Resolution 85/2014/qh13: About Taking Votes Of Confidence, Vote Of Confidence For People Held By The Congress Of The People's Council, Elected Or Approved

Original Language Title: Nghị quyết 85/2014/QH13: Về lấy phiếu tín nhiệm, bỏ phiếu tín nhiệm đối với người giữ chức vụ do Quốc hội, Hội đồng nhân dân bầu hoặc phê chuẩn

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CONGRESS
Number: 85 /2014/QH13
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, 28 November 2014

THE RESOLUTION.

For the vote of confidence, vote of confidence for the keeper.

office by the National Assembly, the People ' s Assembly or ratification

____________________

CONGRESS
THE SOCIALIST REPUBLIC OF VIETNAM.

The Constitution of the Socialist Republic of Vietnam.

The National Assembly Law School. 30 /2001/QH10 modified, added to some things under the Law No. 83 /2007/QH11;

The Human Rights Council, the People's Council, and the People's Committee. 11 /2003/QH11;

The Basic Law Executive Rules Act. 17 /2008/QH12;

DECISION:

What? 1. The tuning range and subject apply

1. This resolution rules the National Assembly, the People's Council, the vote of confidence, votes for the holder of the office by the National Assembly, the People's Assembly, or ratification of the provisions of the 2, 3 and 4 Articles.

2. Congress takes a vote of confidence to those who hold the following posts:

a) President of the country, Vice President of Water;

b) President of the National Assembly, Vice President of the National Assembly, Committee of the Standing Committee of the National Assembly, Chairman of the National Council, Chairman of the Committee of the National Assembly;

c) Prime Minister, Deputy Prime Minister, Minister, other members of the Government;

d) Chief Justice of the Supreme People 's Court, the Institute of the Supreme People' s Examination Institute, the state auditor General.

3. The People ' s Council takes a vote of confidence to those who hold the following posts:

a) Chairman of the People's Council, Deputy Chairman of the Council of the People, Member of the Permanent Council of the People, Head of the Council of the People;

b) Chairman of the People 's Committee, Deputy Chairman of the People' s Committee, other members of the People ' s Committee.

4. Congress, the People 's Assembly vote confidence on the holder of the office by the National Assembly, the People' s Assembly or the ratification.

5. The case of a person who simultaneously holds a number of functions specified in paragraph 2 or paragraph 3 This is the result of a vote of confidence being made once for those positions.

6. No confidence vote for the holder of the prescribed office at paragraph 2 or paragraph 3 This has the duration of a continuous office of less than 9 months, as of the opening day of the session to hold the vote of the National Assembly, the People's Council.

What? 2. Explain the word

In this resolution, the words below are understood as follows:

1. Get a vote. is the Congress, the People's Council to exercise oversight, evaluate the degree of confidence to the holder of the office by the National Assembly, the People's Assembly, or the ratification to serve as the basis for the review of the cadre assessment.

2. Vote credits. is the Congress, the People 's Council expresses credibility or no confidence to the holder of the office due to the National Assembly, the People' s Assembly or approval to serve as the basis for dismissal or approval of the unelected dismissal of the National Assembly, the Assembly. The people of the people.

What? 3. The purpose of the vote vote, vote of confidence

The vote of confidence, the vote of confidence to raise the effectiveness, the effective oversight of the National Assembly, the Council of People; raise the quality, the operational efficiency of the state apparatus; to help the person get to vote, vote confidence. It is the level of confidence to strive for, to train, to improve quality and efficiency; as a basis for the agency, the organization has the authority to review the assessment of the cadres.

What? 4. The principle of a vote of confidence, vote of confidence

1. Secure the rights and responsibilities of the deputies of the National Assembly, delegate to the Council of the People in the vote of confidence, vote of confidence; respect the right to report, the course of the vote of the vote of confidence, vote of confidence.

2. Public, fair, democratic, objective; guarantee the correct assessment of the outcome of duty, authority and political dignity, ethics, the lifestyle of the person being given a vote of confidence, vote of confidence.

3. Secure the stability and performance of the state apparatus, the leadership of the party in the cadre.

What? 5. The base reviews the credibility level

The base assessed the degree of credibility to the person who was given a vote of confidence, the vote of the confidence included:

1. Results perform tasks, permissions are delivered;

2. political, moral, lifestyle; the adoption of the Constitution and the law.

What? 6 . The responsibility of the agency, the organization, the individual in the vote of confidence, vote of confidence

1. Congress, the People ' s Council organizes the confidence vote that guarantees the right subject, principle, deadlock and process according to the provisions of this Resolution.

