Process of casting votes of confidence on persons holding positions elected by the People’s Councils in Vietnam

Process of casting votes of confidence on persons holding positions elected by the People’s Councils in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What is casting of votes of confidence?

According to Clause 2, Article 2 of Resolution 85/2014/QH13, casting of votes of confidence means the expression by the National Assembly or People’s Councils of confidence or non-confidence on persons holding positions elected or approved by the National Assembly or People’s Councils, which serves as a basis for removal from duty, or approval of proposals on removal from duty of persons who no longer gain the confidence of the National Assembly or People’s Councils.

2. Cases in which votes of confidence on persons holding positions elected by the People’s Council are cast in Vietnam

According to Clause 2, Article 11 of Resolution 85/2014/QH13, 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:

- 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.

3. Process of casting votes of confidence on persons holding positions elected by the People’s Councils in Vietnam

Specifically, in Article 14 of Resolution 85/2014/QH13, the process of casting votes of confidence on persons holding positions elected by the People’s Councils is regulated as follows:

- The People’s Council Standing Body proposes the People’s Council to cast votes of confidence on a person holding a position elected by the People’s Council at a People’s Council session.

- The person concerned may present his/her opinions before the People’s Council.

- The People’s Council discusses.

- The People’s Council forms a Vote Counting Board.

- The People’s Council casts votes of confidence through secrete ballots. The ballot papers shall be pre-printed with the full name and position of the person concerned, and the levels “confidence” and “non-confidence”.

- The Vote Counting Board announces the vote count result on the person concerned.

- The People’s Council considers and adopts a resolution confirming the results of the casting of votes of confidence on the person concerned at the proposal of the People’s Council Standing Body.

4. Principles of collection and casting of votes of confidence in Vietnam

The principles of collection and casting of votes of confidence prescribed in Article 4 of Resolution 85/2014/QH13 are as follows:

- To guarantee the right of and heighten the responsibility of National Assembly and People’s Council deputies in the collection and casting of votes of confidence; to respect the rights to report and explain of persons on whom votes of confidence are collected or cast.

- To ensure publicity, fairness, democracy and objectiveness; to ensure the truthful assessment of the performance of tasks and exercise of powers by, and the political quality, virtue and lifestyle of persons on whom votes of confidence are collected or cast.

- To ensure the stability and effectiveness of operation of the state apparatus and the leadership of the Party in personnel work.

5. Responsibilities of agencies, organizations and individuals in the collection or casting of votes of confidence in Vietnam

According to Article 6 of Resolution 85/2014/QH13, the responsibilities of agencies, organizations and individuals in the collection or casting of votes of confidence are as follows:

- The National Assembly and People’s Councils shall organize the collection of votes of confidence, ensuring proper subjects, principles, time and process prescribed by this Resolution.

- National Assembly and People’s Council deputies shall participate in the collection or casting of votes of confidence at the sessions of the National Assembly or People’s Councils; show their caution, objectivity, impartiality and fairness in expressing their confidence.

- Persons on whom votes of confidence are collected shall truthfully report on the results of performance of their assigned tasks and exercise of their delegated powers, their political quality, virtue and lifestyle, declare property, income, limitations, shortcomings and solutions and fully explain the contents requested by National Assembly or People’s Council deputies.

- The Vietnam Fatherland Front Central Committee and the Fatherland Front Committees at all levels shall collect, fully and promptly summarize voters’ opinions and petitions (if any) which are related to persons on whom votes of confidence are collected and submit them prior to the sessions of the National Assembly or People’s Councils.

- Agencies, organizations and individuals may not abuse the collection or casting of votes of confidence to canvass 

Thanh Rin

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE