On the afternoon of May 30, the National Assembly listened to a report on the draft resolution on obtaining votes of confidence and voting for people holding positions elected or approved by the National Assembly or People's Council (amended) – Photo: VGP
Help officials see their credit level to 'self-check', 'self-correct'
Continuing the program of the 5th session, on the afternoon of May 30, at Dien Hong Hall, the Head of the Deputies Affairs Department of the National Assembly Standing Committee, Head of the Drafting Committee Nguyen Thi Thanh presented a report on the draft Resolution. on taking the vote of confidence, voting of confidence in the position holder elected or approved by the National Assembly or People's Council (amended).
The draft resolution stipulates that the person receiving a vote of confidence who has more than half to less than two-thirds of the total number of National Assembly deputies and People's Council deputies rated "low confidence" may resign. In case of refusal to resign, the competent agency or person shall submit it to the National Assembly or People's Council for a vote of confidence at that meeting or the nearest one.
But according to the verifying agency, there are opinions that the purpose of taking the vote of confidence is to help officials see their trust level to "self-check", "self-correct". Therefore, this opinion proposes to regulate in the direction that if two-thirds of the total number of delegates have low credit rating, there should still be a mechanism for officials to actively resign. In case of refusal to resign, a new competent agency or person shall submit it to the National Assembly or People's Council for consideration or approval of the request for removal from office of such person.
According to regulations, the National Assembly and People's Council hold a vote of confidence once in each term at the regular meeting at the end of the third year of the term. The 6th National Assembly will take a vote of confidence in the position holder elected or approved by the National Assembly at the XNUMXth session later this year.
Increase transparency and democracy in vote of confidence
Presenting a report on verification of the draft Resolution on obtaining votes of confidence and voting of confidence in position holders elected or approved by the National Assembly or People's Council (amended), Chairman of the Legal Committee Hoang Thanh Tung The Law Committee approved the need to amend Resolution No. 85/2014/QH13 of the XIII National Assembly on taking votes of confidence and voting of confidence in position holders elected by the National Assembly and People's Councils. or ratified for the reasons as stated in Report No. 485/TTr-UBTVQH15.
The draft resolution file has been meticulously and seriously prepared by the Standing Committee of the National Assembly, in accordance with the provisions of the Law on Promulgation of Legal Documents, and is eligible for submission to the National Assembly for consideration. reviewed and approved at the 5th meeting.
Regarding the order and procedures for promulgating the Resolution, the Law Committee unanimously submitted to the National Assembly for consideration and approval the draft Resolution at the 5th session according to the shortened order and procedures to ensure the organization of voting. confidence in the National Assembly, the People's Council according to the new regulations will be implemented at the last session of 2023, meeting the requirements in Regulation No. 96-QD/TW dated February 2, 2 of the Politburo on taking credit votes responsibility for titles and positions of leadership and management in the political system.
Regarding the name, scope of regulation and layout of the draft Resolution, the Law Committee agreed with the proposal to continue inheriting, keeping the same name, scope of regulation and layout of the draft Resolution as Resolution No. Resolution No. 85/2014/QH13 because this name has been used stably since Resolution No. 35/2012/QH13 up to now; The scope of subjects entitled to vote of confidence and vote of confidence in the National Assembly and People's Council according to the draft Resolution also basically inherits the provisions in Resolution No. 85/2014/QH13.
In addition, there were opinions of a member of the Law Committee to suggest that the name of the draft Resolution be changed to "Resolution on taking votes of confidence and voting of confidence in the National Assembly and People's Council" because that, the scope of subjects entitled to vote of confidence in the National Assembly and People's Council as prescribed in the draft Resolution does not include all positions elected or approved by the National Assembly or People's Council.
Therefore, it would be more appropriate to take the name of the Resolution as "Resolution on taking votes of confidence and voting in the National Assembly and People's Councils" would be more appropriate, expressed according to the subject conducting the vote of confidence and voting. confidence is the National Assembly, the People's Council, regardless of the subjects receiving the vote or vote of confidence.
