Nghị quyết 35/2012/QH13

RESOLUTION

ON THE POLL OR VOTE OF CONFIDENCE FOR PERSONS HOLDING POSITIONS ELECTED OR RATIFIED BY THE NATIONAL ASSEMBLY OR PEOPLE'S COUNCILS

THE NATIONAL ASSEMBLY OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under the Resolution No. 51/2001/QH10;

Pursuant to the Law No. 30/2001/QH10 on Organization of the National Assembly, which was amended and supplemented a number of articles under the Law No. 83/2007/QH11;

Pursuant to the Law No. 11/2003/QH11 on Organization of the People's Councils and People's Committees;

RESOLVES:

Article 1. Scope of regulation and subjects of application

1. This Resolution provides the poll or vote of confidence for persons holding positions elected or ratified by the National Assembly or People's Councils, who are defined in clause 2 and clause 3 of this Article.

2. The National Assembly may make the poll or vote of confidence for persons holding the following positions:

a/ President, Vice President;

b/ Chairperson of the National Assembly, Vice Chairperson of the National Assembly, Chairperson of the Ethnic Council, Chairpersons of Committee of the National Assembly, and other members of the National Assembly Standing Committee;

c/ Prime Minister, Deputy Prime Minister, Minister and other members of the Government;

d/ President of the Supreme People's Court, Chairperson of the Supreme People's Procuracy, State Auditor General.

3. The People's Councils may make the poll or vote of confidence for persons holding the following positions:

a/ Chairperson of the People's Council, Vice Chairperson of the People's Council, standing members of the People's Council, and Heads of Committee of the People's Council;

b/ Chairperson, Vice Chairperson and other members of the People's Committee.

Article 2. Interpretation of terms

In this Resolution, the terms below are construed as follows:

1. The poll of confidence means the poll by the National Assembly or People's Councils regarding the confidence level for persons holding positions elected or ratified by the National Assembly or People's Councils, in order to serve as a basis for consideration, assessment, arrangement and employment of officers by competent agencies or organizations.

2. The vote of confidence means the expression by the National Assembly or People's Councils of confidence or non-confidence for persons holding positions elected or ratified by the National Assembly or elected by the People's Councils, in order to serve as a basis for removal from office or dismissal, or approval of the removal from office or dismissal of persons who fail to have the confidence of the National Assembly or People's Councils.

Article 3. Purposes of the poll or vote of confidence

The poll or vote of confidence aim to raise the effect and effectiveness of supervision activities of the National Assembly and People's Councils; to help the persons, for whom the poll or vote of confidence is made, see the levels of confidence on them in order to strive, train themselves and raise the quality and effectiveness of their activities; to serve as a basis for competent agencies or organizations to consider, assess, arrange and employ officers.

Article 4. Principles of poll or vote of confidence

1. To guarantee the rights of National Assembly deputies or People's Council deputies in the poll or vote of confidence; to respect the rights to report and explain of persons for whom the poll or vote of confidence is made.

2. To implement in publicity, fairness, democracy and objectiveness; to ensure the truthful assessment of result of the performance of tasks and exercise of powers by, and the political quality, morality and lifestyle of persons for whom the poll or vote of confidence is made.

3. To heighten the responsibility of National Assembly deputies and People's Council deputies; to ensure the standards of persons holding positions elected or ratified by the National Assembly or People's Councils; to ensure the stability and effectiveness of operation of the state apparatus and the leadership of the Party in personnel work.

Article 5. Grounds to assess the confidence level

Grounds to assess the confidence level for persons holding positions elected or ratified by the National Assembly or People's Councils include:

1. Results of performance of tasks and exercise of powers;

2. Political quality, morality and lifestyle.

Article 6. Responsibility of agencies, organizations and individuals in the poll or vote of confidence

1. The National Assembly and the People's Councils shall periodically organize the poll of confidence for persons holding positions elected or ratified by the National Assembly or the People's Councils, ensuring proper subjects, principles, time and process as prescribed in this Resolution.

2. National Assembly deputies and People's Council deputies shall participate in the poll or vote of confidence at the sessions of the National Assembly or the People's Councils; with caution, objective, impartial and fair consideration while expressing their confidence for persons holding positions elected or ratified by the National Assembly or People's Councils.

3. Persons for whom the poll of confidence is made must truthfully report on the results of performance of their assigned tasks and exercise of their assigned powers and their political quality, morality and lifestyle and fully explain the contents at requests by National Assembly deputies or People's Council deputies.