2. Deputies, deputies of the People's Assembly are responsible for participating in the vote of confidence, vote of confidence in the National Assembly, the People's Council; caution, objectiation, objectiation, justice, and justice.

3. The person who is given a credit vote must report the results of the results of the mission, the right to be delivered, the political, moral, lifestyle, the estate, the personal income, the limitations, the shortcomings, the remediation and the full equation. The delegates of Congress, the People's Assembly, demanded.

4. The Central Committee of the Fatherland Front, the United Nations Front Committee, the full-sum, timely synthesis, the petition of the electorate concerning the person who is given a vote of confidence (if any) send to the National Assembly, the People's Assembly before the session.

5. Agency, organization, individual not to take advantage of a vote of confidence, vote of confidence in order to lobby or have laws that affect Congress, delegate to the People's Assembly.

What? 7. The deadline and timing of the organization get a vote of confidence

The National Assembly, the People's Council, holds a vote of confidence once per term in the third annual session of the term.

What? 8. The course of a vote of confidence in Congress

1. The person who is given a vote of confidence in paragraph 2 Article 1 of this resolution is written by a prescribed pattern at the Appendix issued by this resolution sent to the Committee on which the National Assembly is as slow as 30 days before the opening day of the National Assembly. Yeah.

2. The Standing Committee of the National Assembly sends the report of the person to be given a vote of confidence and report, aggregate, the petition of the electorate concerning the person who is given the vote of the Central Committee of the Vietnam Front (if any) come to the National Congress. The slog is 20 days before the opening day of the National Assembly.

3. The case found to clarify the issue regarding the person who was given a vote of confidence, which was 15 days prior to the opening day of the meeting of the vote, the Congressman had the right to offer the Standing Committee of the National Assembly demanding that the authorities have jurisdiction. Verify and respond in writing.

4. As slow as 10 days before the date of the conduct of the vote, the Congress delegate may send the text to the Standing Committee of the National Assembly and the person who is given the vote to ask the person to be given a vote of making clear the content of the judging base. Credibility level. The person who is given a vote of the vote is answerated by writing to the Standing Committee of the National Assembly and to the National Assembly with the request prior to the date of a vote of confidence.

5. At the session, the Standing Committee of the National Assembly presented the National Assembly to decide the list of those who were given a vote of confidence.

Prior to the vote of the vote, the National Assembly deliberated at the National Assembly on matters relating to the vote of confidence. The National Assembly frequently reports to Congress the results of a discussion at the National Assembly.

6. Congress to establish the Board of Control.

7. Congress takes the vote by ballot ballot. On the ballot, the names of the names, the positions of those who receive the vote, the degree of "high credibility", "credibility", "low credit".

8. Board of voting results.

9. Congress review, through Resolution confirming the results of the vote vote on the recommendation of the Standing Committee of the National Assembly.

What? 9. The procedure for a vote of confidence at the People ' s Assembly

1. The person who is given a vote of confidence in paragraph 3 Article 1 of this resolution has a written report by the prescribed pattern at the Appendix issued by this resolution sent to the Standing Committee of the Council, the slog, 30 days before the opening day of the session. The People's Assembly.

2. Standing by the People 's Council to submit a vote of the person being taken by a vote of confidence and report, aggregate, the voter' s petition concerning the person who is given the vote of the Committee on the Order of the Country at the same level (if any) arrive at the board. The slog population was 20 days before the opening day of the People's Assembly.

3. The MP for the People ' s Assembly sees the need to clarify the issue concerning the person who is given a vote of confidence, which is 15 days before the opening day of the inaugural session of the vote, the Council of the People's Council has the right to recommend the Standing Committee of the Council. The people require the authority to have the authority to verify and respond in writing.

4. As slow as 10 days before the opening day of the meeting, the People ' s Assembly can send the text to the Permanent Council of the people and who is given a vote of confidence to ask the person to be given a vote of making clear the content of the judging base. Your call. The person who is given a vote of confidence is responsible for the Permanent Office of the People's Assembly, and the Assembly of the People's Council is required before the date of the vote.

5. At the time of the meeting, the Standing Committee of the People's Assembly decided to list those who were given a vote of confidence.

Prior to the vote of the vote, the People's Council discussed at the People's Assembly of the People's Assembly on matters relating to the vote of confidence. Often, the People's Council reports in front of the People's Assembly of the People's Assembly.

6. The People ' s Assembly established the Board of Control.

7. The people ' s council votes to vote by ballot. On the ballot clear they are named, the position of the person being given a vote of confidence, the degree of "high credibility", "confidence", "low credit".

