On the afternoon of May 30th, continuing the work program of the Fifth Session, the National Assembly heard the Chairman of the Legal Committee, Hoang Thanh Tung, present the report on the review of the draft Resolution on taking votes of confidence and no-confidence votes for those holding positions elected or approved by the National Assembly and People's Councils (amended). The Chairman of the National Assembly presided, and Vice Chairman of the National Assembly Nguyen Khac Dinh conducted the session.

The Speaker of the National Assembly presided over the session.

It was agreed to submit to the National Assembly a resolution on conducting votes of confidence and no-confidence votes.

Presenting the report on the draft Resolution on taking votes of confidence and no-confidence votes for office holders elected or approved by the National Assembly and People's Councils (amended), the Chairman of the Legal Committee, Hoang Thanh Tung, stated that the Legal Committee agrees with the necessity of amending Resolution No. 85/2014/QH13 of the 13th National Assembly on taking votes of confidence and no-confidence votes for office holders elected or approved by the National Assembly and People's Councils. The draft resolution dossier has been meticulously and seriously prepared by relevant agencies under the direction of the National Assembly Standing Committee, in accordance with the Law on Promulgation of Legal Documents, and is ready to be submitted to the National Assembly for consideration and approval at the fifth session.

Regarding the procedures for issuing the resolution, the Law Committee agreed to submit the draft Resolution to the National Assembly for consideration and approval at the fifth session using a simplified procedure to ensure that the confidence vote in the National Assembly and People's Councils, as stipulated in the new regulations, will be conducted at the end-of-year session in 2023, meeting the requirements of Regulation No. 96-QĐ/TW dated February 2, 2023, of the Politburo on the confidence vote for leadership and management positions in the political system.

Notably, regarding the scope of subjects subject to votes of confidence and no-confidence votes in the National Assembly and People's Councils (Article 2), the Legal Committee agrees with the scope of subjects subject to votes of confidence and no-confidence votes in the National Assembly and People's Councils, and the cases not subject to votes of confidence, as stipulated in Article 2 of the draft Resolution.

"The addition of a provision excluding those on leave for treatment of serious illnesses with confirmation from a medical facility and who have not been in charge of work for six months or more, as decided by a competent authority or individual, as stipulated in Clause 5, Article 2 of the draft resolution, is based on practical grounds, demonstrates humanity, and is consistent with the requirements of the confidence vote in the National Assembly and People's Councils," the Chairman of the Legal Committee said, adding that there were also suggestions to clearly state that the period of not being in charge of work must be six consecutive months or more to ensure strict adherence.

Furthermore, to provide a basis for the National Assembly to consider and decide, some opinions within the Legal Committee suggested that the drafting agency should provide a clearer explanation of why the draft resolution does not include certain positions elected or approved by the National Assembly and People's Councils in the scope of the confidence vote, such as Supreme People's Court judges, members of the National Defense and Security Council, Deputy Heads of People's Council Committees, and Supreme People's Court assessors.

Chairman of the Legal Committee Hoang Thanh Tung.

More than half of the delegates rated the position as "no confidence," suggesting that the person should be dismissed.

Notably, regarding the consequences for those subject to confidence votes, the Chairman of the Legal Committee, Hoang Thanh Tung, noted that the provisions in the draft resolution ensure timely and strict handling of officials with low confidence ratings. Therefore, the Legal Committee generally agrees with the provisions on the consequences for those subject to confidence votes as outlined in the draft resolution.

The Law Committee proposed revising the draft resolution to state that if a person subject to a vote of confidence receives a low confidence rating from more than half to less than two-thirds of the total number of delegates and does not resign, the Standing Committee of the National Assembly shall submit the matter to the National Assembly, and the Standing Committee of the People's Council shall submit the matter to the People's Council for a vote of confidence (replacing the provision that "the agency or person with the authority to nominate that person for election or approval by the National Assembly or People's Council is responsible for submitting the matter to the National Assembly or People's Council for a vote of confidence" as in the draft resolution).

Furthermore, some argue that the purpose of the confidence vote is to help officials understand their level of trust so they can "self-reflect" and "self-correct." Therefore, it is suggested that regulations should be designed so that if two-thirds or more of the delegates give a low confidence rating, there should still be a mechanism allowing them to proactively resign. If they do not resign, the agency or person with the authority to nominate that person for election or approval by the National Assembly or People's Council will then submit the matter to the National Assembly or People's Council for consideration of dismissal or approval of the proposed dismissal.

On the other hand, there is also an opinion that the vote of confidence should be defined as a step in the disciplinary process for officials holding positions elected or approved by the National Assembly or People's Councils. This is because, according to the draft resolution, cases subject to a vote of confidence in the National Assembly or People's Councils are usually due to the discovery of signs of wrongdoing or, through the confidence vote, showing that the person elected or approved by the National Assembly or People's Councils has a low level of confidence.

"The most serious consequence for those subject to the confidence vote and the vote of no confidence as stipulated in the draft resolution is that the National Assembly and People's Councils will decide on their dismissal or approve the proposed dismissal," said Chairman Hoang Thanh Tung, adding that this opinion suggests that if more than half of the total number of delegates assess the person subject to the confidence vote as "not confident," then a more severe form of punishment should be applied, namely the National Assembly and People's Councils proceeding with the removal from office or approving the proposed dismissal of that person.

NGUYEN THAO