Resolution No. 561/2013/UBTVQH13 guiding the process of collecting and voting on trust ballots for individuals holding positions elected or approved by the National Assembly or People's Councils pursuant to Resolution No. 35/2012/QH13.

RESOLUTION

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THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY
SOCIALIST REPUBLIC OF VIET NAM

Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992 amended according to Resolution No. 51/2001/QH10;, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPm, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP ,No. Pursuant to Resolution No. 30/2001/QH10 amended according to Law No. 83/2007/QH11;

Pursuant to the Law on Competition and Rewards dated December 26,, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP Pursuant to the Law on the Organization of People's Councils andNo.People's Committees No.No. 11/2003/QH11;, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP ,No. Pursuant to Resolution No. 35/2012/QH13 of the National Assembly on the matter of confidence votes and trust votes for individualsNo. holding positions appointed by the National Assembly, People's Councils or approved,

Article 1. Scope of Guidance DECREES:This Resolution guides the implementation of certain provisions of Resolution No. 35/2012/QH13 of the National Assembly on the matter of confidence votes and trust votes for individuals holding positions appointed by the National Assembly, People's Councils or approved (hereinafter referred to as Resolution No. 35/2012/QH13), concerning the scope of regulation and applicable subjects; the timing of conducting confidence votes; the content of reports and the responsibility to provide explanations for those being subject to confidence votes; verification and responses to issues raised by National Assembly deputies and People's Council deputies; sample ballots; ballot counting and announcement of ballot results; resolutions on confidence votes and trust votes; handling of confidence vote and trust vote results; procedures and formalities for resignation, removal, approval of removal, dismissal, and proposal for trust votes by the National Assembly and People's Councils against individuals holding positions appointed by the National Assembly, People's Councils or approved.No. Article 2. Guidance on the scope of regulation and applicable subjects as stipulated in Article 1 of Resolution No. 35/2012/QH13

1. "Other members" of the Standing Committee of the National Assembly as provided in point b, Clause 2, Article 1 of Resolution No. 35/2012/QH13 are members of the Standing Committee of the National Assembly who do not hold the position of Chairman of the National Ethnic Council or Director of the National Assembly's Committee.of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home AffairsFor the 2011-2016 term of the National Assembly, other members of the Standing Committee of the National Assembly include:At the request of the Inspectorate of thea) Members of the Standing Committee of the National Assembly who are Directors of the National Assembly Office;No.b) Members of the Standing Committee of the National Assembly who are Heads of the Delegation Work Committee of the Standing Committee of the National Assembly.ồIn cases where the National Assembly supplements members of the Standing Committee of the National Assembly, such member shall also be subject to confidence votes and trust votes according to the provisions of Resolution No. 35/2012/QH13.

RESOLUTION:

2. "Other members" of the Government as provided in point c, Clause 2, Article 1 of Resolution No. 35/2012/QH13 are members of the Government who do not hold the positions of Prime Minister, Deputy Prime Minister, or Minister.

For the 2011-2016 term of the Government, other members of the Government include:

a) Governor of the State Bank of Vietnam;

b) Chief Inspector General of the Government.

3. People's Councils at the commune, ward, and town level shall implement confidence votes and trust votes for individuals holding the following positions:

a) Chairperson and Vice-Chairpersons of People's Councils at the commune, ward, and town level;

b) Chairperson and Vice-Chairpersons and members of People's Committees at the commune, ward, and town level.

4. In cases where an individual simultaneously holds multiple positions appointed by the National Assembly, People's Councils or approved as stipulated in Clause 2 or Clause 3, Article 1 of Resolution No. 35/2012/QH13, confidence votes shall be conducted once for all positions that the individual has been appointed or approved by the National Assembly or People's Councils. The ballot must clearly state these positions.

Evaluations of confidence in positions not appointed or approved by the National Assembly or People's Councils shall be carried out according to regulations set forth in other documents of competent authorities or organizations.

5. In localities currently implementing Resolution No. 26/2008/QH12 on piloting the non-establishment of People's Councils at the district, urban district, and ward levels, confidence votes shall not be implemented according to Resolution No. 35/2012/QH13. Evaluations of confidence for individuals holding positions in these localities shall be carried out according to regulations set forth in other documents of competent authorities or organizations.

a) Governor of the State Bank of Vietnam;

b) Chief Inspector General of the Government.

3. The People's Councils at the commune, ward, and town levels shall implement confidence votes for individuals holding the following positions:

a) Chairperson and Vice Chairperson of the People's Council at the commune, ward, and town levels;

b) Chairperson and Vice Chairperson and members of the People's Committee at the commune, ward, and town levels.

