Resolution No. 96/2023/QH15 on the issuance of trust votes and confidence votes for individuals holding positions elected or approved by the National Assembly or People's Councils.

RESOLUTION

On the matter of taking confidence votes and voting confidence in

individuals holding positions appointed or approved by Article 24the National Assembly, Hthe People's Councils.

OF THE NATIONAL ASSEMBLY

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

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;

 

RESOLUTION:

 

Article 1. Scope of application

This Resolution stipulates the procedures for the National Assembly and People's Councils to take confidence votes and vote confidence in individuals holding positions appointed or approved by the National Assembly and People's Councils as specified in Article 2 of this Resolution.

Article 2. Objects of Confidence Votes and Voting Confidence

1. The National Assembly shall take confidence votes on individuals holding the following positions:

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

b) Chairman of the National Assembly, Vice Chairman of the National Assembly, Member of the Standing Committee of the National Assembly, Secretary-General of the National Assembly, Chairman of the National Ethnic Council, Head of the National Assembly's Committees;

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

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

2. Provincial and District People's Councils shall take confidence votes on individuals holding the following positions:

a) Chairman of the People's Council, Vice Chairman of the People's Council, Head of the Committees of the Provincial and District People's Councils;

b) Chairman of the People's Committee, Vice Chairman of the People's Committee, Members of the Provincial and District People's Committees.

3. The National Assembly and People's Councils shall vote confidence in individuals holding positions appointed or approved by the National Assembly and People's Councils in cases prescribed in Article 13 of this Resolution.

4. In the case where an individual concurrently holds multiple positions as prescribed in Clause 1 or Clause 2 of this Article, the confidence vote shall be conducted once for all such positions.

5. Confidence votes shall not be taken on individuals holding positions as prescribed in Clause 1 and Clause 2 of this Article who have been notified of retirement or have been elected or appointed within the year of the confidence vote.

Article 3. Definitions

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 Councils exercising their supervisory rights to assess the level of confidence in individuals holding positions appointed or approved by the National Assembly and People's Councils as a basis for evaluating cadres.

2. Voting confidence is the act of the National Assembly and People's Councils exercising their supervisory rights to assess confidence or lack thereof in individuals holding positions appointed or approved by the National Assembly and People's Councils as a basis for considering the removal or approval of a proposal to remove individuals not trusted by the National Assembly and People's Councils.

Article 4. Objectives and Requirements for Taking Confidence Votes and Voting Confidence

1. Taking confidence votes and voting confidence aims to enhance the effectiveness of supervision by the National Assembly and People's Councils; improve the quality and efficiency of state machinery operations; contribute to assessing the reputation and performance of tasks and powers delegated to those subject to confidence votes and voting confidence, helping them recognize their level of trust to continue striving, training, improving work quality and efficiency; serve as a basis for competent authorities to consider cadre planning, training, development, deployment, and utilization.

2. The organization of confidence votes and voting confidence must be carried out according to this Resolution and relevant laws, ensuring substance and contributing to enhancing public and citizen trust. Violations of laws regarding confidence votes and voting confidence must be dealt with according to legal provisions.

Article 5. Principles for Taking Confidence Votes and Voting Confidence

1. Ensuring the rights and emphasizing the responsibilities of National Assembly deputies and People's Council deputies in taking confidence votes and voting confidence; ensuring the right to report and explain of those subject to confidence votes and voting confidence.

2. Democracy, objectivity, fairness, transparency, and openness; ensuring accurate assessment of the actual results of task execution, powers exercised, and political qualities, moral character, and lifestyle of those subject to confidence votes and voting confidence.

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

 Article 6. Basis for assessing the level of trustworthiness for individuals subject to a confidence vote

1. Political quality, moral character, lifestyle, compliance with the Constitution and laws, including the following contents:

a) Political stance, viewpoint, political resolve in implementing Party guidelines and State policies and laws; maintaining political quality, moral character, and lifestyle; sense of responsibility in work, attitude towards serving the people; diligence, thrift, honesty, integrity, impartiality, fairness, objectivity, initiative, creativity in performing assigned tasks and powers;

b) Compliance with the Constitution and laws, organizational discipline awareness; implementation of the principle of centralized democracy, self-criticism and criticism; adherence to regulations of the workplace; ability to unite, internal solidarity, and handling difficult, complex, and sensitive issues;

c) Implementation of prohibitions for Party members, officials, and civil servants and their exemplary role; personal and family members' (spouse and children) exemplary conduct in complying with State policies and laws.

