Process of casting votes of confidence on persons holding positions elected or approved by the National Assembly of Vietnam

Process of casting votes of confidence on persons holding positions elected or approved by the National Assembly of Vietnam (Internet image)

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

1. Approval of positions in the state apparatus in Vietnam

According to Article 9 of the Law on Organization of the National Assembly 2014 (amended 2020), the titles in the state apparatus approved by the National Assembly include:

- The National Assembly shall approve the Prime Minister’s proposals on the appointment of Deputy Prime Ministers, ministers and other members of the Government according to the list of nominees for such positions.

- The National Assembly shall approve the proposals of the Chief Justice of the Supreme People’s Court on the appointment of judges of the Supreme People’s Court.

- The National Assembly shall approve the list of members of the National Defense and Security Council at the proposal of the President.

- The National Assembly shall approve the list of members of the National Election Council at the proposal of the Chairperson of the National Election Council.

2. Process of casting votes of confidence on persons holding positions elected or approved by the National Assembly of Vietnam

Process of casting votes of confidence on persons holding positions elected or approved by the National Assembly is specified in Article 13 of Resolution 85/2014/QH13, specifically as follows:

- The National Assembly Standing Committee proposes the National Assembly to cast votes of confidence on a person holding a position elected or approved by the National Assembly at a National Assembly session.

- The person concerned may present his/her opinions before the National Assembly.

- The National Assembly discusses in National Assembly deputies’ delegations.

- In case of necessity, the Chairperson of the National Assembly meets with heads of National Assembly deputies’ delegations to exchange ideas on relevant matters.

- The National Assembly Standing Committee reports before the National Assembly on the results of discussions in the National Assembly deputies’ delegations.

- The National Assembly forms a Vote Counting Board.

- The National Assembly casts votes of confidence through secret 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 National Assembly considers and adopts a resolution confirming the results of the casting of votes of confidence on the person concerned at the proposal of the National Assembly Standing Committee.

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

Specifically, Article 6 of Resolution 85/2014/QH13 stipulates the responsibilities of agencies, organizations and individuals in the vote of confidence 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 Resolution 85/2014/QH13.

- 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 or commit illegal acts to affect National Assembly or People’s Council deputies.

Thanh Rin

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