Nghị quyết 85/2014/QH13

RESOLUTION

ON THE COLLECTION AND CASTING OF VOTES OF CONFIDENCE ON PERSONS HOLDING POSITIONS ELECTED OR APPROVED BY THE NATIONAL ASSEMBLY OR PEOPLE’S COUNCILS

THE NATIONAL ASSEMBLY OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to the Constitution of the Socialist Republic of Vietnam;

Pursuant to Law No. 30/2001/QH10 on Organization of the National Assembly, which was revised under Law No. 83/2007/QH11;

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

Pursuant to Law No. 17/2008/QH12 on Promulgation of Legal Documents;

RESOLVES:

Article 1. Scope of regulation and subjects of application

1. This Resolution provides the National Assembly’s and the People’s Councils’ collection and casting of votes of confidence on persons holding positions elected or approved by the National Assembly or People’s Councils, who are defined in Clauses 2, 3 and 4 of this Article.

2. The National Assembly may collect votes of confidence on persons holding the following positions:

a/ President, Vice President;

b/ Chairperson or Vice Chairperson of the National Assembly, members of the National Assembly Standing Committee, Chairperson of the Ethnic Council, and Chairperson of a Committee of the National Assembly;

c/ Prime Minister, Deputy Prime Minister, minister and 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.

3. The People’s Councils may collect votes of confidence on persons holding the following positions:

a/ Chairperson or Vice Chairperson of the People’s Council, standing member of the People’s Council, and Head of a Committee of the People’s Council;

b/ Chairperson or Vice Chairperson of the People’s Committee and other members of the People’s Committee.

4. The National Assembly or People Councils may cast votes of confidence on persons holding positions elected or approved by the National Assembly or People’s Councils.

5. In case a person concurrently holds a number of positions defined in Clause 2 or 3 of this Article, votes of confidence may be collected once for such positions.

6. Not to collect votes of confidence on persons holding positions defined in Clause 2 or 3 of this Article for less than nine consecutive months up to the opening date of the session during which collection of votes of confidence of the National Assembly or People’s Council shall be conducted.

Article 2. Interpretation of terms

In this Resolution, the terms below are construed as follows:

1. Collection of votes of confidence means the exercise of the oversight power and assessment of the level of confidence by the National Assembly or People’s Councils on persons holding positions elected or approved by the National Assembly or People’s Councils, which serves as a basis for consideration and assessment of officials.

2. Casting of votes of confidence means the expression by the National Assembly or People’s Councils of confidence or non-confidence on persons holding positions elected or approved by the National Assembly or People’s Councils, which serves as a basis for removal from duty, or approval of proposals on removal from duty of persons who no longer gain the confidence of the National Assembly or People’s Councils.

Article 3. Purposes of the collection and casting of votes of confidence

The collection and casting of votes of confidence aim to enhance the effect and effectiveness of oversight activities of the National Assembly and People’s Councils; to raise the quality and effectiveness of operation of the state apparatus; to help the persons on whom votes of confidence are collected or cast aware of the levels of confidence on them so as to strive harder, temper themselves and raise the quality and effectiveness of their activities; to serve as a basis for competent agencies or organizations to consider and assess officials.

Article 4. Principles of collection and casting of votes of confidence

1. To guarantee the right of and heighten the responsibility of National Assembly and People’s Council deputies in the collection and casting of votes of confidence; to respect the rights to report and explain of persons on whom votes of confidence are collected or cast.

2. To ensure publicity, fairness, democracy and objectiveness; to ensure the truthful assessment of the performance of tasks and exercise of powers by, and the political quality, virtue and lifestyle of persons on whom votes of confidence are collected or cast.

3. To ensure the stability and effectiveness of operation of the state apparatus and the leadership of the Party in personnel work.

Article 5. Grounds for assessment of the level of confidence

Grounds for assessment of the level of confidence on persons on whom votes of confidence are collected or cast include:

1. Results of performance of their assigned tasks and exercise of their delegated powers;

2. Political quality, virtue and lifestyle; the observance of the Constitution and laws.

Article 6. Responsibilities of agencies, organizations and individuals in the collection or casting of votes of confidence

1. The National Assembly and People’s Councils shall organize the collection of votes of confidence, ensuring proper subjects, principles, time and process prescribed by this Resolution.

2. National Assembly and People’s Council deputies shall participate in the collection or casting of votes of confidence at the sessions of the National Assembly or People’s Councils; show their caution, objectivity, impartiality and fairness in expressing their confidence.

3. Persons on whom votes of confidence are collected shall truthfully report on the results of performance of their assigned tasks and exercise of their delegated powers, their political quality, virtue and lifestyle, declare property, income, limitations, shortcomings and solutions and fully explain the contents requested by National Assembly or People’s Council deputies.