2. Results of performing assigned tasks and powers, including the following contents:

a) Leadership, advisory, and implementation results of Party guidelines and State policies in the field and scope under responsibility; dynamism, innovation, creativity, decisiveness, courage to think, act, and take responsibility in performing assigned tasks and powers;

b) Leadership and guidance results in combating corruption, wastefulness, and promoting thrift; leadership results in personnel organization and talent attraction; inspection, audit, and supervision activities;

c) Quantity and quality of products, effectiveness of assigned tasks and powers performance; completion level of tasks by subordinate organizations, agencies, and units under management;

d) Implementation results of resolutions and conclusions on specialized oversight, interpellations, and other resolutions and conclusions of the National Assembly, Standing Committee of the National Assembly, People's Councils; conclusions and recommendations of the National Ethnic Council, Committees of the National Assembly, Delegations of the National Assembly, National Assembly deputies, Standing Committees of People's Councils, Committees of People's Councils, and People's Council deputies; results of handling complaints and petitions, receiving and resolving citizens' and people's suggestions and reflections in the field and scope under responsibility; implementation results of commitments and issues promised (if any).

Article 7. Responsibilities of agencies, organizations, and individuals in conducting confidence votes

1. The National Assembly and People's Councils must organize confidence votes ensuring correct targets, principles, deadlines, and procedures as stipulated in this Resolution and relevant laws.

2. National Assembly deputies and People's Council deputies have the responsibility to participate in confidence votes during National Assembly and People's Council sessions; carefully, objectively, and fairly consider when expressing levels of trust.

3. Individuals subject to confidence votes must report comprehensively and truthfully on the results of performing assigned tasks and powers, political quality, moral character, lifestyle, asset declarations, shortcomings, corrective measures, and fully explain contents that voters and citizens have opinions or that National Assembly deputies and People's Council deputies request (if any).

4. All levels of the Vietnam Fatherland Front Committee have the responsibility to collect and promptly compile opinions and recommendations of voters and citizens related to individuals subject to confidence votes and send them to the National Assembly and People's Councils.

Article 8. Prohibited Acts

1. Mobilizing or engaging in illegal actions to influence National Assembly deputies and People's Council deputies during confidence votes.

2. Using or promising to give, provide, or support money, assets, material benefits, or non-material benefits to mobilize, attract, or bribe in order to influence National Assembly deputies and People's Council deputies during confidence votes.

3. Distorting confidence vote results, levels of trust, or exploiting confidence votes to reduce others' credibility, causing division and internal discord.

Article 9. Deadline and timing for organizing confidence votes

The National Assembly and provincial and district-level People's Councils shall organize confidence votes once every term at the third-year session.

Article 10. Confidence vote procedure at the National Assembly

1. At least 45 days before the opening of the National Assembly session, based on the targets for confidence votes specified in this Resolution, the Standing Committee of the National Assembly will review and propose a list of individuals subject to confidence votes and issue a document requesting these individuals to submit reports according to the model attached to this Resolution and asset and income declarations to the Standing Committee of the National Assembly.

2. Individuals subject to confidence votes must submit reports and asset and income declarations to the Standing Committee of the National Assembly at least 30 days before the opening of the National Assembly session.

3. The Central Committee of the Vietnam Fatherland Front will collect and compile opinions and recommendations of voters and citizens related to individuals subject to confidence votes (if any) and send them to the Standing Committee of the National Assembly at least 25 days before the opening of the National Assembly session.

4. At least 20 days before the opening of the National Assembly session, the Standing Committee of the National Assembly will send the reports of individuals subject to confidence votes and the compiled opinions and recommendations of voters and citizens related to these individuals from the Central Committee of the Vietnam Fatherland Front (if any) to National Assembly deputies; send the content of opinions and recommendations of voters and citizens directly related to individuals subject to confidence votes (if any), compiled by the Central Committee of the Vietnam Fatherland Front, to the individuals subject to confidence votes.

5. In case it is deemed necessary to clarify issues related to the person subject to confidence vote, National Assembly deputies may submit a written request to the Standing Committee of the National Assembly no later than 15 days before the opening date of the National Assembly session for the competent authority to verify and respond in writing.

