On the afternoon of May 5, at the National Assembly House, under the chairmanship of Party Central Committee member and Chairman of the Law Committee Hoang Thanh Tung, the Standing Committee of the Law Committee held a preliminary examination session on the draft Resolution of the National Assembly on taking a vote of confidence and voting for confidence at the National Assembly and People's Councils.
Proposing many new points on taking a vote of confidence and voting for confidence
At the meeting, presenting the Report on the issuance of the National Assembly Resolution on taking a vote of confidence and a vote of no confidence at the National Assembly and the People's Council, Head of the Delegation Work Committee under the National Assembly Standing Committee Nguyen Thi Thanh said that the issuance of this resolution aims to promptly institutionalize the policy on taking a vote of confidence and a vote of no confidence that has been determined in Party documents and laws; ensuring the principle of the Party's unified leadership of personnel work and management of the staff.
At the same time, in order to ensure the inheritance, constitutionality, legality and uniformity in documents on taking votes of confidence and voting for confidence, and to overcome limitations and difficulties in the practical implementation of Resolution No. 85/2014/QH13, it is necessary to focus on amending, supplementing and clarifying articles and clauses that are not suitable, clear and strict.
Along with that, supplementing the new Resolution with the contents of Instruction No. 321/HD-UBTVQH14 dated October 2, 2018 of the National Assembly Standing Committee on organizing the vote of confidence at People's Councils at all levels for the 2016-2021 term, which has been tested in practice, is correct and reasonable.
According to Head of the Delegation Work Committee Nguyen Thi Thanh, the draft Resolution remains the same as Resolution No. 85/2014/QH13 with 18 articles, of which 13/18 articles of the Resolution are amended and supplemented and 02 new Forms are added.
The main contents of the Resolution include: Scope of regulation; purpose, requirements, principles of taking a vote of confidence, voting for confidence; basis for assessing the level of confidence; responsibilities of agencies, organizations, and individuals; time limit and time of organizing a vote of confidence; process and procedures for taking a vote of confidence, voting for confidence; consequences for the person subject to the vote of confidence; cases of voting for confidence; ballots used in taking a vote of confidence, voting for confidence and determining valid ballots; results of taking a vote of confidence, voting for confidence.
Regarding the new points of the draft Resolution, Head of the Delegation Work Committee Nguyen Thi Thanh said that the draft Resolution amends and supplements cases where a vote of confidence is not taken; institutionalizes the contents of Regulation No. 96-QD/TW on the consequences of taking a vote of confidence for people holding positions elected or approved by the National Assembly or People's Council; supplements regulations on principles and bases for taking a vote of confidence, and publicizing the results of the vote of confidence on mass media.
In addition, the Drafting Committee also requested opinions on the name of the Resolution, the addition of cases where a vote of confidence is not taken, the vote of confidence for the Chairman of the People's Committee of wards in Hanoi city and the Chairman of the People's Committee of wards in Ho Chi Minh City, the addition of subjects with the right to propose a vote of confidence for positions elected or approved by the National Assembly, on the process and procedures for promulgating the Resolution and the terms of implementation.
Proposal to submit to the National Assembly for consideration and approval of the Resolution at the 5th Session
Discussing at the meeting, delegates basically agreed with the necessity of amending Resolution No. 85/2014/QH13 for the reasons as stated in the draft Submission; at the same time, they requested the Drafting Committee to urgently complete the dossier according to the provisions of the Law on Promulgation of Legal Documents to serve the National Assembly Standing Committee to consider and decide on submitting it to the National Assembly at the 5th Session (May 2023), in which attention should be paid to synthesizing, receiving and explaining comments from the Government and relevant agencies and organizations, and soon having documents for the Law Committee to officially examine according to regulations.
Delegates also agreed to submit the draft Resolution to the National Assembly for consideration and approval at the 5th Session according to the shortened procedures to ensure that the organization of the vote of confidence at the National Assembly and People's Councils according to new regulations will be carried out at the session at the end of 2023, meeting the requirements in Regulation No. 96-QD/TW.
Therefore, it is agreed to propose that the National Assembly Standing Committee consider and supplement this draft Resolution to the 2023 Law and Ordinance Development Program as prescribed in Article 58 of the National Assembly Session Rules.
In addition, the delegates also basically agreed with the determination of the name of the Resolution as "Resolution on taking a vote of confidence and voting of no confidence at the National Assembly and People's Councils" to ensure consistency with the scope of positions subject to a vote of confidence and voting of no confidence.
Along with amending the name of the Resolution, there are opinions suggesting that the drafting agency continue to study and specifically determine the scope of regulation and subjects of application of this Resolution in the case of adding the title of Chairman of the People's Committee of districts and wards in places implementing the urban government model to the subjects eligible for a vote of confidence at the City People's Council or the People's Council of districts and towns to have a suitable way of expressing it. It is possible to further study the option of integrating the scope of subjects eligible for a vote of confidence by the National Assembly and the People's Council into this draft Resolution.
Unify the principles in handling consequences for those who are voted on and vote on confidence
In Articles 10, 15 and 18 of the draft Resolution, the consequences for the person who is voted on for a vote of confidence or a vote of confidence are stipulated as follows: If the person who is voted on for a vote of confidence has more than half to less than 2/3 of the total number of delegates giving a low confidence rating or the person who is voted on for a vote of confidence has more than half of the total number of delegates giving a no confidence rating, he/she may resign.
However, in the case where the person being voted for has a low confidence rating from 2/3 or more of the total number of delegates, the draft Resolution does not stipulate a request for resignation.
To thoroughly understand and specify the requirements of Regulation No. 96-QD/TW, the Standing Committee of the Law Committee proposes to study and revise the regulations on the method and time of handling cases where the person whose vote is taken has a low confidence score.
In particular, it is necessary to unify the principle of whether or not to give the person who is voted for a vote of confidence the right to resign before proceeding with the next procedures.
At the same time, to have an implementation mechanism, the draft Resolution needs to be adjusted in the direction that in case the person who is given a vote of confidence or a vote of no confidence has the right to resign, it is necessary to determine the time limit for them to exercise this right. If after that time limit they do not resign, the National Assembly and the People's Council will proceed with the next procedures.
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