Vietnam: Regulations related to votes of confidence

The Law on Organization of the National Assembly 2014 of Vietnam was promulgated on November 20, 2014 and officially effective from January 01, 2016, of which one of the featured content is the regulation on collection of votes of confidence and casting of votes of confidence.

Specifically, according to Article 12 of the Law on Organization of the National Assembly 2014 of Vietnam, the National Assembly shall collect votes of confidence on holders of the following positions:

- President, Vice President;

- Chairperson, Vice Chairperson of the National Assembly, member of the Standing Committee of the National Assembly, Chairperson of the Ethnic Council, Chairperson of the Committee of the National Assembly;

- Prime Minister, Deputy Prime Minister, minister, another member of the Government;

- Chief Justice of the Supreme People’s Court, Procurator General of the Supreme People’s Procuracy, State Auditor General.

The time limit, time and order of collection of votes of confidence on the concerned persons shall be stipulated by the National Assembly.

Casting of votes of confidence is stipulated in Article 13 of the Law on Organization of the National Assembly 2014. According to this regulation, the National Assembly shall cast votes of confidence on holders of positions elected or approved by the National Assembly in the following cases:

- At the proposal of the Standing Committee of the National Assembly;

- At the proposal of at least twenty percent of the total number of National Assembly deputies;

- At the proposal of the Ethnic Council or a Committee of the National Assembly;

- A person on whom votes of confidence have been collected under Article 12 of this Law received low-confidence votes from two-thirds or more of the total number of National Assembly deputies.

A person subject to casting of votes of confidence who receives no-confidence votes from more than half of the total number of National Assembly deputies may apply for resignation. In case he/she does not resign, the competent agency or person that nominated such person to the National Assembly for election or approval prescribed in Clauses 1, 2, 3, 4, 5 and 6, Article 8, and Article 9, of this Law shall propose the National Assembly to consider and decide on the relief of duty or approve the proposal on relief of duty of that person.

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