6. No later than 10 days before the date of the confidence vote meeting, National Assembly deputies may submit a written request to the Standing Committee of the National Assembly and the person subject to the confidence vote to require the latter to clarify contents that form the basis for assessing the level of confidence.

7. No later than three days before the date of the confidence vote meeting, the person subject to the confidence vote shall be responsible for submitting a report on explanations (if any) regarding issues raised in the summary report of the opinions and petitions of voters and the people compiled by the Central Committee of the Vietnam Fatherland Front and the opinions of National Assembly deputies to the Standing Committee of the National Assembly and the requesting National Assembly deputies.

8. The confidence vote shall be conducted at the National Assembly session according to the following procedure:

a) The Standing Committee of the National Assembly shall present to the National Assembly for decision the list of persons subject to the confidence vote;

b) National Assembly deputies shall discuss in their Delegations; the Chairman of the National Assembly may convene meetings with the Heads or Deputy Heads of the Delegations in cases where the Head is absent to exchange views on relevant issues;

c) At the confidence vote meeting, the Standing Committee of the National Assembly shall report to the National Assembly the results of discussions in the Delegations. The confidence vote meeting can only proceed if at least two-thirds of the total number of National Assembly deputies are present;

d) The National Assembly shall establish a Counting Board;

đ) The National Assembly shall conduct the confidence vote by secret ballot. On the ballot, the full name and position of each person subject to the confidence vote, as well as the levels "high confidence," "confidence," and "low confidence" shall be clearly marked;

e) The Counting Board shall report the counting results;

g) The National Assembly shall examine and adopt a Resolution confirming the results of the confidence vote upon the proposal of the Standing Committee of the National Assembly.

Article 11. Procedure for Conducting Confidence Votes at Provincial and District People's Councils

1. No later than 45 days before the opening date of the People's Council session, based on the subjects eligible for the confidence vote as stipulated in this Resolution, the Standing Body of the People's Council shall consider and propose a list of persons subject to the confidence vote and issue a written request to those persons to submit reports according to the model attached to this Resolution and asset declarations to the Standing Body of the People's Council.

2. Persons subject to the confidence vote shall submit their reports and asset declarations to the Standing Body of the People's Council no later than 30 days before the opening date of the People's Council session.

3. The Vietnam Fatherland Front at the same level shall collect and compile the opinions and petitions of voters and the people related to the persons subject to the confidence vote (if any) and send them to the Standing Body of the People's Council no later than 25 days before the opening date of the People's Council session.

4. No later than 20 days before the opening date of the People's Council session, the Standing Body of the People's Council shall send the reports of the persons subject to the confidence vote and the summary report of the opinions and petitions of voters and the people related to the persons subject to the confidence vote compiled by the Vietnam Fatherland Front at the same level (if any) to the People's Council deputies; and send the contents of the opinions and petitions of voters and the people directly related to the persons subject to the confidence vote (if any), compiled by the Vietnam Fatherland Front at the same level, to the persons subject to the confidence vote.

5. In case it is deemed necessary to clarify issues related to the persons subject to the confidence vote, People's Council deputies may submit a written request to the Standing Body of the People's Council no later than 15 days before the opening date of the People's Council session for the competent authority to verify and respond in writing.

6. No later than 10 days before the date of the confidence vote meeting, People's Council deputies may submit a written request to the Standing Body of the People's Council and the persons subject to the confidence vote to require the latter to clarify contents that form the basis for assessing the level of confidence.

7. No later than three days before the date of the confidence vote meeting, the persons subject to the confidence vote shall be responsible for submitting a report on explanations (if any) regarding issues raised in the summary report of the opinions and petitions of voters and the people compiled by the Vietnam Fatherland Front and the opinions of People's Council deputies to the Standing Body of the People's Council and the requesting People's Council deputies.

8. The confidence vote shall be conducted at the People's Council session according to the following procedure:

a) The Standing Body of the People's Council shall present to the People's Council for decision the list of persons subject to the confidence vote;

b) People's Council deputies shall discuss in their Groups;

c) At the confidence vote meeting, the Standing Body of the People's Council shall report to the People's Council the results of discussions in the Groups. The confidence vote meeting can only proceed if at least two-thirds of the total number of People's Council deputies are present;

d) The People's Council shall establish a Counting Board;

đ) The People's Council shall conduct the confidence vote by secret ballot. On the ballot, the full name and position of each person subject to the confidence vote, as well as the levels "high confidence," "confidence," and "low confidence" shall be clearly marked;

e) The Counting Board shall report the counting results;

g) The People's Council shall examine and adopt a Resolution confirming the results of the confidence vote upon the proposal of the Standing Body of the People's Council.

