Resolution No. 85/2014/QH13 On Confidence Polls and Vote of No Confidence for Persons Holding Positions Elected or Approved by the National Assembly or People's Council

RESOLUTION

On the matter of confidence votes and trust votes for individuals holding positions elected or approved by the National Assembly or People's Council

Based on the Law on the Organization of the National Assembly No. 30/2001/QH10, amended and supplemented by Law No. 83/2007/QH11;

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OF THE NATIONAL ASSEMBLY
SOCIALIST REPUBLIC OF VIET NAM

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

Based on the Law on the Organization of People's Councils and People's Committees No. 11/2003/QH11;

This Resolution stipulates the procedures for the National Assembly and People's Council to conduct confidence votes and trust votes for individuals holding positions elected or approved by the National Assembly or People's Council as specified in Clauses 2, 3, and 4 of this Article.

Pursuant to the Law on Legislative Activities number 17/2008/QH12;

RESOLUTION:

Article 1. Scope of Regulation and Applicability

2. The National Assembly shall conduct confidence votes for individuals holding the following positions:

b) Chairperson of the National Assembly, Vice-Chairpersons of the National Assembly, Members of the Standing Committee of the National Assembly, Chairperson of the National Ethnic Council, Chairpersons of the National Assembly's Committees;

a) President of the State, Vice President of the State;

d) Chief Justice of the Supreme People's Court, Prosecutor General of the Supreme People's Procuracy, State Auditor General.

c) Prime Minister, Deputy Prime Minister, Minister, other members of the Government;

3. The People's Council shall conduct confidence votes for individuals holding the following positions:

a) Chairperson of the People's Council, Vice-Chairpersons of the People's Council, Members of the Standing Committee of the People's Council, Heads of the People's Council's Committees;

b) Chairperson of the People's Committee, Vice-Chairpersons of the People's Committee, other members of the People's Committee.

4. The National Assembly and People's Council shall conduct trust votes for individuals holding positions elected or approved by the National Assembly or People's Council.

5. In cases where an individual concurrently holds multiple positions as specified in Clause 2 or Clause 3 of this Article, the confidence vote shall be conducted once for all such positions.

6. Confidence votes shall not be conducted for individuals holding positions as specified in Clause 2 or Clause 3 of this Article who have continuously held their positions for less than nine months up to the date of convening the session at which the confidence vote is to be conducted by the National Assembly or People's Council.

is the act of the National Assembly and People's Council exercising their supervisory power to assess the level of trust in individuals holding positions elected or approved by the National Assembly or People's Council, serving as a basis for evaluating and assessing cadres.

Article 2. Interpretation of Terms

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

1. Taking confidence votes is the act of the National Assembly and People's Council expressing their trust or lack thereof in individuals holding positions elected or approved by the National Assembly or People's Council, serving as a basis for considering the removal or approval of the proposal to remove individuals not trusted by the National Assembly or People's Council.

2. Voting confidence Article 3. Purpose of confidence votes and trust votes

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.

Article 4. Principles of confidence votes and trust votes

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.

2. Transparency, fairness, democracy, and objectivity; ensuring an accurate assessment of the actual results of duty performance, authority exercise, and political integrity, moral character, and lifestyle of individuals subject to confidence votes and trust votes.

2. Transparency, fairness, democracy, objectivity; ensuring an accurate assessment of the actual results of duty performance, authority exercise, and political quality, morality, and lifestyle of the person subject to confidence vote or trust ballot.

3. Ensuring stability and effectiveness in the operation of the state machinery and Party leadership in cadre work.

Article 5. Basis for assessing the level of trustworthiness

The basis for assessing the level of trustworthiness of individuals subject to a trust vote includes:

1. Results in performing assigned tasks and powers;

2. Political qualities, morality, lifestyle; compliance with the Constitution and laws.

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

1. The National Assembly and People's Councils shall organize trust votes in accordance with the prescribed objects, principles, deadlines, and procedures as stipulated in this Resolution.

2. National Assembly deputies and People's Council deputies shall participate in trust votes during sessions of the National Assembly and People's Councils; they must carefully, objectively, and impartially express their level of trust.

3. Individuals subject to trust votes must truthfully report on the results of performing assigned tasks and powers, political qualities, morality, lifestyle, declaration of assets and personal income, shortcomings and limitations, plans for improvement, and provide comprehensive explanations on all contents requested by National Assembly deputies and People's Council deputies.

4. The Vietnam Fatherland Front Central Committee and Vietnam Fatherland Front committees at all levels shall promptly collect and compile opinions and proposals from voters related to individuals subject to trust votes (if any) and submit them to the National Assembly and People's Councils before the session.

