conducts confidence votes by secret ballot.g The ballot contains the full name and position of each person subject to confidence votes, along with the levels "high confidence," "confidence," and "low confidence;"

5. The Ballot Counting Board announces the results of the ballot counting for each person subject to confidence votes;

6. The National Assembly examines and approves a Resolution on conducting confidence votes for persons holding positions elected or approved by the National Assembly according to the proposal of the Standing Committee of the National Assembly.

Article 9. Procedure for Confidence Voting at the Session of the People's Council

The procedure for confidence voting at the session of the People's Council shall be regulated as follows:

1. The person subject to confidence voting as stipulated in Clause 3, Article 1 of this Resolution shall submit a written report on the implementation of the contents prescribed in Article 5 of this Resolution in the previous year. The report must be sent to the Standing Committee of the People's Council no later than 20 days before the opening date of the People's Council session.

The Standing Committee of the People's Council shall send the report of the person subject to confidence voting and the report compiling and summarizing the opinions and suggestions of voters related to the person subject to confidence voting from the Vietnam Fatherland Front Committee at the same level (if any) to the People's Council deputies no later than 10 days before the opening date of the People's Council session;

2. No later than three days before the opening date of the People's Council session, the People's Council deputies may send a written request to the person subject to confidence voting to clarify further the contents within the basis for assessing confidence as prescribed in Article 5 of this Resolution. The person subject to confidence voting shall have the responsibility to reply in writing to the request raised by the deputy before the confidence voting;

3. The People's Council shall establish a Ballot Counting Board. The establishment, tasks, and powers of the Ballot Counting Board shall be regulated in Article 13 of the Operation Regulation of thea People's Council;

4. The People's Council shall conduct confidence voting by secret ballot. On the ballot, there shall be clearly printed the full name and position of the persons subject to confidence voting, and the levels: "high confidence", "confidence", "low confidence";filial piety Clearly state the names, positions of those subject to confidence votes, and the levels: "high confidence", "confidence", "low confidence";

5. The Ballot Counting Board announces the results of the ballot counting for each person subject to confidence votes;

6. The People's Council shall examine and adopt a Resolution on confidence voting against those holding positions elected by the People's Council upon the proposal of the Standing Committee of the People's Council.

Article 10. Consequences for the Person Evaluated with "Low Confidence" by the National Assembly, People's Council For power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract.If the person subject to confidence voting receives "low confidence" from more than half of the total number of National Assembly deputies or People's Council deputies, they may request resignation. If the person receives "low confidence" from more than two-thirds of the total number of National Assembly deputies or People's Council deputies, or if they receive "low confidence" from more than half of the total number of National Assembly deputies or People's Council deputies for two consecutive years, then the Standing Committee of the National Assembly or the Standing Committee of the People's Council shall propose to the National Assembly or People's Council to conduct confidence voting according to the provisions of Articles 12 and 13 of this Resolution.

If more than half of the National Assembly deputies or People's Council members rate an individual as "low confidence", that person may request resignation. If more than two-thirds of the National Assembly deputies or People's Council members rate an individual as "low confidence" or if for two consecutive years more than half of the National Assembly deputies or People's Council members rate an individual as "low confidence", then the Standing Committee of the National Assembly or the Standing Body of the People's Council will submit the matter to the National Assembly or People's Council for a confidence vote according to Article 12 and Article 13 of this Resolution.

Article 11. Situations for Confidence Voting

1. The Standing Committee of the National Assembly shall propose to the National Assembly to conduct confidence voting against the person holding a position elected or approved by the National Assembly as stipulated in Clause 2, Article 1 of this Resolution in the following cases:

a) Upon the proposal of the Standing Committee of the National Assembly;

b) There is a written petition from at least 20% of the total number of National Assembly deputies;

c) There is a petition from the Ethnic Council or the Committee of the National Assembly;

d) The person subject to confidence voting has received "low confidence" from more than trinto two parts btwo-thirds

d) The person subject to confidence voting has received "low confidence" from more than half of the total number of National Assembly deputies for two consecutive years.

2. The Standing Committee of the People's Council shall propose to the People's Council to conduct confidence voting against the person holding a position elected as stipulated in Clause 3, Article 1 of this Resolution in the following cases: bImplement the provisions of Clause 3, Article 1 of this Resolution in the following cases:

a) There is a written petition from at least one-third of the total number of People's Council deputies;

b) There is a petition from the Vietnam Fatherland Front Committee at the same level;

c) The person subject to confidence voting has received "low confidence" from more than two-thirds of the total number of People's Council deputies;

d) The person subject to confidence voting has received "low confidence" from more than half of the total number of People's Council deputies for two consecutive years.