Article 12. Consequences for the Person Subject to the Confidence Vote

1. The results of the confidence vote shall be used to evaluate cadres, serve as a basis for cadre planning, transfer, appointment, recommendation for candidacy, removal from office, and implementation of policies and benefits for cadres.

2. A person who receives a confidence vote with more than half but less than two-thirds of the total number of votes marked "low confidence" may request to resign; if they do not request resignation, the Standing Committee of the National Assembly shall submit to the National Assembly, and the Standing Body of the People's Council shall submit to the People's Council for a confidence vote at that session or the nearest session; in case a person has been subject to a confidence vote for multiple positions at the same time, the confidence vote shall be conducted once for all those positions.

3. A person who receives a confidence vote with two-thirds or more of the total number of votes marked "low confidence" shall have the agency or person with the authority to introduce them for election or approval by the National Assembly or People's Council responsible for submitting to the National Assembly or People's Council for removal or approval of removal at that session or the nearest session; in case a person has been subject to a confidence vote for multiple positions at the same time, the removal or approval of removal shall be carried out for all those positions.

Article 13. Cases of confidence voting

1. The Standing Committee of the National Assembly shall submit to the National Assembly for a confidence vote on persons holding positions elected or approved by the National Assembly in the following cases:

a) The Standing Committee of the National Assembly proposes itself;

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

c) There is a proposal from at least 20% of the total number of National Assembly deputies;

d) The person subject to a confidence vote has more than half but less than two-thirds of the total number of votes marked "low confidence".

2. The Standing Body of the People's Council shall submit to the People's Council for a confidence vote on persons holding positions elected by the People's Council in the following cases:

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

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

c) The person subject to a confidence vote has more than half but less than two-thirds of the total number of votes marked "low confidence".

Article 14. Procedures for Proposing and Proposing to the National Assembly and People's Councils to Conduct Confidence Votes

1. The procedures for proposing and proposing to the National Assembly to conduct confidence votes as stipulated in points a, b, and c of Clause 1 of Article 13 of this Resolution shall be implemented as follows:

a) Based on the results of supervision, questioning, or other necessary circumstances, the Standing Committee of the National Assembly decides to submit to the National Assembly for a confidence vote on persons holding positions elected or approved by the National Assembly;

b) During the supervision process, if it is found that persons holding positions elected or approved by the National Assembly have signs of violating laws or failing to properly and fully perform their assigned tasks and powers, causing serious damage to the interests of the State, the rights and legitimate interests of organizations and individuals, or when there is a written proposal from at least 20% of the members of the Ethnic Council or members of a Committee of the National Assembly regarding the examination of a confidence vote on persons holding positions elected or approved by the National Assembly, then the Standing Body of the Ethnic Council or the Standing Body of the Committee shall report to the Ethnic Council or the Committee for decision. In case at least two-thirds of the members of the Ethnic Council or members of the Committee vote in favor of the proposal, the Ethnic Council or the Committee shall propose the Standing Committee of the National Assembly to submit to the National Assembly for a confidence vote;

c) National Assembly deputies propose to the National Assembly to conduct a confidence vote on persons holding positions elected or approved by the National Assembly by sending a written document to the Standing Committee of the National Assembly. When receiving a proposal from at least 20% of the total number of National Assembly deputies for a person holding a position elected or approved by the National Assembly, the Standing Committee of the National Assembly shall submit to the National Assembly for a confidence vote. The tallying of the number of proposals from National Assembly deputies for a confidence vote shall be counted within the period from the opening day of this regular session to the opening day of the next regular session of the National Assembly.