Regarding the scope of subjects to vote of confidence, vote of confidence at the National Assembly and People's Council (Article 2), the Law Committee agreed with the scope of subjects whose confidence votes were taken by the National Assembly and People's Councils and voted for. the cases of not taking the vote of confidence as specified in Article 2 of the draft Resolution.
The addition of a regulation not to take a vote of confidence for a person who takes leave for critical illness with certification from a medical facility and has not operated for 6 months or more according to a decision of a competent agency or individual such as: in Clause 5, Article 2 of the draft Resolution, it has a practical basis, shows humanity and conforms to the requirements of obtaining a vote of confidence at the National Assembly and the People's Council; In addition, it is suggested that the non-executive period is from 6 consecutive months or more to ensure strictness.
Photo: VGP
In order to have a basis for the National Assembly to consider and decide, some opinions in the Law Committee suggested that the drafting agency need to explain more clearly why the draft Resolution did not include a number of titles assigned to the National Assembly. The People's Council elects or approves candidates for votes of confidence, such as judges of the Supreme People's Court, members of the National Defense and Security Council, deputy heads of the People's Councils, and jurors of the People's Court.
Regarding the interpretation of the term "taking a vote of confidence" (Clause 1, Article 3), the Law Committee proposes to keep the content of the explanation of the term "take a vote of confidence" as in Resolution No. 85/2014/QH13 because the content This is in accordance with Regulation No. 96-QD/TW and has been stably used since Resolution No. 35/2012/QH13.
The new content added to explain the term "voting of confidence" in Clause 1, Article 3 of the draft Resolution is actually a consequence for the voter with low confidence, not the purpose of the voter. The vote of confidence is generally to evaluate officials as specified in Clause 3, Article 1 and Clause 1, Article 11 of Regulation No. 96-QD/TW.
In case it is still necessary to amend and supplement this term, it is recommended to adhere to the views, principles and requirements of using the results of the vote of confidence specified in Clause 3, Article 1 and Clause 1, Article 11 of Regulation No. 96-QD/TW to adjust accordingly.
Regarding the process of taking confidence votes and voting for confidence (Articles 10, 11, 15 and 16), the Law Committee basically agreed with the provisions in the draft Resolution on the process of taking votes of confidence and voting. vote of confidence in the National Assembly and the People's Council. In addition, regarding the process of voting for confidence (Articles 15 and 16), there are suggestions to amend in the direction of supplementing the order of the National Assembly and People's Council to discuss in the hall in case of necessity and allow the people to vote. vote of confidence to present their opinions to the National Assembly and the People's Council to ensure their right to be explained as well as to increase transparency, democracy, professionalism and the rule of law in the vote of confidence.
Such regulation also ensures similarity with the process of removal from office, removal from office, approval of request for removal from office, dismissal of a person holding a position elected or approved by the National Assembly in accordance with the Regulations of the National Assembly session.
Regarding the consequences for the person receiving the vote of confidence, the vote of confidence (Articles 12 and 17), the Law Committee found that the provisions on the consequences for the person receiving the vote of confidence or voting The credibility in the draft Resolution has ensured that it is consistent with the requirements of timely and strict handling of officials with low credibility in the spirit of Regulation No. 96-QD/TW and Regulation No. 41- Decision/TW dated November 03, 11 of the Politburo on the dismissal and resignation of cadres.
Therefore, the Law Committee basically agreed with the provisions on the consequences for the person receiving the vote of confidence and vote of confidence as in the draft Resolution.
In addition, regarding the provisions of Clause 1, Article 12, the Law Commission proposes to revise the direction in case the person receiving the vote of confidence has more than half to less than two-thirds of the total number of delegates with a low confidence rating. If not, the Standing Committee of the National Assembly shall submit it to the National Assembly, and the Standing Committee of the People's Council shall submit it to the People's Council for a vote of confidence. is responsible for submitting to the National Assembly and the People's Council for a vote of confidence" as in the draft Resolution to ensure consistency with the regulations on competent subjects to submit to the National Assembly and the People's Council for a vote of confidence in Article 2 of the draft. Resolution and also inherits the corresponding provisions of Resolution No. 3/13/QH85.
