National Assembly Votes of Confidence for Which Positions? Consequences for the Individuals Subject to Confidence Voting?
For which positions does the National Assembly vote of confidence according to Resolution 96?
The vote of confidence is explained according to the provisions of Clause 2, Article 3, Resolution 96/2023/QH15 as follows:
Vote of confidence is the National Assembly and People's Council exercising their supervisory authority to evaluate confidence or no-confidence towards individuals holding positions elected or approved by the National Assembly and People's Council as a basis for dismissal or approval of a dismissal proposal for those not trusted by the National Assembly and People's Council.
The vote of confidence is the National Assembly and People's Council exercising their supervisory authority to evaluate confidence or no-confidence towards individuals holding positions elected or approved by the National Assembly and People's Council as a basis for dismissal or approval of a dismissal proposal for those not trusted by the National Assembly and People's Council.
The subjects for the vote of confidence are stipulated in Clause 3, Article 2, Resolution 96/2023/QH15 as follows:
Subjects of the vote of confidence, vote of no confidence
1. The National Assembly shall conduct a vote of confidence for the following positions:
a) President, Vice President;
b) Chairman, Vice Chairmen, Members of the Standing Committee of the National Assembly, Secretary-General of the National Assembly, Chairman of the Ethnic Council, Chairmen of the Committees of the National Assembly;
c) Prime Minister, Deputy Prime Ministers, Ministers, and other members of the Government of Vietnam;
d) Chief Justice of the Supreme People's Court, Procurator General of the Supreme People's Procuracy, Auditor General of the State Audit Office.
2. Provincial and district-level People's Councils shall conduct a vote of confidence for the following positions:
a) Chairman, Vice Chairmen, Heads of Committees of the Provincial and District-level People’s Councils;
b) Chairman, Vice Chairmen, Members of the Provincial and District-level People’s Committees.
3. The National Assembly, People’s Council shall conduct a vote of confidence for individuals holding positions elected or approved by the National Assembly and People’s Council in the instances specified in Article 13 of this Resolution.
4. In the case where an individual concurrently holds multiple positions specified in Clause 1 or Clause 2 of this Article, the vote of confidence shall be conducted once for all those positions.
5. A vote of confidence shall not be taken for individuals holding positions specified in Clauses 1 and 2 of this Article if they have notified their resignation from office pending retirement or have been elected or appointed within the year of the vote of confidence.
The National Assembly conducts a vote of confidence for individuals holding positions elected or approved by the National Assembly in the instances specified in Article 13 of Resolution 96/2023/QH15.
For which positions does the National Assembly vote of confidence? What are the consequences for those subject to votes of confidence? (Image from the Internet)
What are the instances of a vote of confidence?
The instances of a vote of confidence are stipulated in Clause 1, Article 13, Resolution 96/2023/QH15 as follows:
Instances of a vote of confidence
1. The Standing Committee of the National Assembly shall present to the National Assembly a vote of confidence for individuals holding positions elected or approved by the National Assembly in the following cases:
a) The Standing Committee of the National Assembly proposes on its own;
b) Based on recommendations from the Ethnic Council or Committees of the National Assembly;
c) Based on recommendations from at least 20% of the total number of National Assembly deputies;
d) The individual subjected to the vote of confidence has garnered over half to under two-thirds of the total votes as "low confidence".
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Based on the provisions, the instances of a vote of confidence include:
(1) The Standing Committee of the National Assembly presents to the National Assembly a vote of confidence for individuals holding positions elected or approved by the National Assembly in the following cases:- The Standing Committee of the National Assembly proposes on its own;- Based on recommendations from the Ethnic Council or Committees of the National Assembly;- Based on recommendations from at least 20% of the total number of National Assembly deputies;- The individual subjected to the vote of confidence garners over half to under two-thirds of the total votes as "low confidence".
(2) The Standing Committee of the People's Council presents to the People's Council a vote of confidence for individuals holding positions elected by the People's Council in the following cases:- Based on recommendations from at least one-third of the total number of People's Council deputies;- Based on recommendations from the Vietnam Fatherland Front Committee at the corresponding level;- The individual subjected to the vote of confidence garners over half to under two-thirds of the total votes as "low confidence".
Note:- In the case where an individual concurrently holds multiple positions as listed above, the vote of confidence shall be conducted once for all those positions.- A vote of confidence shall not be taken for individuals holding the aforementioned positions who have notified their resignation from office pending retirement or have been elected or appointed within the year of the vote of confidence.
What are the consequences for individuals subject to a vote of confidence?
According to Article 17 of Resolution 96/2023/QH15, the provisions are as follows:
- The results of the vote of confidence are used to assess officials and serve as a basis for planning, transfer, appointment, nomination, dismissal, and implementing policies regarding officials.- An individual subjected to the vote of confidence who garners over half to under two-thirds of the total votes as "low confidence" may resign; if not, the Standing Committee of the National Assembly shall present to the National Assembly, and the Standing Committee of the People's Council shall present to the People's Council to conduct a vote of no confidence at that or the nearest next session; if an individual has been subjected to the vote of confidence for multiple positions at once, the vote of no confidence shall be conducted once for those positions.- An individual subjected to the vote of confidence who garners two-thirds or more of the total votes as "low confidence" shall have the authority for nomination or approval tasked with presenting to the National Assembly or People's Council to dismiss or approve the dismissal proposal at that or the nearest next session; if an individual has been subjected to the vote of confidence for multiple positions at once, the dismissal or approval of the dismissal proposal shall be conducted for those positions.
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