5. Agencies, organizations, and individuals may not abuse trust votes to campaign or engage in unlawful acts that influence National Assembly deputies and People's Council deputies.

Article 7. Deadline and timing for organizing trust votes

The National Assembly and People's Councils shall conduct trust votes once during each term, at the regular session in the third year of the term.

Article 8. Procedure for conducting trust votes at the National Assembly

1. Individuals subject to trust votes as specified in Clause 2, Article 1 of this Resolution shall submit written reports according to the model attached to this Resolution to the Standing Committee of the National Assembly no later than 30 days before the opening of the National Assembly session.

2. The Standing Committee of the National Assembly shall send the reports of individuals subject to trust votes and the compilation of opinions and proposals from voters related to these individuals by the Vietnam Fatherland Front Central Committee (if any) to National Assembly deputies no later than 20 days before the opening of the National Assembly session.

3. In cases where clarification of issues related to individuals subject to trust votes is deemed necessary, no later than 15 days before the opening of the session, National Assembly deputies have the right to request the Standing Committee of the National Assembly to require competent authorities to verify and respond in writing.

4. No later than 10 days before the commencement of the trust vote, National Assembly deputies may send written requests to the Standing Committee of the National Assembly and individuals subject to trust votes to clarify matters relevant to the assessment of the level of trustworthiness. Individuals subject to trust votes are responsible for responding in writing to the Standing Committee of the National Assembly and National Assembly deputies who made the requests before the trust vote.

5. Prior to conducting the trust vote, the National Assembly discusses at Delegation meetings on issues related to the trust vote. The Standing Committee of the National Assembly reports the results of the discussions at Delegation meetings to the National Assembly.

Before conducting the trust vote, the National Assembly discusses at Delegation meetings on issues related to the trust vote. The Standing Committee of the National Assembly reports the results of the discussions at Delegation meetings to the National Assembly.

6. The National Assembly establishes a Counting Board.

7. The National Assembly conducts the trust vote by secret ballot. On the ballot, the names and positions of individuals subject to trust votes, and the levels of trust: "high trust", "trust", "low trust" are clearly marked.

8. The Counting Board announces the counting results.

9. The National Assembly considers and passes a Resolution confirming the results of the trust vote upon the proposal of the Standing Committee of the National Assembly.

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

1. The person subject to confidence voting as stipulated in Clause 3, Article 1 of this Resolution shall submit a written report according to the prescribed form accompanying this Resolution to the Standing Committee of the People's Council not later than thirty days before the opening date of the People's Council session.

2. 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 People's Front Committee at the same level (if any) to the People's Council deputies not later than twenty days before the opening date of the People's Council session.

3. In case the People's Council deputies consider it necessary to clarify issues related to the person subject to confidence voting, not later than fifteen days before the opening date of the confidence voting session, the People's Council deputies have the right to request the Standing Committee of the People's Council to require the competent authority to verify and respond in writing.

4. Not later than ten days before the opening date of the session, the People's Council deputies may send a written request to the Standing Committee of the People's Council and the person subject to confidence voting to request the person subject to confidence voting to clarify the contents within the scope of the basis for assessing confidence. The person subject to confidence voting has the responsibility to respond in writing to the Standing Committee of the People's Council and the requesting People's Council deputies before the confidence voting date.

5. At the session, the Standing Committee of the People's Council shall present to the People's Council for decision the list of persons subject to confidence voting.

Before conducting the confidence voting, the People's Council discusses with the Delegation of People's Council deputies on issues related to the confidence voting. The Standing Committee of the People's Council reports to the People's Council the results of the discussion with the Delegation of People's Council deputies.

6. The People's Council establishes a Vote Counting Board.

7. The People's Council conducts confidence voting by secret ballot. On the ballot, the full name and position of the person subject to confidence voting, and the levels: "high confidence", "confidence", "low confidence" are clearly marked.

8. The Counting Board announces the counting results.

9. The People's Council examines and approves the Resolution confirming the results of the confidence voting upon the proposal of the Standing Committee of the People's Council.

Article 10. Consequences for the Person Subject to Confidence Voting

1. If the person subject to confidence voting receives a low confidence rating from more than half of the total number of National Assembly deputies or People's Council deputies, they may resign.

2. If the person subject to confidence voting receives a low confidence rating from two-thirds or more of the total number of National Assembly deputies or People's Council deputies, the National Assembly Standing Committee shall propose to the National Assembly, and the Standing Committee of the People's Council shall propose to the People's Council to conduct a confidence vote.