2. The procedures for proposing to the People's Council to conduct a confidence vote as stipulated in point a and point b of Clause 2 of Article 13 of this Resolution shall be implemented as follows:

a) People's Council deputies propose to the People's Council to conduct a confidence vote on persons holding positions elected by the People's Council by sending a written document to the Standing Body of the People's Council. When receiving a proposal from at least one-third of the total number of People's Council deputies for a person 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 a confidence vote. The tallying of the number of proposals from People's Council deputies for a confidence vote shall be counted within the period from the opening day of this regular session to the opening day of the next regular session of the People's Council;

b) The Vietnam Fatherland Front Committee at the local level, through collecting and summarizing the opinions and proposals of voters and the people or through supervisory activities, finds that persons holding positions elected by the People's Council have signs of violating laws or failing to properly and fully perform their assigned tasks and powers, causing serious damage to the interests of the State, the rights and legitimate interests of organizations and individuals, may propose to the Standing Body of the People's Council at the same level to submit to the People's Council for a confidence vote. The proposal of the Vietnam Fatherland Front Committee at the local level for a confidence vote shall be carried out according to the guidance of the Central Vietnam Fatherland Front Committee.

3. Documents proposing and proposing to the National Assembly and People's Councils to conduct a confidence vote must clearly state the name, position of the person to be put forward for a confidence vote, and the reasons for proposing and proposing a confidence vote.

Article 15. Procedure for Confidence Vote on Individuals Holding Positions Elected or Approved by the National Assembly

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

2. National Assembly deputies shall discuss within their Delegations; the Chairman of the National Assembly may convene meetings with the Heads or Deputy Heads of Delegations in cases where there is a vacancy in the Head position to exchange views on related issues.

3. The Standing Committee of the National Assembly shall report to the National Assembly on the results of discussions within the Delegations.

4. The individual subject to the confidence vote shall present their opinion (if any) before the National Assembly.

5. The National Assembly shall establish a Counting Board.

6. 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 shall be clearly stated, along with the levels: "confidence" and "no confidence".

7. The Counting Board shall report the results of the counting.

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

Article 16. Procedure for Confidence Vote on Individuals Holding Positions Elected by People's Councils

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. People's Council deputies shall discuss within their Groups.

3. The Permanent Office of the People's Council shall report to the People's Council on the results of discussions within the Groups.

4. The individual subject to the confidence vote shall present their opinion (if any) before the People's Council.

5. The People's Council shall establish a Counting Board.

6. 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 shall be clearly stated, along with the levels: "confidence" and "no confidence".

7. The Counting Board shall report the results of the counting.

8. The People's Council shall examine and adopt a Resolution confirming the results of the confidence vote on individuals holding positions elected by the People's Council according to the proposal of the Permanent Office of the People's Council.

Article 17. Consequences for Individuals Subject to Confidence Votes

If an individual subject to a confidence vote receives more than half of the total votes indicating "no confidence", then the agency or person with authority to introduce that individual for election or approval by the National Assembly or People's Council shall be responsible for presenting to the National Assembly or People's Council for consideration and decision on removal or approval of a request for removal of that individual at that session or the nearest session.

Article 18. Ballots Used in Confidence Polls and Confidence Votes and Determination of Valid Ballots

1. Ballots used in confidence polls shall be in accordance with the model prescribed in the Appendix attached to this Resolution, including separate ballots for each position and group of positions. Each ballot shall clearly state 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 simultaneously holds multiple positions as stipulated in Clause 1 or Clause 2 of Article 2 of this Resolution, all such positions shall be fully recorded on the confidence ballot.

Ballots used in confidence votes shall be in accordance with the model prescribed in the Appendix attached to this Resolution, including separate ballots for each individual subject to the confidence vote by the National Assembly or People's Council. Each ballot shall clearly state 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 portion 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 shall be deemed invalid, while the results indicating the level of confidence for other individuals listed remain valid.

In cases where a ballot includes additional names of individuals not listed in the original ballot issued by the Counting Board, such additional entries shall have no value; the results indicating the level of confidence for other individuals listed remain valid.

Article 19. Results of trust votes and confidence votesThe results of trust votes and confidence votes shall be as follows:

1. The results of trust votes for each individual announced publicly at the session by the Board of Counters shall include the following contents:

a) Name and position of the person subject to the trust vote;

b) Number of ballots issued, number of ballots received, and number of valid ballots;

c) Number of ballots marked "high trust", percentage compared to the total number of ballots;

d) Number of ballots marked "trust", percentage compared to the total number of ballots;

đ) Number of ballots marked "low trust", percentage compared to the total number of ballots.

2. The results of confidence votes for each individual announced publicly at the session by the Board of Counters shall include the following contents:

a) Name and position of the person subject to the confidence vote;

b) Number of ballots issued, number of ballots received, and number of valid ballots;

c) Number of ballots marked "trust", percentage compared to the total number of ballots;

d) Number of ballots marked "no trust", percentage compared to the total number of ballots.