4. In cases where an individual concurrently holds multiple positions elected or approved by the National Assembly or People's Councils as stipulated in Clause 2 or Clause 3 of Article 1 of Resolution No. 35/2012/QH13, the confidence vote shall be conducted once for all positions that the individual has been elected or approved by the National Assembly or People's Councils. The confidence ballot must clearly indicate these positions.

The assessment of confidence in the performance of other positions not elected or approved by the National Assembly or People's Councils shall be carried out in accordance with the provisions of other documents issued by competent authorities or organizations.

5. In localities currently implementing Resolution No. 26/2008/QH12 on piloting the non-establishment of People's Councils at the district, urban district, and ward levels, the implementation of confidence votes as prescribed in Resolution No. 35/2012/QH13 shall not be carried out. The assessment of confidence for individuals holding positions in these localities shall be conducted in accordance with the provisions of other documents issued by competent authorities or organizations.

Article 3. Guidelines on the time limit and timing for conducting confidence votes as stipulated in Article 7 of Resolution No. 35/2012/QH13.

Confidence votes shall be conducted regularly at the first regular session of the National Assembly and People's Councils at each level every year, starting from the second year of each term.

Article 4. Guidelines on the procedure for conducting confidence votes at the sessions of the National Assembly and People's Councils as stipulated in Articles 8 and 9 of Resolution No. 35/2012/QH13.

1. The report of the person subject to the confidence vote shall be sent to National Assembly deputies and People's Council deputies before the session at which the confidence vote will take place, in accordance with Clause 1 of Article 8 and Clause 1 of Article 9 of Resolution No. 35/2012/QH13, including the following main contents:

a) Full name and position elected or approved by the National Assembly or People's Council.

b) Results of performing duties and powers as prescribed by law for the position elected or approved by the National Assembly or People's Council.

c) Self-assessment of political integrity, moral character, and lifestyle.

d) Explanation of opinions and proposals of voters transferred by the Vietnam Fatherland Front (if any).

2. In case of receiving a written request from a National Assembly deputy or People's Council deputy requesting further clarification on the results of performing duties and powers, political integrity, moral character, and lifestyle, the person subject to the confidence vote shall have the responsibility to provide a written explanation and send it to the deputy who made the request, in accordance with Clause 2 of Article 8 and Clause 2 of Article 9 of Resolution No. 35/2012/QH13.

3. At least 15 days prior to the opening day of the National Assembly or People's Council session to conduct the confidence vote, if a National Assembly deputy or People's Council deputy deems it necessary to clarify issues related to the person subject to the confidence vote, they may request the Standing Committee of the National Assembly or the Executive Board of the People's Council to require the competent authority to verify and respond in writing to the deputy. If the competent authority has not verified in time, they must report to the Standing Committee of the National Assembly or the Executive Board of the People's Council to decide to respond later but must do so before the next confidence vote; in this case, the confidence vote shall still be conducted according to the provisions of Resolution No. 35/2012/QH13.

If the competent authority has not verified in time, they must report to the Standing Committee of the National Assembly or the Executive Board of the People's Council to decide to respond later but must do so before the next confidence vote; in this case, the confidence vote shall still be conducted according to the provisions of Resolution No. 35/2012/QH13.

Before conducting the confidence vote, the National Assembly may discuss within the Delegation of National Assembly Deputies; the People's Council may discuss within the Group of People's Council Deputies on issues related to the confidence vote and the person subject to the confidence vote.

The Standing Committee of the National Assembly shall report to the National Assembly on the results of discussions within the Delegation of National Assembly Deputies; the Executive Board of the People's Council shall report to the People's Council on the results of discussions within the Group of People's Council Deputies.

Article 5. Guidelines on the ballots used in the process of conducting confidence votes and the verification of votes as stipulated in Clause 4 of Article 8, Clause 4 of Article 9, Clause 7 of Article 12, and Clause 5 of Article 13 of Resolution No. 35/2012/QH13.

1. The confidence ballot used in the process of conducting confidence votes shall be presented according to the model attached to this Resolution, including separate ballots for each position and group of positions corresponding to the order in which the National Assembly or People's Council elects or approves at the first session in accordance with the Rules of Procedure of the National Assembly Session and the Operation Regulations of the People's Council. On each ballot, clearly state the full name, position elected or approved by the National Assembly or People's Council of the person subject to the confidence vote, along with boxes corresponding to the levels of "high confidence," "confidence," and "low confidence."

The confidence ballot used in the process of conducting confidence votes by secret ballot shall be presented according to the model attached to this Resolution, including separate ballots for each person put forward for the confidence vote. On the ballot, clearly state the full name and position of the person put forward for the confidence vote, along with boxes corresponding to the levels of "confidence" and "no confidence."

