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THE NATIONAL
ASSEMBLY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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Resolution No.
35/2012/QH13
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Hanoi, November 21, 2012
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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
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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
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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
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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
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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.
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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
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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;
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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;
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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;
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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
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This Resolution was adopted on November 21,
2012, by the XIIIth National Assembly of the Socialist Republic of Vietnam
at its 4th session.
CHAIRPERSON OF
THE NATIONAL ASSEMBLY
Nguyen Sinh Hung