Process for collecting votes of confidence in the National Assembly in Vietnam (Internet image)

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

1. Process for collecting votes of confidence in the National Assembly in Vietnam

Specifically, Article 10 of Resolution 96/2023/QH15 stipulates the process for collecting votes of confidence in the National Assembly as follows:

- At least 45 days before the opening day of the National Assembly session, based on the subjects receiving votes of confidence as prescribed in Resolution 96/2023/QH15, the National Assembly Standing Committee reviews and estimates the list of people receiving votes of confidence and sends a written request to the person receiving votes of confidence to submit a report according to the form specified in the Appendix issued with Resolution 96/2023/QH15 and a declaration of assets and income to the National Assembly Standing Committee.

- The person receiving the vote of confidence sends a report and declaration of assets and income to the National Assembly Standing Committee no later than 30 days before the opening date of the National Assembly session.

- The Central Committee of the Vietnam Fatherland Front gathers and synthesizes the opinions and recommendations of voters and the people related to the person receiving the vote of confidence (if any) to send to the National Assembly Standing Committee no later than 25 days before the opening day of the National Assembly session.

- No later than 20 days before the opening day of the National Assembly session, the National Assembly Standing Committee shall send the report of the person receiving the vote of confidence and a report summarizing the opinions and recommendations of voters and the People related to the person receiving the vote of confidence from the Central Committee of the Vietnam Fatherland Front (if any) to the National Assembly delegates;

Send the content of opinions and recommendations of voters and People directly related to the person receiving the vote of confidence (if any) compiled by the Central Committee of the Vietnam Fatherland Front to the person receiving the vote of confidence.

- In case it is necessary to clarify issues related to the person receiving the vote of confidence, at least 15 days before the opening day of the National Assembly session, National Assembly delegates can send a document to the National Assembly Standing Committee to request the competent authority to verify and respond in writing.

- At least 10 days before the date of the meeting to collect the vote of confidence, the National Assembly delegate can send a document to the Standing Committee of the National Assembly and the person receiving the vote of confidence.
to request that the person receiving the vote of confidence clarify the contents of the basis for assessing the level of confidence.

- At least 03 days before the meeting to collect the vote of confidence, the person receiving the vote of confidence is responsible for sending an explanation report (if any) on the issues raised in the report, synthesizing the opinions and recommendations of voters and the People of the Central Committee of the Vietnam Fatherland Front and the opinions of National Assembly deputies, to the National Assembly Standing Committee and National Assembly deputies with requests.

- The vote of confidence is carried out at the National Assembly session in the following order:

+ The National Assembly Standing Committee submits to the National Assembly the list of people receiving votes of confidence;

+ National Assembly delegates discuss at the National Assembly Delegation; the Chairman of the National Assembly may meet with the Heads of the National Assembly Delegation or Deputy Heads of the National Assembly Delegation in case there is a vacancy in the Head of the Delegation to discuss relevant issues;

+ At the meeting to collect votes of confidence, the National Assembly Standing Committee reports to the National Assembly the results of the discussion at the National Assembly Delegation. The meeting to collect votes of confidence can only be conducted when at least two-thirds of the total number of National Assembly deputies attend;

+ The National Assembly establishes a Vote Counting Committee;

+ The National Assembly takes votes of confidence by secret ballot. On the ballot, clearly state the full names and positions of the people receiving the vote of confidence and the levels: "high trust", "trust", "low trust";

+ The vote-counting committee reports the vote-counting results;

+ The National Assembly considers and passes the resolution confirming the results of the vote of confidence at the request of the National Assembly Standing Committee.

2. Consequences for the person receiving the vote of confidence in Vietnam

Pursuant to Article 12 of Resolution 96/2023/QH15, the consequences for people receiving votes of confidence are as follows:

- The results of the vote of confidence are used to evaluate officials as a basis for planning, mobilization, appointment, introduction of candidate officials, dismissal, and implementation of regimes and policies for officer.

- A person receiving a vote of confidence with more than half to less than two-thirds of the total votes rated "low confidence" can resign; In the case of not applying for resignation, the National Assembly Standing Committee submits to the National Assembly, and the Standing Committee of the People's Council submits to the People's Council to conduct a vote of confidence at that session or the most recent session; In case a person has received a vote of confidence at the same time for many positions, the vote of confidence will be carried out once for those positions.

- The person receiving a vote of confidence has two-thirds or more of the total votes rated "low confidence" or more, the agency or person with the authority to introduce that person for election or ratification by the National Assembly or the People's Council is responsible for submitting to the National Assembly or the People's Council for dismissal or approval of the request for dismissal at that meeting or the most recent meeting; In the event that a person has received a vote of confidence for many positions at the same time, the dismissal or approval of the dismissal request for those positions will be carried out.

Ho Quoc Tuan

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