Article 12. Procedure for Confidence Vote on Individuals Elected or Approved by the National Assembly

The procedure for confidence vote on individuals elected or approved by the National Assembly shall be as follows:

1. The Standing Committee of the National Assembly shall present to the National Assembly for a confidence vote on individuals elected or approved by the National Assembly at the session of the National Assembly;

2. The individual subject to the confidence vote has the right to express their opinion before the National Assembly;

3. the National Assembly organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.Discussion within the Delegation of National Assembly Members;

4. In case of necessity, the Chairman of the National Assembly shall convene meetings with the Heads of Delegations of National Assembly Members to exchange views on related issues;

5. The Standing Committee of the National Assembly shall report to the National Assembly the results of discussions within the Delegation of National Assembly Members;

6. The National Assembly establishes a Ballot Counting Board. The establishment, duties, and powers of the Ballot Counting Board are regulated in Article 31 of the Rules of Procedure for National Assembly Sessions;

7. The National Assembly shall conduct the confidence vote by secret ballot. On the ballot, the full name and position of the individual subject to the confidence vote, as well as the levels: "confidence" and "no confidence" shall be clearly marked;g The counting committee shall announce the results of the counting for the individual subject to the confidence vote;”;

8. The National Assembly shall examine and adopt the Resolution on the confidence vote on individuals elected or approved by the National Assembly according to the proposal of the Standing Committee of the National Assembly.

9. Article 13. Procedure for Confidence Vote on Individuals Elected by People's Councils

The procedure for confidence vote on individuals elected by People's Councils shall be as follows:

The Permanent Office of the People's Council shall present to the People's Council for a confidence vote on individuals elected by the People's Council at the session of the People's Council;

1. The individual subject to the confidence vote has the right to express their opinion before the People's Council; HThe People's Council shall discuss;

2. The People's Council shall establish a Counting Committee. The establishment, tasks, and powers of the Counting Committee shall be regulated in Article 3 of the Rules of Operation of the People's Council;

3. The People's Council shall conduct the confidence vote by secret ballot. On the ballot, the full name and position of the individual subject to the confidence vote, as well as the levels: "confidence", "no confidence" shall be clearly marked;

4. The People's Council shall examine and adopt the Resolution on the confidence vote on individuals elected by the People's Council according to the proposal of the Permanent Office of the People's Council. 1Article 14. Consequences for Individuals Not Trusted by the National Assembly or People's Council

5. If an individual subject to the confidence vote receives more than half of the total number of National Assembly Members or People's Council Members voting "no confidence", then the agency or person who introduced that individual to the National Assembly or People's Council for election or approval shall be responsible for presenting to the National Assembly or People's Council for examination and decision on removal, dismissal, or approval of removal from office for individuals not trusted by the National Assembly or People's Council.

6. The National Assembly shall examine and adopt the Resolution on the confidence vote on individuals elected or approved by the National Assembly according to the proposal of the Standing Committee of the National Assembly.

7. This Resolution takes effect from February 1, 2013.

Repeal Article 26 of the Ordinance on Implementing Democracy in Communes, Wards, and Towns No. 34/2007/PL-UBTVQH12.

In cases where other laws or resolutions of the National Assembly promulgated before this Resolution takes effect provide differently from the provisions of this Resolution, the provisions of this Resolution shall apply. HArticle 16. Guidance on Implementation

Article 15. Effective Date

1. The Standing Committee of the National Assembly shall guide the implementation of this Resolution. organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.This Resolution was adopted by the National Assembly of the Socialist Republic of Vietnam, the tenth term, fourth session, on November 21, 20.

2. Repeal Article 26 of the Ordinance on Implementing Democracy at Communes, Ward, and Towns No. 34/2007/PL-UBTVQH12.

3. In cases where other laws or resolutions adopted by the National Assembly before the effective date of this Resolution contain different provisions from those of this Resolution,y the provisions of this Resolution shall apply.

Article 16. Guidance on Implementation

The Standing Committee of the National Assembly shall provide guidance on implementing this Resolution.

This Resolution was passed by the National Assembly of the Socialist Republic of Vietnam, the tenth session, fourth meeting.IIINovember 21, 2012./.