Vietnam: What are the regulations on the form used in the process of casting of votes of confidence at People's Councils at all levels?
What are the regulations on the form used in the process of casting of votes of confidence at People's Councils at all levels?
Currently, when carrying out the process of casting of votes of confidence at People's Councils at all levels, it is necessary to use the form of a vote of confidence specified in Form No. 5 of Appendix enclosed with Resolution 85/2014/QH13 of Vietnam as follows:
Download the form used in the process of casting of votes of confidence at People's Councils at all levels: Click here.
Vietnam: What are the regulations on the form used in the process of casting of votes of confidence at People's Councils at all levels?
Who is eligible for casting of votes of confidence in Vietnam?
Pursuant to Article 1 of Resolution 85/2014/QH13 of Vietnam stipulating as follows:
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.
According to the above provisions, those holding positions elected or approved by People's Councils at all levels are the subjects of the casting of votes of confidence at People's Councils.
What are the cases in which votes of confidence are cast at the People's Council?
Pursuant to Article 11 of Resolution 85/2014/QH13 of Vietnam stipulating as follows:
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.
Thus, the People's Council will conduct casting of votes of confidence in Vietnam for individuals holding positions elected or approved by the People's Council at the request of the People’s Council Standing Body at the same level in the following 03 cases:
- It is so petitioned by at least one-third of the total number of People’s Council deputies;
- It is so petitioned by the Fatherland Front Committee of the same level;
- 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.
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