Agreed to submit to the National Assembly for approval a resolution on taking a vote of confidence, a vote of no confidence

Overview of the meeting.

Presenting the Report on the review of the draft Resolution on taking a vote of confidence, a vote of no confidence for people holding positions elected or approved by the National Assembly, People's Councils (amended), Chairman of the Law Committee Hoang Thanh Tung said that the Law Committee agreed with the necessity of amending Resolution No. 85/2014/QH13 of the 13th National Assembly on taking a vote of confidence, a vote of no confidence for people holding positions elected or approved by the National Assembly, People's Councils for the reasons stated in Submission No. 485/TTr-UBTVQH15. The draft Resolution dossier has been carefully and seriously prepared by the National Assembly Standing Committee, directing relevant agencies to prepare it in accordance with the provisions of the Law on Promulgation of Legal Documents, meeting the conditions to be submitted to the National Assembly for consideration and approval at the 5th session.

Regarding the order and procedures for issuing the Resolution, the Law Committee agreed to submit the draft Resolution to the National Assembly for consideration and approval at the 5th session according to the shortened order and procedures to ensure that the organization of the vote of confidence at the National Assembly and People's Councils according to the new regulations will be carried out at the session at the end of 2023, meeting the requirements in Regulation No. 96-QD/TW, dated February 2, 2023 of the Politburo on the vote of confidence for leadership and management positions and titles in the political system.

Regarding the name, scope of regulation and layout of the draft Resolution, the Law Committee agrees with the proposal to continue to inherit, keep the name, scope of regulation and layout of the draft Resolution as 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 eligible for votes of confidence and votes of confidence at the National Assembly and People's Councils according to the draft Resolution also basically inherits the provisions in Resolution No. 85/2014/QH13.

Chairman of the Law Committee Hoang Thanh Tung.

In addition, there are opinions of members of the Law Committee suggesting to amend the name of the draft Resolution to "Resolution on taking a vote of confidence, vote of no confidence at the National Assembly, People's Council" because they believe that the scope of subjects eligible for taking a vote of confidence at the National Assembly, People's Council as stipulated in the draft Resolution does not include all positions elected or approved by the National Assembly, People's Council. Therefore, naming the Resolution as "Resolution on taking a vote of confidence, vote of no confidence at the National Assembly, People's Council" would be more appropriate, reflecting the subject of taking a vote of confidence, vote of no confidence is the National Assembly, People's Council without depending on the subject of taking a vote, vote of no confidence.

Regarding the scope of subjects for taking a vote of confidence and voting for confidence at the National Assembly and People's Councils (Article 2), the Law Committee agrees with the scope of subjects for whom the National Assembly and People's Councils shall take a vote of confidence and voting for confidence and the cases where a vote of confidence is not taken as stipulated in Article 2 of the draft Resolution. The addition of the provision that a vote of confidence is not taken for people who are on leave for treatment of serious illnesses with confirmation from a medical facility and have not been in charge of work for 06 months or more according to the decision of a competent agency 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 taking a vote of confidence at the National Assembly and People's Councils; in addition, there are opinions suggesting that it is necessary to clearly state that the period of not being in charge of work is 06 consecutive months or more to ensure strictness.

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 should explain more clearly the reason why the draft Resolution does not include a number of positions elected or approved by the National Assembly or People's Councils to be subject to a vote 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 Council, and People's Court Jurors.

National Assembly Chairman Vuong Dinh Hue and delegates at the meeting.

Regarding the explanation of the term “take a vote of confidence” (Clause 1, Article 3), the Law Committee proposes to keep the interpretation of the term “take a vote of confidence” as in Resolution No. 85/2014/QH13 because this content is consistent with Regulation No. 96-QD/TW and has been used stably since Resolution No. 35/2012/QH13.

The newly added content to explain the term “voting of confidence” in Clause 1, Article 3 of the draft Resolution is essentially a consequence for those who have low confidence in the vote, not the purpose of the vote of confidence in general, which is to evaluate cadres as stipulated in Clause 3, Article 1 and Clause 1, Article 11 of Regulation No. 96-QD/TW. In case it is still necessary to amend or supplement this term, it is recommended to closely follow the viewpoints, principles and requirements of using the results of the vote of confidence stipulated in Clause 3, Article 1 and Clause 1, Article 11 of Regulation No. 96-QD/TW to make appropriate adjustments.

Regarding the process of taking a vote of confidence and voting for confidence (Articles 10, 11, 15 and 16), the Law Committee basically agrees with the provisions in the draft Resolution on the process of taking a vote of confidence and voting for confidence at the National Assembly and People's Councils. In addition, regarding the process of voting for confidence (Articles 15 and 16), there are opinions suggesting amendments in the direction of adding the procedure for the National Assembly and People's Councils to discuss in the hall if necessary and allowing those who are voted for confidence to present their opinions before the National Assembly and People's Councils to ensure their right to explanation as well as increase transparency, democracy, professionalism and the rule of law in the vote of confidence activities. Such provisions also ensure similarity with the process of dismissing, removing, approving proposals for dismissing, and removing people holding positions elected or approved by the National Assembly according to the regulations of the National Assembly session.

Regarding the consequences for those who are subject to a vote of confidence or a vote of no confidence (Articles 12 and 17), the Law Committee finds that the provisions on the consequences for those who are subject to a vote of confidence or a vote of no confidence in the draft Resolution have ensured compliance with the requirements for timely and strict handling of officials with low confidence levels in the spirit of Regulation No. 96-QD/TW and Regulation No. 41-QD/TW, dated November 3, 2021 of the Politburo on dismissal and resignation of officials. Therefore, the Law Committee basically agrees with the provisions on the consequences for those who are subject to a vote of confidence or a vote of no confidence as in the draft Resolution.

In addition, regarding the provisions in Clause 1, Article 12, the Law Committee proposed to revise the direction that in the case where the person subject to the vote of confidence has more than half to less than two-thirds of the total number of delegates rating the person as low confidence and does not resign, the National Assembly Standing Committee shall submit to the National Assembly, the Standing Committee of the People's Council shall submit to the People's Council for a vote of confidence, instead of the provision that "the competent agency or person recommending that person for the National Assembly, People's Council to elect or approve is responsible for submitting to the National Assembly, People's Council to conduct a vote of confidence" as in the draft Resolution to ensure consistency with the provisions on the subject with the authority to submit to the National Assembly, People's Council for a vote of confidence in Article 13 of the draft Resolution and also inherit the corresponding provisions of Resolution No. 85/2014/QH13.

According to quochoi.vn

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