4. The Vietnam Fatherland Front Central Committee and the Fatherland Front Committees at all levels shall collect, fully and promptly summarize voters’ opinions and petitions (if any) which are related to persons on whom votes of confidence are collected and submit them prior to the sessions of the National Assembly or People’s Councils.

5. Agencies, organizations and individuals may not abuse the collection or casting of votes of confidence to canvass or commit illegal acts to affect National Assembly or People’s Council deputies.

Article 7. Time and place for organization of the collection of votes of confidence

The National Assembly or People’s Councils shall organize the collection of votes of confidence once at the regular session at the end of the third year of their term.

Article 8. Process of collecting votes of confidence at the National Assembly

1. The person on whom votes of confidence will be collected, who is defined in Clause 2, Article 1 of this Resolution, makes a report according to the form provided in the Appendix to this Resolution to the National Assembly Standing Committee at least 30 days before the opening date of the National Assembly session.

2. The National Assembly Standing Committee sends the report made by the person on whom votes of confidence will be collected and a report of the Vietnam Fatherland Front Central Committee summarizing voters’ opinions and petitions (if any) related to this person to National Assembly deputies at least 20 days before the opening date of the National Assembly session.

3. In case issues related to the person on whom votes of confidence will be collected must be clarified, at least 15 days before the opening date of the session during which the collection of votes of confidence will be conducted, National Assembly deputies may propose the National Assembly Standing Committee to request competent agencies to verify and give written replies.

4. At least 10 days before the date of collecting votes of confidence, National Assembly deputies may send written requests to the National Assembly Standing Committee and the person on whom votes of confidence will be collected, for the person concerned to clarify the contents serving as the grounds for assessment of the level of confidence. The person on whom votes of confidence will be collected shall send his/her written reply to the National Assembly Standing Committee and the requesting deputies before the date of collecting votes of confidence.

5. At the session, the National Assembly Standing Committee shall submit the list of persons on whom votes of confidence will be collected to the National Assembly for decision.

Before votes of confidence are collected, the National Assembly shall discuss in National Assembly deputies’ delegations issues related to the collection of votes of confidence. The National Assembly Standing Committee shall report before the National Assembly on the results of discussions in the National Assembly deputies’ delegations.

6. The National Assembly forms a Vote Counting Board.

7. The National Assembly collects votes of confidence through secret ballots. The ballot papers shall be pre-printed with the full name and position of the person concerned, and the levels of “high confidence,” “confidence” and “low confidence”.

8. The Vote Counting Board announces the vote count result.

9. The National Assembly considers and adopts a resolution confirming the results of the collection of votes of confidence at the proposal of the National Assembly Standing Committee.

Article 9. Process of collecting votes of confidence at People’s Councils

1. The person on whom votes of confidence will be collected, who is defined in Clause 3, Article 1 of this Resolution, makes a report according to the form provided in the Appendix to this Resolution to the People’s Council Standing Body at least 30 days before the opening date of the People’s Council session.

2. The People’s Council Standing Body sends the report of the person concerned and a report of the Fatherland Front Committee of the same level summarizing voters’ opinions and petitions (if any) related to the person concerned to People’s Council deputies at least 20 days before the opening date of the People’s Council session.

3. In case People’s Council deputies want to clarify issues related to the person on whom votes of confidence will be collected, at least 15 days before the opening date of the session during which votes of confidence will be collected, the deputies may propose the People’s Council Standing Body to request competent agencies to verify and give written replies.

4. At least 10 days before the opening date of the People’s Council session, People’s Council deputies may send written requests to the People’s Council Standing Body and the person concerned, for the person concerned to clarify contents serving as the grounds for assessment of confidence. The person on whom votes of confidence will be collected shall send his/her written reply to the People’s Council Standing Body and the requesting deputies before the date of collecting votes of confidence.

5. At the session, the People’s Council Standing Body shall submit the list of persons on whom votes of confidence will be collected to the People’s Council for decision.

Before votes of confidence are collected, the People’s Council shall discuss in People’s Council deputies groups issues related to the collection of votes of confidence. The People’s Council Standing Body shall report before the People’s Council on the results of discussions in People’s Council deputies’ groups.

6. The People’s Council forms a Vote Counting Board.

7. The People’s Council collects votes of confidence through secret ballots. The ballot papers shall be pre-printed with the full name and position of the person concerned, and the levels “high confidence,” “confidence” and “low confidence”.

8. The Vote Counting Board announces the vote count results.

9. The People’s Council considers and adopts a resolution confirming the results of the collection of votes of confidence at the proposal of the People Council Standing Body.

Article 10. Effects on persons on whom votes of confidence are collected

1. A person on whom votes of confidence are collected and who is assessed as “low confidence” by more than half of the total number of National Assembly or People’s Council deputies may submit his/her resignation.