8. Board of voting results.

9. The Council of People review, through Resolution confirming the results of a vote of confidence at the suggestion of the Permanent Council of the People's Assembly.

What? 10. The consequence of the person being given a vote of confidence

1. The person who is given a vote of more than half of the total number of members of the National Assembly, representing the People's Council for "low credit", may apply for a resignation.

2. The person who is given a vote of confidence has two-thirds of the total number of Congressional delegates, representing the People's Assembly to "low credit", the Standing Committee of the National Assembly, the Standing Committee of the People's Assembly, the People's Council votes. All right

What? 11. Signal voting cases

1. The Standing Committee of the National Assembly shall submit a vote of confidence to the holder of the office by the National Assembly or the ratification in the following case:

a) The Standing Committee of the National Assembly recommended it;

b) There is the petition of the National Council or the Committee of Parliament;

c) There is a petition of at least twenty percent of the total number of National Assembly delegates;

d) The person who was given a confidence vote from two-thirds of the total number of congressional delegates came up to evaluate "low credibility".

2. Permanent Council of People's Assembly votes to the holder of the office by the People's Assembly in the following cases:

a) There is a petition of at least one third of the sum of the assembly of the People's Council;

b) the petition of the Committee on the Front of the Fatherland at the same level;

c) The person who is given a vote of confidence has two-thirds of the total number of people's delegates to be rated "low-confidence".

What? 12. Procedulation offers, parliamentary petition, the People ' s Council vote of confidence.

1. The offer, the parliamentary petition to vote on the specified confidence at points a, b and c paragraph 1 Article 11 of this resolution are implemented as follows:

a) The Standing Committee of the National Assembly automatically decides whether the National Assembly votes its vote of confidence to the holder of the office by the National Assembly or ratified when it is needed;

b) During the monitoring process, if the person who holds the office holder by the National Assembly or approval has a violation of the law or does not perform properly and full duties, the powers are delivered, inflict serious damage to the interests of the State, rights, benefits, etc. the legal legal of the organization, personally, or when there is a written petition of at least twenty percent of the total national council members, members of the Committee of the National Assembly on consideration of a vote of confidence for the holder of the office by the National Assembly or approval. Normally, the committee is responsible for reporting the Council, the Committee to decide. In the case of at least two-thirds of the total membership of the Council, members of the Committee voted to approve of that petition, the Assembly, the Committee petit Committee of the National Assembly, voted for the National Assembly to vote.

c) The National Assembly petits Congress to vote a vote on the holder of the office by the National Assembly or ratified by sending the text to the Standing Committee of the National Assembly. Upon receiving the petition of at least twenty percent of the total number of members of the National Assembly for a holder of the office by the National Assembly or ratification, the National Assembly's Standing Committee of the National Assembly votes the confidence vote. The total number of parliamentary petitions for the vote of confidence is calculated during the period from the opening of this session to the opening of the next session of the National Assembly.

2. Representative of the People's Assembly petits a vote of confidence to the office holder by the People's Assembly by sending text to the Permanent Council of the People's Assembly. Upon receiving the petition of at least one-third of the total number of people's delegates to a person holding office by the People's Assembly, the People's Assembly is generally voted by the People's Assembly. The total number of delegates of the Council of the People's Assembly on the vote of confidence is calculated during the period from the opening of this session to the opening of the next session of the Council of People's Council.

What? 13. The confidence vote process for the holder of the office by the National Assembly or approval

1. The National Assembly of the National Assembly shall vote for a vote of confidence to the office holder of the National Assembly or the approval of the National Assembly.

2. The person who is given a vote of confidence has the right to present his opinions before Congress.

3. Congress deliberated at the National Assembly.

4. In case of necessity, the Speaker of the National Assembly meets with the Chief of Congress to exchange on relevant issues.

5. General Assembly of Congress reports before Congress results in deliberation at the National Assembly.

6. Congress to establish the Board of Control.

7. Congress votes to vote by ballot ballot. On the ballot clear they are named, the position of the person to be given the vote of confidence, the degree of degree: "credibility", "no confidence".

8. The ballot board announced the results of the vote on the person given the vote of confidence.

9. Congress review, through Resolution confirming the results of a vote vote on the holder of the office by the National Assembly or approved by the recommendation of the Standing Committee of the National Assembly.

What? 14. The confidence vote process for the holder of the office by the People ' s Assembly

1. Standing by the People's Assembly, the People's Assembly votes to the office of the People's Assembly at the Council of People's Assembly.