3. The total number of ballots used as the basis for calculating the trust vote ratio specified in Articles 12, 13, and 17 of this Resolution and Clause 1 and Clause 2 of this Article is the total number of ballots received when National Assembly deputies and People's Council deputies conduct the trust vote and confidence vote.

4. The Resolution confirming the results of the trust vote shall clearly state the time of the trust vote, the total number of individuals subject to the trust vote, general evaluation of the implementation of the trust vote, the results of the trust vote for each individual, determination of individuals falling under the provisions of Clause 2 and Clause 3 of Article 12 of this Resolution, and shall be sent to the competent authority managing cadres. The Resolution of the People's Council at the provincial level shall be sent to the People's Council at the provincial level; the Resolution of the People's Council at the provincial level shall be sent to the Standing Committee of the National Assembly.

5. The Resolution confirming the results of the confidence vote shall clearly state the basis for the confidence vote, the time, the results of the confidence vote, determination of individuals with more than half of the total number of ballots marked "no trust", and shall be sent to the competent authority managing cadres, the higher-level People's Council; for the Resolution of the People's Council at the provincial level, it shall be sent to the Standing Committee of the National Assembly.

6. The results of the trust vote and confidence vote must be publicly disclosed through mass media for voters and the people to know no later than three days from the date the Resolution confirming the results of the trust vote and the Resolution confirming the results of the confidence vote are adopted.

7. No later than January 15 of the following year after the trust vote is conducted, the Standing Body of the People's Council at the provincial level shall have the responsibility to compile and report to the Standing Committee of the National Assembly on the results of the trust vote of the People's Councils at the same level and county within its jurisdiction according to the model prescribed in the Appendix attached to this Resolution.

Article 20. Suspension of Effectiveness

Suspension of the effectiveness of Article 12 and Article 13 of the Law on the Organization of the National Assembly No. 57/2014/QH13 amended and supplemented by Law No. 65/2020/QH14; Article 88 and Article 89 of the Law on the Organization of Local Administration No. 77/2015/QH13 amended and supplemented by Law No. 21/2017/QH14 and Law No. 47/2019/QH14; Articles 18, 19, 63, and 64 of the Law on the Supervisory Activities of the National Assembly and People's Councils No. 87/2015/QH13 from the date this Resolution takes effect until the National Assembly has other regulations.

Article 21. Amending and supplementing Resolution No. 119/2020/QH14 and Resolution No. 131/2020/QH14

1. Repeal Point d Clause 1 Article 2 of Resolution No. 119/2020/QH14 dated June 19, 2020 of the National Assembly on piloting the urban administrative model and some special mechanisms and policies for the development of Da Nang City.

2. Repeal Point c Clause 1 Article 2 of Resolution No. 131/2020/QH14 dated November 16, 2020 of the National Assembly on organizing the urban administrative system in Ho Chi Minh City.

Article 22. Effectiveness

1. This Resolution shall take effect from July 1, 2023.

2. Resolution No. 85/2014/QH13 dated November 28, 2014 of the National Assembly on the process of confidence votes and no-confidence votes against persons elected or approved by the National Assembly and People's Councils shall cease to be effective from the date this Resolution takes effect.

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

This Resolution was adopted by the National Assembly of the Socialist Republic of Vietnam, the fifteenth session, fifth meeting, on June 23, 2023.

SPEAKER OF THE NATIONAL ASSEMBLY

 

(Signed)

 

 

Vu Dinh Hue

 

ANNEX

(Issued together with Resolution number 96/2023/QH15 dated June 23, 2023 of the National Assembly on the process of confidence votes and no-confidence votes against persons elected or approved by the National Assembly and People's Councils)

 

Appendix 1: Form used in the process of confidence vote at the National Assembly

 

FORM OF CONFIDENCE VOTE

3. Amend Clause 3 Article 2 as follows:AGAINST .......(1)........

(For the purpose of confidence vote)

Members of the National Assembly express their confidence by marking (X) in one of the three boxes evaluating the level of confidence against each person subject to the confidence vote.

 

Note:

(1) Types of forms used in the process of confidence vote at the National Assembly, specifically as follows:

- Confidence form against the Chairman of the National Assembly.