Article 11. Situations for Confidence Voting

1. The National Assembly Standing Committee proposes to the National Assembly to conduct a confidence vote against individuals holding positions elected or approved by the National Assembly in the following situations:

a) The National Assembly Standing Committee itself proposes;

b) There is a recommendation from the Ethnic Council or the National Assembly Committee;

c) There is a recommendation from at least twenty percent of the total number of National Assembly deputies;

d) The person subject to confidence voting receives a low confidence rating from two-thirds or more of the total number of National Assembly deputies.

2. The Standing Committee of the People's Council proposes to the People's Council to conduct a confidence vote against individuals holding positions elected by the People's Council in the following situations:

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

b) There is a recommendation from the People's Front Committee at the same level;

c) The person subject to confidence voting receives a low confidence rating from two-thirds or more of the total number of People's Council deputies.

Article 12. Procedures for requesting and proposing the National Assembly, People's Council to vote on confidence

1. The procedures for requesting and proposing the National Assembly to vote on confidence as stipulated in points a, b, and c of Clause 1, Article 11 of this Resolution shall be carried out as follows:

a) The Standing Committee of the National Assembly shall decide on its own to submit to the National Assembly for voting on confidence against individuals holding positions elected or approved by the National Assembly when it deems necessary;

b) During the supervision process, if violations of laws or failure to properly and fully perform assigned tasks and powers, causing serious damage to the interests of the State, legitimate rights and interests of organizations and individuals, or if there is a written proposal from at least twenty percent of the total members of the National Ethnic Councils and Committees of the National Assembly regarding the examination of voting on confidence against individuals holding positions elected or approved by the National Assembly, then the Standing Body of the Council and the Standing Committee have the responsibility to report to the Council and the Committee for decision-making. In case at least two-thirds of the total members of the Council and Committee members approve the proposal, the Council and Committee shall propose the Standing Committee of the National Assembly to submit to the National Assembly for voting on confidence;

c) National Assembly deputies may propose the National Assembly to vote on confidence against individuals holding positions elected or approved by the National Assembly by submitting a written request to the Standing Committee of the National Assembly. When receiving proposals from at least twenty percent of the total number of National Assembly deputies concerning an individual holding a position elected or approved by the National Assembly, the Standing Committee of the National Assembly shall submit to the National Assembly for voting on confidence. The tallying of the number of proposals from National Assembly deputies for voting on confidence shall be counted within the period from the opening day of this session to the opening day of the next session of the National Assembly.

2. People's Council deputies may propose the People's Council to vote on confidence against individuals holding positions elected by the People's Council by submitting a written request to the Standing Body of the People's Council. When receiving proposals from at least one-third of the total number of People's Council deputies concerning an individual holding a position elected by the People's Council, the Standing Body of the People's Council shall submit to the People's Council for voting on confidence. The tallying of the number of proposals from People's Council deputies for voting on confidence shall be counted within the period from the opening day of this session to the opening day of the next session of the People's Council.

Article 13. Voting Confidence Procedure for Individuals Holding Positions Elected or Approved by the National Assembly

1. The Standing Committee of the National Assembly shall submit to the National Assembly for voting on confidence against individuals holding positions elected or approved by the National Assembly during the National Assembly session.

2. The individual subject to voting on confidence has the right to present their views before the National Assembly.

3. The National Assembly shall discuss in Delegations of National Assembly Members.

4. If necessary, the Chairman of the National Assembly shall convene meetings with the Heads of Delegations of National Assembly Members to exchange opinions on related issues.

5. The Standing Committee of the National Assembly shall report to the National Assembly the results of discussions in Delegations of National Assembly Members.

6. The National Assembly establishes a Counting Board.

7. The National Assembly shall vote on confidence by secret ballot. On the ballot, the full name and position of the individual subject to voting on confidence, as well as the levels of "confidence" and "no confidence," shall be clearly marked.

8. The Ballot Counting Board shall announce the results of the ballot counting for the individual subject to voting on confidence.

9. The National Assembly shall examine and adopt a Resolution confirming the results of the voting on confidence against individuals holding positions elected or approved by the National Assembly according to the proposal of the Standing Committee of the National Assembly.

Article 14. Voting Procedure for Confidence Polls on Individuals Holding Positions Elected by the People's Council

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

2. The individual subject to the confidence poll has the right to present their opinions before the People's Council.

3. The People's Council discusses.

4. The People's Council establishes a Counting Board.

5. The People's Council conducts the confidence poll by secret ballot. On the ballot, there shall be clearly stated the full name and position of the individual subject to the confidence poll, along with the levels: "confidence" and "no confidence".