4. The Vietnam Fatherland Front Central Committee and the Fatherland Front Committees at all levels shall collect and summarize fully and promptly opinions and petitions of voters (if any) which are related to persons holding positions elected or ratified by the National Assembly or People's Councils, and send them to the National Assembly or People's Councils at the sessions.

5. Agencies, organizations and individuals are not allowed to abuse the poll or vote of confidence to agitate or commit illegal acts affecting National Assembly deputies or People's Council deputies.

Article 7. Time and place for organization of the poll of confidence

The National Assembly or People's Councils shall organize the poll of confidence annually from the second year of their tenure; particularly for the 2011-2016 tenure, the first poll of confidence will be carried out at the session in the beginning of the year 2013.

Article 8. Process of poll of confidence at National Assembly sessions

The process of poll of confidence at a National Assembly session is prescribed as follows:

1. The person for whom poll of confidence will be made, who is defined in Clause 2, Article 1 of this Resolution, makes a report on performance of contents specified in Article 5 of this Resolution in the previous year. The report must be sent to the National Assembly Standing Committee at least 30 days before the National Assembly session opens.

The National Assembly Standing Committee shall send the report made by the person for whom poll of confidence will be made and report of the Vietnam Fatherland Front Central Committee summarizing opinions and petitions of voters (if any) which are related to this person to National Assembly deputies at least 20 days before the National Assembly session opens.

2. At least 10 days before the National Assembly carries out poll of confidence, National Assembly deputies may send official letters to the person for whom the poll of confidence will be made, requesting further clarification of the contents serving as the grounds to assess the confidence level specified in Article 5 of this Resolution. The person for whom the poll of confidence will be made shall reply in writing for the requests which are given out by deputies before the date of poll of confidence;

3. The National Assembly shall establish the vote counting Board. The establishment, tasks and powers of the vote counting Board comply with Article 31 of the Regulation on National Assembly Sessions;

4. The National Assembly shall make poll of confidence through ballot form. The full name and position of the persons for whom the poll of confidence is made, and the levels of "high confidence", "confidence" and "low confidence" are clearly written on ballots;

5. The Vote Counting Board shall announce the vote counting result to each person for whom the poll of confidence is made;

6. The National Assembly shall consider and pass a resolution on the poll of confidence for the persons holding the positions elected or ratified by the National Assembly at the proposal of the National Assembly Standing Committee.

Article 9. Process of poll of confidence at People's Council sessions

The process of poll of confidence at a People's Council session is prescribed as follows:

1. The person for whom the poll of confidence will be made defined in Clause 3 Article 1 of this Resolution makes a written report on the performance of contents specified in Article 5 of this Resolution in the previous year. The report must be sent to the Standing Committee of People’s Council at least 20 days before the People's Council session opens.

The Standing Committee of People’s Council sends the report of the person for whom the poll of confidence will be made and the report of the Vietnam Fatherland Front Committee of the same level (if any) summarizing opinions and petitions of voters relating to the person for whom the poll of confidence will be made to the People's Council deputies at least 10 days before the People's Council session opens;

2. At least 03 days before the People's Council session opens, the People's Council deputies may send official letters to the person for whom the poll of confidence will be made, requesting further clarification of the contents serving as the grounds to assess confidence specified in Article 5 of this Resolution. The person for whom the poll of confidence will be made shall reply in writing the requests which deputies have given out before the day the poll of confidence;

3. The People's Council shall establish the vote counting Board. The establishment, tasks and powers of the vote counting Board comply with Article 13 of the Regulation on Operation of the People's Councils.

4. The People's Council shall hold poll of confidence through ballot form. The full name and position of the person for whom poll of confidence is made, and the levels "high confidence", "confidence" and "low confidence" are clearly written on the ballots;

5. The vote counting Board shall announce the vote counting result to each person for whom the poll of confidence is made;

6. The People's Council shall consider and pass a resolution on the poll of confidence for the persons holding the positions elected by the People's Council at the proposal of Standing committee of People's Council

Article 10. Consequences for persons assessed as "low confidence" by the National Assembly or People's Councils

The person for whom poll of confidence is made and who is assessed as "low confidence" by more than half of the total number of National Assembly deputies or People's Council deputies may submit his/her resignation. For a person who is assessed as "low confidence" by over two-thirds of the total number of National Assembly deputies or People's Council deputies or assessed as "low confidence" for two consecutive years by more than half of the total number of National Assembly deputies or People's Council deputies, the National Assembly Standing Committee or the Standing Committee of People’s Council may propose the National Assembly or the People's Council for a vote of confidence as prescribed in Articles 12 and 13 of this Resolution.