- Confidence form against the Vice Chairmen of the National Assembly, members of the Standing Committee of the National Assembly, Secretary-General of the National Assembly, Chairmen of Ethnic Minority Committees, Chairmen of National Assembly Committees.

- Confidence form against the President of the State.

- Confidence form against the Vice Presidents of the State.

- Confidence form against the Prime Minister.

- Confidence form against Deputy Prime Ministers, Ministers, other members of the Government.

- Confidence form against the Chief Justice of the Supreme People's Court.

- Confidence form against the Procurator General of the Supreme People's Procuracy.

- Confidence form against the Auditor General.

(2) Record the full name of each person subject to the confidence vote.

(3) Record all positions elected or approved by the National Assembly as specified in Clause 1 Article 2 of this Resolution.

 

 Appendix 2: Form used in the process of no-confidence vote at the National Assembly

 

FORM OF CONFIDENCE VOTE

3. Amend Clause 3 Article 2 as follows:AGAINST MR./MS. .......(1)...........,………(2)………..

(For the purpose of no-confidence vote)

Members of the National Assembly express their confidence by marking (X) in one of the two boxes evaluating the level of confidence.

 

 

Note:

(1) Record the full name of the person subject to the no-confidence vote.

(2) Record the position elected or approved by the National Assembly of the person subject to the no-confidence vote.

 

 

 

 

 

 

 

 

 

 

 

 

Appendix 3: Form used in the process of confidence vote at the Provincial People's Council and District People's Council

 

FORM OF CONFIDENCE VOTE

AGAINST ............(3)..........

(For the purpose of confidence vote)

Members of the People's Council express their confidence by marking (X) in one of the three boxes evaluating the level of confidence against each person subject to the confidence vote.

 

Note:

(1) Record the level and name of the administrative unit.

(2) Record the place name.

(3) Types of forms used in the process of confidence vote at the People's Council, specifically as follows:

- Confidence form against the Chairman of the People's Council.

- Confidence form against the Vice Chairmen of the People's Council, Heads of the People's Council.

- Confidence form against the Chairman of the People's Committee.

- Confidence form against the Vice Chairmen of the People's Committee, members of the People's Committee.

(4) Record the full name of each person subject to the confidence vote.

(5) Record all positions elected by the People's Council as specified in Clause 2 Article 2 of this Resolution.

Appendix 4: Form used in the process of no-confidence vote at the People's Council

FORM OF CONFIDENCE VOTE

3. Amend Clause 3 Article 2 as follows:AGAINST MR./MS. .......(3)...........,…………….(4)………..

(For the purpose of no-confidence vote)

Members of the People's Council express their confidence by marking (X) in one of the two boxes evaluating the level of confidence.

 

Note:

(1) Record the level and name of the administrative unit.

(2) Record the place name.

(3) Record the full name of the person subject to the no-confidence vote.

(4) Record the position elected by the People's Council of the person subject to the no-confidence vote.

 

 

 

 

 

 

 

 

 

 

 

Appendix 5: Report of the person subject to the confidence vote

REPORT

OF THE PERSON SUBJECT TO THE CONFIDENCE VOTE

At the … session of the … National Assembly term /People's Council…(2)… term …

 

Respectfully submitted to: …(3)…

 

- I am: …(4)…

- Position: …(5)…

- Workplace: …

Based on Resolution No. 96/2023/QH15 dated June 23, 2023 of the National Assembly on the process of confidence votes and no-confidence votes against persons elected or approved by the National Assembly and People's Councils, I hereby report as follows:

1. Political quality, morality, lifestyle, compliance with the Constitution and laws

- Political stance, viewpoint, political resolve in implementing the Party's guidelines and state policies and laws; maintaining political quality, morality, and lifestyle; sense of responsibility in work, attitude towards serving the people; thrift, frugality, honesty, integrity, impartiality, fairness, objectivity, initiative, creativity in performing assigned tasks and powers.

- Compliance with the Constitution and laws, organizational discipline awareness; implementation of the principle of centralized democracy, self-criticism and criticism; adherence to regulations of the workplace agency or unit; ability to unite internal staff and handle difficult, complex, and sensitive issues.

- Implementation of prohibitions for Party members, officials, and civil servants, and exemplary responsibility; personal exemplary behavior and that of spouse, children in complying with state policies and laws.