2. The following cases of ballots are invalid:

a) Ballots not in accordance with the model issued by the Counting Board;

b) Ballots without the seal of the National Assembly or People's Council.

c) The section indicating the level of confidence on the ballot for a person holding a position marked in two or more boxes.

In case a ballot lists multiple persons and the section indicating the level of confidence for one person is invalid according to this point, only that person's section is considered invalid; the results indicating the level of confidence for the remaining persons on the list remain valid.

In case a ballot includes additional names of persons outside the list already issued by the Vote Counting Committee, the additional part does not have value; the results indicating the level of confidence for the remaining persons on the list still remain valid.

Article 6. Guidelines on determining the results of ballot counting, resolutions on confidence votes and trust votes as stipulated in Clause 5 and Clause 6 of Article 8, Clause 5 and Clause 6 of Article 9, Clause 8 and Clause 9 of Article 12, Clause 6 and Clause 7 of Article 13 of Resolution No. 35/2012/QH13

1. The results of confidence votes for each individual announced publicly at the session shall include the following contents:

a) Full name and position elected or approved by the National Assembly or People's Council.

b) Total number of ballots distributed, number of ballots collected, and number of valid ballots;

c) Total number of "high confidence" votes, percentage compared to the total number of National Assembly deputies or People's Council deputies;

d) Total number of "confidence" votes, percentage compared to the total number of National Assembly deputies or People's Council deputies;

đ) Total number of "low confidence" votes, percentage compared to the total number of National Assembly deputies or People's Council deputies.

2. The results of trust votes announced publicly at the session shall include the following contents:

a) Full name and position elected or approved by the National Assembly, People's Council of the person subject to the trust vote;

b) Total number of ballots distributed, number of ballots collected, and number of valid ballots;

c) Total number of "trust" votes, percentage compared to the total number of National Assembly deputies or People's Council deputies;

d) Total number of "no trust" votes, percentage compared to the total number of National Assembly deputies or People's Council deputies.

3. The total number of National Assembly deputies, the total number of People's Council deputies used as the basis for calculating the percentage of votes is the total number of deputies of the National Assembly, People's Council at the time of conducting confidence votes, trust votes.

4. Based on the results of confidence votes, trust votes announced by the Ballot Counting Board, the Standing Committee of the National Assembly, the Standing Body of the People's Council shall submit to the National Assembly, People's Council at the same level for consideration and approval of the resolution on confidence votes, trust votes to confirm the results of confidence votes, trust votes (hereinafter referred to as the Resolution confirming the results of confidence votes, the Resolution confirming the results of trust votes).

The Resolution confirming the results of confidence votes shall clearly state the time of confidence votes, the total number of individuals subject to confidence votes; general assessment of the implementation of confidence votes (preparation work, submission of reports, documents, responsibility for explanation) and the results of confidence votes; identify individuals with more than half of the total number of National Assembly deputies or People's Council deputies rating "low confidence"; decide the time for the National Assembly, People's Council to conduct trust votes against individuals with more than two-thirds of the total number of National Assembly deputies or People's Council deputies rating "low confidence" or two consecutive years with more than half of the total number of National Assembly deputies or People's Council deputies rating "low confidence".

The Resolution confirming the results of confidence votes shall be sent to individuals with more than two-thirds of the total number of National Assembly deputies or People's Council deputies rating "low confidence" or two consecutive years with more than half of the total number of National Assembly deputies or People's Council deputies rating "low confidence" so that they may request resignation.

The Resolution confirming the results of trust votes shall clearly state the time of trust votes, the individual subject to the trust vote, the results of trust votes, identify individuals with more than half of the total number of National Assembly deputies or People's Council deputies not trusting who need to be submitted to the National Assembly, People's Council at the same level for removal, dismissal or approval of removal, dismissal.

Article 7. Guidance on the consequences for individuals rated as having "low confidence" by the National Assembly or People's Council, as stipulated in Articles 10 and 14 of Resolution No. 35/2012/QH13

1. In cases where an individual subject to a confidence vote receives more than two-thirds of the total number of National Assembly deputies or People's Council members rating them as "low confidence," or if they receive such ratings for two consecutive years with more than half of the total number of National Assembly deputies or People's Council members rating them as "low confidence," then the Standing Committee of the National Assembly and the Standing Body of the People's Council shall take the lead, coordinating with the agency responsible for cadre work to prepare procedural conditions and personnel reports to submit to the competent authority for presentation to the National Assembly or People's Council for a confidence vote not later than the next session in accordance with Articles 12 and 13 of Resolution No. 35/2012/QH13, except in cases where the individual has submitted a resignation letter which has been approved by the competent authority.