6. The Counting Board announces the results of the counting for the individual subject to the confidence poll.

7. The People's Council examines and adopts a Resolution confirming the results of the confidence poll on individuals holding positions elected by the People's Council at the proposal of the Standing Committee of the People's Council.

Article 15. Consequences for Individuals Not Receiving Confidence from the National Assembly or People's Council

An individual receiving a confidence poll who is evaluated as "no confidence" by more than half of the total number of National Assembly delegates or People's Council delegates may request resignation; if they do not resign, the agency or person with authority that introduced them for election or approval by the National Assembly or People's Council shall be responsible for proposing to the National Assembly or People's Council to consider and decide on the removal or approval of the removal of such individual.

Article 16. Ballots Used in Confidence Polls and Validity Determination of Ballots

1. Ballots used in confidence polls are presented according to the model specified in the Appendix issued together with this Resolution, including separate ballots for each position and group of positions. Each ballot clearly states the full name and position of the individual subject to the confidence poll by the National Assembly or People's Council, along with corresponding boxes for the levels "high confidence", "confidence", and "low confidence". In cases where an individual holds multiple positions as stipulated in Clause 2 or Clause 3 of Article 1 of this Resolution, all such positions shall be fully recorded on the confidence ballot.

Ballots used in confidence votes are presented according to the model specified in the Appendix issued together with this Resolution, including separate ballots for each individual subject to the confidence vote by the National Assembly or People's Council. Each ballot clearly states the full name and position of the individual subject to the confidence vote, along with corresponding boxes for the levels "confidence" and "no confidence".

2. The following cases shall be considered invalid ballots:

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

b) Ballots not indicating a level of confidence or selecting more than one level of confidence.

3. In cases where a ballot lists multiple individuals but the section indicating the level of confidence for one individual does not comply with the provisions of Point b, Clause 2 of this Article, only the result for that individual will be determined as invalid, while the results for the remaining individuals listed still remain valid.

In cases where a ballot includes additional names of individuals not included in the list already provided by the Counting Board, those additional entries will have no value; however, the results indicating the level of confidence for the remaining individuals on the list will still be considered valid.

Article 17. KThe results of trust votes and confidence votes shall be as follows:

1. The results of the confidence poll for each individual are publicly announced at the session by the Counting Board, including the following contents:

a) Full name and position of the individual subject to the confidence poll;

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

c) Total number of ballots evaluating "high confidence", percentage relative to the total number of National Assembly delegates or People's Council delegates;

d) Total number of ballots evaluating "confidence", percentage relative to the total number of National Assembly delegates or People's Council delegates;

đ) Total number of ballots evaluating "low confidence", percentage relative to the total number of National Assembly delegates or People's Council delegates.

2. The results of the confidence vote for each individual are publicly announced at the session by the Counting Board, including the following contents:

a) Full name and position of the individual subject to the confidence vote;

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

c) Total number of "confidence" ballots, percentage relative to the total number of National Assembly delegates or People's Council delegates;

d) Total number of "no confidence" ballots, percentage relative to the total number of National Assembly delegates or People's Council delegates.

3. The total number of National Assembly delegates and the total number of People's Council delegates used as the basis for calculating the percentage of ballots are the number of delegates of the National Assembly and People's Council at the time of conducting the confidence poll or confidence vote. Delegates of the National Assembly or People's Council who are temporarily suspended from performing their representative duties are not counted in this total.

4. The Resolution confirming the results of the confidence poll records the date of the confidence poll, the total number of individuals subject to the confidence poll; general evaluation of the implementation of the confidence poll and the results of the confidence poll for each individual; identifies individuals falling under the provisions of Clause 2 of Article 10 of this Resolution.

5. The Resolution confirming the results of the confidence vote records the date, the results of the confidence vote, and identifies individuals receiving "no confidence" from more than half of the total number of National Assembly delegates or People's Council delegates.

Article 18. Effective Date

1. This Resolution takes effect from July 1, 2015.

2. This Resolution replaces Resolution No. 35/2012/QH13 of the National Assembly regarding the conduct of confidence polls and confidence votes for individuals holding positions elected or approved by the National Assembly or People's Council.

3. The Standing Committee of the National Assembly shall guide the implementation of this Resolution.

This Resolution was adopted by the Thirteenth National Assembly of the Socialist Republic of Vietnam at its eighth session on November 28, 2014.