07:47 | 23/07/2024

Cases for a Vote of Confidence for Persons Holding Positions Elected or Ratified by the National Assembly

Which cases qualify for a vote of confidence for individuals holding positions elected or approved by the National Assembly? Your question comes from A.M.T in Hanoi.

Cases Eligible for a Vote of Confidence for Individuals Holding Positions Elected or Approved by the National Assembly

Pursuant to Article 13 of Resolution 96/2023/QH15, the circumstances under which a vote of confidence is held are outlined as follows:

- The Standing Committee of the National Assembly may present a vote of confidence for those holding positions elected or approved by the National Assembly in the following instances:

+ The Standing Committee of the National Assembly proposes it of its own accord;

+ There is a recommendation from the Ethnic Council or a committee of the National Assembly;

+ There is a recommendation from at least 20% of the total number of National Assembly deputies;

+ The person subject to the vote of confidence receives more than half, but less than two-thirds of the total number of “low confidence” votes.

Thus, the National Assembly conducts a vote of confidence for individuals holding positions elected or approved by the National Assembly under the above-mentioned circumstances.

Cases Eligible for a Vote of Confidence for Individuals Holding Positions Elected or Approved by the National Assembly

Cases Eligible for a Vote of Confidence for Individuals Holding Positions Elected or Approved by the National Assembly

Proposal and Recommendation Process for a Vote of Confidence in the National Assembly

Pursuant to Clause 1, Article 14 of Resolution 96/2023/QH15, the procedure for proposing and recommending a vote of confidence in the National Assembly, as outlined in points a, b, and c, Clause 1, Article 13 of Resolution 96/2023/QH15, is carried out as follows:

- Based on monitoring, questioning results, or in other necessary instances:

+ The Standing Committee of the National Assembly decides on presenting a vote of confidence for those holding positions elected or approved by the National Assembly;

- During oversight, if it is found that individuals holding positions elected or approved by the National Assembly show signs of violating the law or failing to perform their duties, rights, and responsibilities, causing serious harm to the state's interests, or the lawful rights and interests of organizations and individuals, or if there is a written recommendation from at least 20% of the total members of the Ethnic Council:

+ Members of the National Assembly's committee regarding the consideration of a vote of confidence for those holding positions elected or approved by the National Assembly must report to the Ethnic Council or committee for a decision.

- If at least two-thirds of the total members of the Ethnic Council or committee vote in favor of the recommendation, the Ethnic Council or committee shall recommend the Standing Committee of the National Assembly to present a vote of confidence to the National Assembly;

- National Assembly deputies can recommend a vote of confidence for individuals holding positions elected or approved by the National Assembly by sending a written request to the Standing Committee of the National Assembly.

+ Upon receiving the recommendation from at least 20% of the total number of National Assembly deputies regarding an individual holding a position elected or approved by the National Assembly, the Standing Committee of the National Assembly shall present the vote of confidence to the National Assembly.

+ The total number of recommendations from National Assembly deputies regarding the vote of confidence is calculated from the commencement of the current regular session to the commencement of the next regular session of the National Assembly.

Procedure for Recommending a Vote of Confidence in the People’s Council

Pursuant to Clause 1, Article 14 of Resolution 96/2023/QH15, the procedure for recommending a vote of confidence in the People's Council, as outlined in points a and b, Clause 2, Article 13 of Resolution 96/2023/QH15, is carried out as follows:

- Members of the People's Council can recommend a vote of confidence for individuals holding positions elected by the People's Council by sending a written request to the Standing Committee of the People's Council.

+ Upon receiving the recommendation from at least one-third of the total number of People's Council deputies regarding an individual holding a position elected by the People's Council, the Standing Committee of the People's Council shall present the vote of confidence to the People's Council.

+ The total number of recommendations from People's Council deputies regarding the vote of confidence is calculated from the commencement of the current regular session to the commencement of the next regular session of the People's Council;

- The Vietnam Fatherland Front Committee at the locality, through collecting and consolidating opinions and recommendations from voters and the people or through oversight activities, if it finds that individuals holding positions elected by the People's Council show signs of violating the law or failing to perform their duties, rights, and responsibilities, causing serious harm to the state's interests, or the lawful rights and interests of organizations and individuals:

+ Can recommend the Standing Committee of the People's Council at the same level to present a vote of confidence to the People's Council.

+ The recommendations from the Vietnam Fatherland Front Committee at the locality on the vote of confidence are carried out in accordance with the guidance of the Central Committee of the Vietnam Fatherland Front.

Note: The documents proposing or recommending a vote of confidence in the National Assembly or the People's Council must clearly state the full name, position of the individual to be subjected to the vote of confidence, and the reasons for the proposal or recommendation.

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