The agency or person authorized to nominate individuals for election or approval by the National Assembly or People's Council shall be responsible for coordinating with the competent agencies or organizations to prepare replacement personnel in cases where an individual subject to a confidence vote is not trusted by the National Assembly or People's Council.

2. In cases where an individual subject to a confidence vote receives more than half of the total number of National Assembly deputies or People's Council members voting "no confidence," the agency or person authorized to nominate that individual for election or approval by the National Assembly or People's Council shall be responsible for submitting to the National Assembly or People's Council for immediate consideration and decision regarding dismissal, removal, or approval of dismissal or demotion of the individual who is not trusted by the National Assembly or People's Council at that same session.

Article 8. Guidance on resignation, dismissal, removal, and approval of dismissal or demotion for individuals holding positions elected or approved by the National Assembly or People's Council as stipulated in Articles 10 and 14 of Resolution No. 35/2012/QH13

1. The procedure and process for resignation by individuals holding positions elected or approved by the National Assembly or People's Council, who have received more than two-thirds of the total number of National Assembly deputies or People's Council members rating them as "low confidence," or who have received such ratings for two consecutive years with more than half of the total number of National Assembly deputies or People's Council members rating them as "low confidence," as stipulated in Article 10 of Resolution No. 35/2012/QH13, shall be implemented as follows:

a) The Standing Committee of the National Assembly and the Standing Body of the People's Council shall notify the individual holding the position elected or approved by the National Assembly or People's Council of the results of the confidence vote and the legal provisions regarding resignation;

b) The individual requesting resignation shall submit a letter to the agency or person authorized to nominate for election or approval by the National Assembly or People's Council;

c) The agency or person authorized to nominate for election or approval by the National Assembly or People's Council shall submit to the National Assembly or People's Council for dismissal or approval of dismissal not later than the next session of the National Assembly or People's Council.

2. The procedures for dismissal, removal, and approval of dismissal or demotion for individuals holding positions elected or approved by the National Assembly or People's Council shall be carried out in accordance with the Law on the Organization of the National Assembly, the Rules of Procedure of the National Assembly Sessions, the Law on the Organization of the People's Councils and People's Committees, the Regulations on the Operation of the People's Councils, and other relevant legal documents.

Article 9. Guidelines on requesting and proposing the National Assembly and People's Councils to conduct confidence votes as stipulated in Article 11 of Resolution No. 35/2012/QH13

1. The procedures for requesting and proposing the National Assembly to conduct confidence votes as provided in points a, b, and c of Clause 1 of Article 11 of Resolution No. 35/2012/QH13 shall be carried out as follows:

a) The Standing Committee of the National Assembly prepares to submit to the National Assembly for a confidence vote against individuals holding positions elected or approved by the National Assembly in accordance with Articles 27 and 52 of the Operational Regulations of the Standing Committee of the National Assembly;

b) The National Ethnic Council and Committees of the National Assembly implement proposals to the Standing Committee of the National Assembly to submit to the National Assembly for a confidence vote against individuals holding positions elected or approved by the National Assembly according to the procedures set forth in Article 34 of the Law on the Supervisory Activities of the National Assembly and Article 33 of the Operational Regulations of the National Ethnic Council and Committees of the National Assembly;

c) National Assembly deputies propose the Standing Committee of the National Assembly to submit to the National Assembly for a confidence vote against individuals holding positions elected or approved by the National Assembly by submitting a proposal letter to the Chairman of the National Assembly for consolidation. When receiving written proposals from at least 20% of the total number of National Assembly deputies regarding one individual holding a position elected or approved by the National Assembly, the Standing Committee of the National Assembly will submit to the National Assembly for a confidence vote. The consolidation of the number of proposals from National Assembly deputies regarding a confidence vote will be counted within a period of 20 days before the opening day of this session until no later than 20 days before the opening day of the next session of the National Assembly.

2. People's Council deputies propose the Standing Body of the People's Council to submit to the People's Council for a confidence vote against individuals holding positions elected by the People's Council by submitting a proposal letter to the Chairman of the People's Council for consolidation. When receiving written proposals from at least one-third of the total number of People's Council deputies regarding one individual holding a position elected by the People's Council, the Standing Body of the People's Council will submit to the People's Council for a confidence vote. The consolidation of the number of proposals from People's Council deputies regarding a confidence vote will be counted within a period of 20 days before the opening day of this session until no later than 20 days before the opening day of the next session of the People's Council.

Article 10. Effective Date

This Resolution takes effect from February 1, 2013.