2. Results of assigned tasks and powers

- Results of leadership, advisory work, and organization of implementation of the Party's guidelines and the State's policies and laws in the field and scope of responsibility; dynamism, innovation, creativity, decisiveness, willingness to think, act, and take responsibility in performing assigned tasks and powers.

- Results of leadership and direction in implementing the Party's policy and the State's laws on anti-corruption, thrift, and waste prevention; results of leadership in personnel work, talent attraction and utilization; inspection, audit, and supervision work.

- Quantity and quality of products, effectiveness of assigned tasks and powers; level of completion of tasks by organizations, agencies, and units under management.

- Results of implementing resolutions and conclusions on specialized oversight, interpellations, and other resolutions and conclusions of the National Assembly, Standing Committee of the National Assembly, People's Council; conclusions and recommendations of the Ethnic Council, Committees of the National Assembly, Delegation of National Assembly deputies, National Assembly deputies, Standing Committee of the People's Council, Committees of the People's Council, Delegations of the People's Council, and People's Council deputies; results of handling complaints, petitions, reception and resolution of citizens' and people's suggestions and reflections in the field and scope of responsibility; results of fulfilling commitments and issues promised (if any).

3. Limitations, shortcomings and directions for improvement

 

 

 

 

Note:

(1) Record place name.

(2) Record administrative level and name of administrative unit.

(3) Record "National Assembly deputies" (for reports of individuals subject to confidence votes at the National Assembly) or record "People's Council deputies" (for reports of individuals subject to confidence votes at provincial or district-level People's Councils).

(4) Record full name of the reporting person.

(5) Record all positions elected or approved by the National Assembly or People's Council as stipulated in Clause 1 or Clause 2 of Article 2 of this Resolution.

 

 

 

 

 

Appendix 6: Report and Explanation of Individuals Subject to Confidence Votes

REPORT AND EXPLANATION

OF THE PERSON SUBJECT TO THE CONFIDENCE VOTE

At the…session of the…term of the National Assembly/House of People's Representatives

 

Respected: - Standing Committee of the National Assembly/Permanent Office of the House of People's Representatives

                       - ………………………(2)……………………………………

 

- I am: …(3)…

- Position: …(4)…

- Workplace: …

Based on Resolution No. 96/2023/QH15 dated June 23, 2023 of the National Assembly on confidence voting for individuals elected or approved by the National Assembly or People's Council, on…day…month…year…I submitted a report to the Standing Committee of the National Assembly/Permanent Office of the House of People's Representatives. In light of the opinions from……, I hereby provide explanations as follows:

- First explanation content: …

……………………………………………………………………………………..……………..………………………………………………………………………..…………………………..

- Second explanation content: …

……………………………………………………………………………………..……………..………………………………………………………………………..…………………………..

- …………………………………………………………………………………………..

……………………………………………………………………………………………………

Note:

(1) Record place name.

(2) Record the name of the National Assembly deputy/People's Council deputy requesting.

(3) Record full name of the reporting person.

(4) Record all positions elected or approved by the National Assembly or People's Council as stipulated in Clause 1 or Clause 2 of Article 2 of this Resolution.

Appendix 7: Outline of the Report and Model Form for Consolidating the Report on Confidence Voting Results

 

OUTLINE OF THE REPORT

Results of Confidence Voting of the People's Council

 

I. PREPARATORY WORK

1. On leadership and guidance in preparing for confidence voting

2. Proposed list of individuals subject to confidence voting elected by the People's Council. Cases not subject to confidence voting and reasons (if any)

II. ON RESULTS OF CONFIDENCE VOTING FORM OF CONFIDENCE VOTE

1. Results

1.1. At provincial level:

- Summary of confidence voting results:…

……………………………………………………………………………………..

- Results of handling individuals with more than half but less than two-thirds of votes rating "low confidence": …

- Results of handling individuals with two-thirds or more of total votes rating "low confidence": …

1.2. At district level:

- Summary of confidence voting results:…

……………………………………………………………………………………..

- Results of handling individuals with more than half but less than two-thirds of votes rating "low confidence":…

- Results of handling individuals with two-thirds or more of total votes rating "low confidence": …

2. General Assessment

2.1. Strengths

2.2. Weaknesses and limitations

2.3. Causes

2.4. Some experiences

III. RECOMMENDATIONS AND PETITIONS (if any)

 

 

 

 

 

Note:       

(1) Record the level and name of the administrative unit.

(2) Record the place name.