2. The person who is given a vote of confidence has the right to present his opinions before the People ' s Assembly.

3. People ' s Assembly deliberated.

4. The People ' s Council established the Board of Control.

5. The people ' s council votes to vote by ballot ballot. On the ballot clear they are named, the position of the person to be given the vote of confidence, the degree of degree: "credibility", "no confidence".

6. The ballot board announced the results of the vote on the person given the vote of confidence.

7. The Council of People review, through Resolution confirming the results of a vote of confidence on the holder of the office by the People's Assembly on the recommendation of the Permanent Council of the People's Assembly.

What? 15. The consequences for the unelected, the People ' s Council.

The person who is voted to have more than half of the total number of members of the National Assembly, delegates of the "unbeliever", may apply for resignation; the case is not resigned, or the authority or the authority to introduce the person to Congress, the Council of Human Rights. Elected or ratified the National Assembly, the People's Council considers, decides the dismissal or approval of the dismissal of the person.

What? 16. The vote used in the vote vote, vote of confidence and the identification of a valid vote

1. The vote used in the vote is expressed in the prescribed form at the Appendix issued by this resolution, which includes separate votes for each post and the office group. On each ballot, the name, the position of the elected member of the National Assembly, the People's Council votes in accordance with the corresponding umbrella of "high confidence", "confidence", "low credit". In the case of a person who is in charge of a number of provisions in paragraph 2 or paragraph 1 of this resolution, the vote is full of those positions.

The vote used in the vote is expressed in the prescribed form at the Appendix issued by this resolution, which includes a separate vote for each person elected by the National Assembly, the People's Assembly. On the ballot clearly they are named, the position of the person to be given a vote of confidence accompanied by the squares corresponding to the degree of "credibility" and "no confidence".

2. The following cases are not valid votes:

a) The vote does not follow the prescribed pattern issued by the Board.

b) The vote does not determine the degree of credibility or choice of more than one degree of confidence.

3. The school of votes named many that the expression of the degree of confidence to a person is not valid by regulation at point b 2 This only determines the unvalid outcome for the person, the result showing the degree of credibility to those in person. The rest of the list is still valid.

The ballot case that adds the name of the person outside the list is already in the vote issued by the Board of the Board, which adds no value; the result shows the level of confidence for those left on the list still valid.

What? 17. K The vote, the vote, the vote.

1. The result of a vote of confidence for each person who was publicly announced by the Board at the session includes the following content:

And their names, and their posts, shall be given a vote of confidence;

b) The total number of votes came, the number of votes earned and the number of valid votes;

c) The total number of "high confidence" votes, percentage of the total number of deputies or delegates of the People's Assembly;

d) The total number of "confidence" votes, percentage points from the total number of deputies or delegates of the People's Assembly;

The total number of "low-confidence" votes, percentage points to the total number of members of the National Assembly or of the People's Assembly.

2. The result of a vote of confidence for each person who was publicly announced by the Board at the session included the following content:

a) They were given the name of the man who was given a vote of confidence;

b) The total number of votes came, the number of votes earned and the number of valid votes;

c) The total number of "credits", the percentage of votes compared to the total number of deputies or delegates of the People's Assembly;

d) The total number of "non-confidence" votes, a percentage compared to the total number of members of the National Assembly or of the People's Assembly.

3. The total number of members of the National Assembly, the total number of members of the Council of People's Assembly, is used as a base to calculate the votes as the number of deputies of the National Assembly, the People's Assembly at the time of the vote of confidence, vote of confidence. Representative of the National Assembly, the representative of the Council of People's Council is being suspended for a delegate mission not to count on this sum.

4. The resolution confirms the result of a vote of confidence that specifies the time of a vote of confidence, the total number of which is given a vote of confidence; the general assessment of the implementation of the vote of confidence and the result of a vote of confidence in each person; identifying those In the case of Article 10 of this resolution.

5. The resolution confirms the result of a vote of confidence that specifies the time, the result of a vote of confidence, identifying the person who has more than half of the total parliamentary delegate or delegate of the non-confidence People's Assembly.

What? 18. Effect of execution

1. This resolution came into effect on 1 July 2015.

2. This resolution replaces the digital resolution 35 /2012/QH13 of the National Assembly for a vote of confidence, vote of confidence to the holder of the office, the People's Assembly, or the ratification.

3. The Standing Committee of the National Assembly directed this decision.

The resolution was held by the National Assembly of the Socialist Republic of Vietnam XIII, the 8th session through November 28, 2014.

President of Congress.

(signed)

Nguyen Gung Xiong