2. When a person on whom votes of confidence are collected is assessed as “low confidence” by two-thirds or more of the total number of National Assembly or People’s Council deputies, the National Assembly Standing Committee may propose the National Assembly or the People’s Council Standing Body may propose the People’s Council to cast votes of confidence.

Article 11. Cases in which votes of confidence are cast

1. The National Assembly Standing Committee may propose the National Assembly to cast votes of confidence on persons holding positions elected or approved by the National Assembly in the following cases:

a/ It is so proposed by the National Assembly Standing Committee;

b/ It is so petitioned by the Ethnic Council or a Committee of the National Assembly;

c/ It is so petitioned by at least 20 percent of the total number of National Assembly deputies;

d/ The person on whom votes of confidence are collected is assessed as “low confidence” by two-thirds or more of the total number of National Assembly deputies.

2. The People’s Council Standing Body may propose the People’s Council to cast votes of confidence on persons holding positions elected by the People’s Council in the following cases:

a/ It is so petitioned by at least one-third of the total number of People’s Council deputies;

b/ It is so petitioned by the Fatherland Front Committee of the same level;

c/ The person on whom votes of confidence are collected is assessed as “low confidence” by two-thirds or more of the total number of People’s Council deputies.

Article 12. Procedures to propose or petition the National Assembly or People’s Councils to cast votes of confidence

1. The proposal or petition to the National Assembly to cast votes of confidence specified at Points a, b and c, Clause 1, Article 11 of this Resolution shall be made as follows:

a/ When considering it necessary, the National Assembly Standing Committee may make its own decision to propose the National Assembly to cast votes of confidence on persons holding positions elected or approved by the National Assembly;

b/ During the oversight process, if a person holding a position elected or approved by the National Assembly is detected as having committed illegal acts or having failed to fully and properly perform his/her assigned tasks or exercise his/her designated powers, causing serious damage to the interests of the State, the lawful rights and interests of organizations and individuals, or if there are petitions of at least 20 percent of the total number of the Ethnic Council or a Committee of the National Assembly for considering the casting of votes of confidence on the person holding the position elected or approved by the National Assembly, the Standing Body of the Council or the Committee shall report to the Council or the Committee for decision. In case at least two-thirds of the total number of the Council or the Committee vote for the petition, the Council or the Committee shall petition the National Assembly Standing Committee to propose the National Assembly to cast votes of confidence;

c/ National Assembly deputies shall petition the National Assembly for casting votes of confidence on persons holding positions elected or approved by the National Assembly by sending documents to the National Assembly Standing Committee. Upon the receipt of petitions of at least 20 percent of the total number of National Assembly deputies on one person holding a position elected or approved by the National Assembly, the National Assembly Standing Committee shall propose the National Assembly to cast votes of confidence. The number of National Assembly deputies’ petitions on the casting of votes of confidence shall be counted from the opening date of one session to the opening date of the following session of the National Assembly.

2. People’s Council deputies shall petition the People’s Councils for casting votes of confidence on persons holding positions elected by the People’s Councils by sending documents to the People’s Council Standing Body. Upon the receipt of petitions of at least one-third of the total number of People’s Council deputies on one person holding a position elected by the People’s Council, the People’s Council Standing Body shall propose the People’s Council to cast votes of confidence. The number of People’s Council deputies’ petitions on the casting of votes of confidence shall be counted from the opening date of one session to the opening date of the following session of the People’s Council.

Article 13. Process of casting votes of confidence on persons holding positions elected or approved by the National Assembly

1. The National Assembly Standing Committee proposes the National Assembly to cast votes of confidence on a person holding a position elected or approved by the National Assembly at a National Assembly session.

2. The person concerned may present his/her opinions before the National Assembly.

3. The National Assembly discusses in National Assembly deputies’ delegations.

4. In case of necessity, the Chairperson of the National Assembly meets with heads of National Assembly deputies’ delegations to exchange ideas on relevant matters.

5. The National Assembly Standing Committee reports before the National Assembly on the results of discussions in the National Assembly deputies’ delegations.

6. The National Assembly forms a Vote Counting Board.

7. The National Assembly casts votes of confidence through secret ballots. The ballot papers shall be pre-printed with the full name and position of the person concerned, and the levels “confidence” and “non-confidence”.

8. The Vote Counting Board announces the vote count result on the person concerned;

9. The National Assembly considers and adopts a resolution confirming the results of the casting of votes of confidence on the person concerned at the proposal of the National Assembly Standing Committee.

Article 14. Process of casting votes of confidence on persons holding positions elected by the People’s Councils

1. The People’s Council Standing Body proposes the People’s Council to cast votes of confidence on a person holding a position elected by the People’s Council at a People’s Council session.