Article 11. Cases to make vote of confidence

1. The National Assembly Standing Committee may propose the National Assembly for vote of confidence for persons holding positions elected or ratified by the National Assembly defined in Clause 2, Article 1 of this Resolution in the following cases:

a/ The National Assembly Standing Committee has a proposal;

b/ At least 20% of the total number of National Assembly deputies have a written petition;

c/ The Ethnic Council or a Committee of the National Assembly has competition;

d/ The person for whom poll of confidence is made is assessed as "low confidence" by over two-thirds of the total number of National Assembly deputies;

e/ The person for whom poll of confidence is made is assessed as "low confidence" for two consecutive years by more than half of the total number of National Assembly deputies.

2. The Standing Committee of People’s Council may propose the People's Council for vote of confidence for persons holding positions elected by the People's Council, defined in Clause 3, Article 1 of this Resolution, in the following cases:

a/ At least one-third of the total number of People's Council deputies have written petition;

b/ The Vietnam Fatherland Front Committee of the same level has petition;

c/ The person for whom poll of confidence is made and who is assessed as "low confidence" by over two-thirds of the total number of People's Council deputies;

d/ The person for whom poll of confidence is made and who is assessed as "low confidence" for two consecutive years by more than half of the total number of People's Council deputies.

Article 12. Process of vote of confidence for persons holding positions elected or ratified by the National Assembly

The process of vote of confidence for a person holding a position elected or ratified by the National Assembly is prescribed as follows:

1. The National Assembly Standing Committee shall propose the National Assembly for vote of confidence for a person holding a position elected or ratified by the National Assembly at a National Assembly session;

2. The person who is brought out for vote of confidence may present his/her opinions before the National Assembly;

3. The National Assembly discusses in National Assembly deputies' delegations;

4. In necessary case, the Chairperson of the National Assembly shall meet with heads of National Assembly deputies' delegations to exchange ideas on relevant matters;

5. The National Assembly Standing Committee shall report before the National Assembly on the results of discussions in the National Assembly deputies' delegations;

6. The National Assembly shall establish the vote counting Board. The establishment, tasks and powers of the vote counting Board comply with Article 31 of the Regulation on National Assembly Sessions;

7. The National Assembly shall make vote of confidence through ballot form. The full name and position of the person who is brought out for vote of confidence, and the levels "confidence" and "non-confidence" must be clearly written on the ballots;

8. The vote counting Board shall announce the vote counting result to the person who is brought out for vote of confidence;

9. The National Assembly shall consider and pass a resolution on the vote of confidence for the person who is elected or ratified by the National Assembly at the proposal of the National Assembly Standing Committee.

Article 13. Process of vote of confidence for persons holding positions elected by the People's Councils

The process of vote of confidence for a person holding a position elected by the People's Council is prescribed as follows:

1. The Standing Committee of People’s Council shall propose the People's Council for vote of confidence for a person holding a position elected by the People's Council at a People's Council session;

2. The person who is brought out for vote of confidence may present his/ her opinions before the People's Council;

3. The People's Council shall discuss;

4. The People's Council shall establish the vote counting Board. The establishment, tasks and powers of the vote counting Board comply with Article 13 of the Regulations on Operation of the People's Councils;

5. The People's Council shall make vote of confidence through ballot form. The full name and position of the person who is brought out for vote of confidence, and the levels "confidence" and "non-confidence" must be clearly written on the ballots;

6. The vote counting Board shall announce the vote counting result to the person who is brought out for vote of confidence;

7. The People's Council shall consider and pass a Resolution on the vote of confidence for the person holding a position elected by the People's Council at the proposal of the Standing Committee of People’s Council.

Article 14. Consequences for persons fail to have confidence of the National Assembly or the People's Councils

For a person who is brought out for vote of confidence and receives votes of non-confidence of more than half of the total number of National Assembly deputies or People's Council deputies, the competent agency or person that has nominated such person for election or ratification by the National Assembly or the People's Council shall propose the National Assembly or the People's Council for consideration and decision on the removal from office or dismissal or ratification on the removal from office or dismissal of such person, who fails to have the confidence of the National Assembly or the People's Council.

Article 15. Effect

1. This Resolution takes effect on February 01, 2013.

2. To annul Article 26 of Ordinance No. 34/2007/PL-UBTVQH12 on practice of democracy in communes, wards and townships.

3. If a law or another resolution of the National Assembly which is promulgated before this Resolution takes effect and contains provisions different from the provisions of this Resolution, the provisions of this Resolution shall prevail.

Article 16. Implementation guidance

The National Assembly Standing Committee shall guide the implementation of this Resolution.

This Resolution was adopted on November 21, 2012, by the XIII^th National Assembly of the Socialist Republic of Vietnam at its 4th session.