What are the reasons for relief from the duty of the President of the Socialist Republic of Vietnam and the Chairperson of the National Assembly under Regulation 41? What are the procedures for consideration of the relief from the duty of the State President or the Chairperson of the National Assembly of Vietnam?

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• What are the reasons for relief from the duty of the President of the Socialist Republic of Vietnam and the Chairperson of the National Assembly under Regulation 41?
• What are the procedures for consideration of the relief from the duty of the State President or the Chairperson of the National Assembly of Vietnam?
• Shall the National Assembly of Vietnam conduct relief from the duty of the State President or its Chairperson?

What are the reasons for relief from the duty of the President of the Socialist Republic of Vietnam and the Chairperson of the National Assembly under Regulation 41?

Under Article 2 of Regulation 41-QD/TW of 2021, the relief from the duty of the President of the Socialist Republic of Vietnam and the Chairperson of the National Assembly is a competent authority to decide to remove an officer from office when the term of office has not expired or the term of appointment has not expired due to failure to meet the job requirements, declined credibility, or commission of violations but not to the point of disciplinary action for dismissal.

Under Article 5 of Regulation 41-QD/TW of 2021, consideration for relief from the duty of the President of the Socialist Republic of Vietnam and the Chairperson of the National Assembly is based on one of the following cases:

- Be on disciplinary period by warning or reprimand, but reputation is reduced that the official cannot hold the assigned position.

- Be disciplined and reprimanded twice or more in the same term or within the appointment term.

- Have more than two-thirds of low-confidence votes at the prescribed polling period.

- Have two consecutive years of quality rating at non-completion of duties.

- Be concluded by a competent authority to be degraded in terms of political ideology, morality, lifestyle, "self-evolution", "self-transformation"; commit the prohibited acts for communist party members; violate the responsibility to set an example, adversely affecting his/her reputation and the agency or unit where she/he is working

- Be concluded by a competent authority to violate political standards according to regulations on protecting the Party’s internal politics eligible for relief of duty.

In addition, Article 7 of Regulation 41-QD/TW of 2021 stipulates the grounds for considering the relief from the duty of the head when the agency, unit under his/her management, in charge, or direct subordinate commits very serious corruption or negative acts.

Thus, the consideration of the relief from the duty of the State President or the Chairperson of the National Assembly if he/she commits the above violations.

What are the procedures for consideration of the relief from the duty of the State President or the Chairperson of the National Assembly of Vietnam?

Under Article 8 of Regulation 41-QD/TW of 2021, the procedures for consideration of the relief from the duty of the State President or the Chairperson of the National Assembly of Vietnam are specified as follows:

- When there are sufficient grounds for the relief from the duty, within 10 working days at the latest, the CPV committees, party organizations, leadership collectives, heads of agencies, units employing officials or agencies advising on personnel work shall have to discuss with officials and propose the competent authority for consideration and decision.

- The competent authority shall consider and decide on the relief from the duty within 10 working days; In case of necessity for objective reasons, it may last no more than 15 working days.

- Based on the decision by the competent authority, relevant agencies shall carry out processes and procedures according to the CPV's regulations, State laws, charters and operation regulations of each organization.

Shall the National Assembly of Vietnam conduct relief from the duty of the State President or its Chairperson?

Under the provisions of Clause 7, Article 70 of the 2013 Constitution on the tasks and powers of the National Assembly of Vietnam:

The National Assembly has the following tasks and powers:

...

7. To elect, relieve from duty or remove from office the President, Vice Presidents, Chairperson and Vice Chairpersons of the National Assembly, members of the Standing Committee of the National Assembly, Chairperson of the Ethnic Council, Chairpersons of the Committees of the National Assembly, Prime Minister, Chief Justice of the Supreme People's Court, Procurator General of the Supreme People's Procuracy, Chairperson of the National Election Council, State Auditor General, and heads of other agencies established by the National Assembly; to approve proposals on the appointment, relief from duty or dismissal of the Deputy Prime Ministers, Ministers or other members of the Government, and Judges of the Supreme People’s Court; and to approve the lists of members of the National Defense and Security Council and the National Election Council.

After being elected, the President, Chairperson of the National Assembly, Prime Minister, and Chief Justice of the Supreme People’s Court shall take an oath of loyalty to the Fatherland, the People and the Constitution;

...

In addition, under Clause 1, Article 43 of the Rules of the National Assembly session promulgated together with Resolution 71/2022/QH15, the procedures for the relief from the duty of office holders elected or approved by the National Assembly of Vietnam are specified as follows:

Procedures for the relief from the duty, dismissal, approval of the proposal of relief from the duty, or removal from office of office holders elected or approved by the National Assembly of Vietnam

1. Except for the case specified in Clause 2 of this Article, the National Assembly shall relieve from duty, dismiss or approve the proposal of relief from the duty, or removal from office of office holders elected or approved by the National Assembly of Vietnam in the following order:

a) Agencies and persons competent to recommend to the National Assembly for election or approval the proposal for appointment of office holders submit to the National Assembly for the relief from the duty, dismissal, approval of the proposal of relief from the duty, or removal from office;

b) Members of the National Assembly discuss at the National Assembly Delegation; the Chairperson of the National Assembly may meet with the Heads of National Assembly Delegations to discuss relevant matters;

c) The representative of the competent agency or the person shall report to the National Assembly on the explanation and reception of opinions of National Assembly deputies at the National Assembly delegation;

d) The National Assembly discusses. Before the National Assembly discusses, the person proposed for dismissal, the person proposed for relief from the duty or dismissal has the right to express their opinions;

dd) The National Assembly establishes a vote counting committee;

e) The National Assembly shall relieve from duty, dismiss or approve the proposal of relief from the duty, or removal from office by secret ballot;

g) The vote counting committee shall report on vote counting results and voting results;

h/ The Standing Committee of the National Assembly shall submit to the National Assembly a draft resolution on the relief from the duty, dismissal, approval of the proposal of relief from the duty, or removal from office;

i) The National Assembly discusses;

k) The Standing Committee of the National Assembly shall report to the National Assembly on the explanation, reception of opinions of National Assembly deputies and correction of draft resolutions;

l) The National Assembly votes to approve the draft resolution.

...

Thus, the National Assembly shall relieve from duty, dismiss or approve the proposal of relief from the duty, or removal from office of office holders elected by the National Assembly of Vietnam.

Thus, since the President of the Socialist Republic of Vietnam and the Chairperson of the National Assembly are elected by the National Assembly, the National Assembly will conduct the relief from the duty of these positions.