Responsibility of collectives and individuals in obtaining votes of confidence in Vietnam

Responsibility of collectives and individuals in obtaining votes of confidence in Vietnam
Trần Thanh Rin

What are the regulations on the responsibility of collectives and individuals in obtaining votes of confidence in Vietnam? - My Hoa (Lam Dong, Vietnam)

Trách nhiệm của tập thể và cá nhân trong lấy phiếu tín nhiệm
Responsibility of collectives and individuals in obtaining votes of confidence in Vietnam (Internet image)

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

1. Responsibilities of Party committees, organizations, and collective leaders of agencies and units in Vietnam

According to Clause 1, Article 7 of Regulation 96-QD/TW of 2023, the responsibilities of all levels of party committees, party organizations, and collective leaders of agencies and units in collecting votes of confidence include:

- Lead and direct the formulation of plans and organize the collection of confidence votes for cadres under their management according to regulations; ensure objectivity, publicity, transparency, and substance.

- Summarize and report to the competent authorities on the results of trust for the positions of officials working in the locality, agencies, and units (including cadre titles under the management competence of direct superiors); conduct a preliminary review and evaluation of the process of organizing the collection of votes of confidence.

- Guide, inspect, and supervise the implementation of the vote of confidence of subordinates.

- Decide or request competent authorities to consider and decide to remove cadres with low credibility from planning, resign, relieve from duty, and arrange for other jobs without waiting for the end of the term or the appointment time limit; pay attention to training, fostering, arranging and employing highly trusted cadres.

2. Responsibilities of the advisory body regarding organization and staff in Vietnam

In obtaining votes of confidence, the advisory body regarding organization and staff must have the responsibilities specified in Clause 2, Article 7 of Regulation 96-QD/TW in 2023, specifically as follows:

- Advise on the development of a plan to obtain a vote of confidence for cadre titles, reporting to competent authorities for consideration and decision; coordinate with relevant agencies in organizing the collection of votes of confidence.

- Request the person receiving the vote of confidence to provide information, reports, and explanations on relevant contents at the request of the competent authority or the person recording the vote of confidence before taking the vote of confidence.

- Gather the explanation and supplementary reports of the person receiving the vote of confidence (if any), send it to the competent authority or the voter.

- Summarize and report to the appropriate authorities on the results of trust for positions held by officials in the municipality, agency, or unit.

- Advise competent authorities in 2023 to consider and handle officials with low credibility in accordance with Article 11 of Regulation 96-QD/TW, and to have plans in place to train, retrain, arrange, and employ highly trusted cadres.

- Assist competent authorities in guiding, inspecting, and supervising subordinates' performance in taking confidence votes.

3. Responsibilities of the person receiving the votes in Vietnam

Specifically, in Clause 3, Article 7 of Regulation 96-QD/TW in 2023, the responsibilities of the voter in taking the vote of confidence are specified as follows:

- The person receiving the vote of confidence must send a report to the advisory agency on the organization and its staff 20 days before the vote of confidence, providing truthful and accurate information on the contents of the vote of confidence in accordance with regulations.

- At least 3 days before the date of taking the vote of confidence, the person receiving the vote of confidence must report, explain, and provide additional information related to the vote of confidence at the request of the competent authority or the person recording the vote of confidence (if any).

4. Responsibilities of the voter in Vietnam

According to Clause 4, Article 7 of Regulation 96-QD/TW of 2023, the voter in the process of obtaining a vote of confidence must have the following responsibilities:

- Thoroughly research, evaluate objectively, carefully, honestly, and fairly the person receiving the vote of confidence and the content of the report and explanation (if any) to show the specific level of confidence in the vote of confidence.

- When there is a matter to be clarified, the voter shall make a written request to the person receiving the vote (through an advisory body on the organization and staff) at least 10 days before the date of taking the vote of confidence.

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