2. The person concerned may present his/her opinions before the People’s Council.

3. The People’s Council discusses.

4. The People’s Council forms a Vote Counting Board.

5. The People’s Council casts votes of confidence through secrete ballots. The ballot papers shall be pre-printed with the full name and position of the person concerned, and the levels “confidence” and “non-confidence”.

6. The Vote Counting Board announces the vote count result on the person concerned.

7. The People’s Council considers and adopts a resolution confirming the results of the casting of votes of confidence on the person concerned at the proposal of the People’s Council Standing Body.

Article 15. Effects on persons winning no confidence of the National Assembly or People’s Councils

The person on whom votes of confidence are cast and who receives votes of non-confidence of more than half of the total number of National Assembly or People’s Council deputies may submit his/her resignation. If such person does not resign, the agency or competent person that has nominated such person for election or approval by the National Assembly or the People’s Council shall propose the National Assembly or the People’s Council to consider and decide on the removal from duty or to approve the proposal on removal from duty of that person.

Article 16. Ballot papers used in the collection or casting of votes of confidence and confirmation of valid ballot papers

1. Ballot papers used in the collection of votes of confidence, including separate ones for each position and position group, shall be made according to the form provided in the Appendix to this Resolution. The ballot papers shall be pre-printed with the full name and position of the person on whom votes of confidence will be cast by the National Assembly or the People’s Council and boxes corresponding to the levels of “high confidence”, “confidence,” and “low confidence”. In case a person concurrently holding a number of positions defined in Clause 2 or 3, Article 1 of this Resolution, such positions shall be clearly indicated on the ballot papers.

Ballot papers used in the casting of votes of confidence, including separate ones for each person on whom votes of confidence will be cast by the National Assembly or People’s Councils, shall be made according to the form provided in the Appendix to this Resolution. The ballot papers shall be pre-printed with the full name and position of the person concerned and boxes corresponding to the levels of “confidence” and “non-confidence”.

2. Ballot papers are invalid in the following cases:

a/ Ballot papers are not in the prescribed form distributed by the Vote Counting Board;

b/ No level of confidence is indicated or more than one level of confidence are indicated on the ballot paper.

3. In case a ballot paper on which many persons’ names are pre-printed contains an invalid expression of the level of confidence for one person as specified at Point b, Clause 2 of this Article, the result shall only be determined to be invalid for that person while the results of the levels of confidence on remaining persons in the list remain valid.

In case a ballot paper is additionally written with the name of a person outside the list pre-printed on the ballot papers distributed by the Vote Counting Board, such writing shall be invalid while the results of the levels of confidence on other persons in the list remain valid.

Article 17. Results of the collection and casting of votes of confidence

1. The Vote Counting Board shall publicly announce at the session the results of the collection of votes of confidence on each person, including the following contents:

a/ The full name and position of the person on whom votes of confidence are collected;

b/ The total numbers of distributed, received and valid ballot papers;

c/ The total number of votes of “high confidence”, the percentage compared with the total number of National Assembly or People’s Council deputies;

d/ The total number of votes of “confidence”, the percentage compared with the total number of National Assembly or People’s Council deputies;

dd/ The total number of votes of “low confidence”, the percentage compared with the total number of National Assembly or People’s Council deputies.

2. The Vote Counting Board shall publicly announce at the session the results of the casting of votes of confidence on each person, including the following contents:

a/ The full name and position of the person on whom votes of confidence are cast;

b/ The total numbers of distributed, received and valid votes;

c/ The total number of votes of “confidence”, the percentage compared with the total number of National Assembly or People’s Council deputies;

d/ The total number of votes of “non-confidence”, the percentage compared with the total number of National Assembly or People’s Council deputies.

3. The total number of National Assembly or People’s Council deputies used to calculate the voting rates is the number of National Assembly or People’s Council deputies at the time of the collection or casting of votes of confidence. National Assembly or People’s Council deputies who are being suspended from their deputy task shall not be included in the total.

4. A resolution confirming the results of the collection of votes of confidence must clearly state the time of the collection of votes of confidence, total number of persons on whom votes of confidence are collected; general assessment of the collection of votes of confidence and the results of the collection of votes of confidence on each person; and determine persons who fall in the cases specified in Clause 2, Article 10 of this Resolution.

5. A resolution confirming the results of the casting of votes of confidence must clearly state the time and results of the casting of votes of confidence and determine persons who receive non-confidence votes from more than half of National Assembly or People’s Council deputies.

Article 18. Effect

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

2. This Resolution replaces the National Assembly’s Resolution No. 35/2012/QH13 on the collection and casting of votes of confidence on persons holding positions elected or approved by the National Assembly or People’s Councils.

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

This Resolution was adopted on November 28, 2014, by the XIII^th National Assembly of the Socialist Republic of Vietnam at its 8^th session.-