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The National Assembly today (June 23) voted to pass the Law on Bidding (amended) and the Resolution on taking a vote of confidence and a vote of no confidence.

Báo Quốc TếBáo Quốc Tế23/06/2023

Today (June 23), the National Assembly voted to pass the Law on Bidding (amended) and the Resolution on taking a vote of confidence and voting for confidence in people holding positions elected or approved by the National Assembly or People's Council (amended).
Quốc hội hôm nay (23/6) biểu quyết thông qua Luật Đấu thầu (sửa đổi) và Nghị quyết về việc lấy phiếu tín nhiệm, bỏ phiếu tín nhiệm
The National Assembly meets in the hall on June 22.

It is expected that in the morning , the National Assembly will vote to pass the Law on Bidding (amended); discuss in the hall the draft Law on Management and Protection of National Defense Works and Military Zones.

In the afternoon , the National Assembly voted to pass a Resolution on taking a vote of confidence and a vote of no confidence for people holding positions elected or approved by the National Assembly or People's Council (amended); discussed in the hall the draft Law on Real Estate Business (amended).

* Previously, on the morning of June 15, at the National Assembly House, under the chairmanship of Politburo member and National Assembly Chairman Vuong Dinh Hue, the National Assembly Standing Committee gave opinions on a number of major issues to explain, absorb, revise, and perfect the draft Resolution on taking a vote of confidence and voting for those holding positions elected or approved by the National Assembly and People's Councils (amended).

Chairman of the National Assembly's Law Committee Hoang Thanh Tung said that on May 30 and June 9, 2023, the National Assembly discussed in groups and halls the draft Resolution on taking a vote of confidence and voting for those holding positions elected or approved by the National Assembly and People's Councils (amended).

There were 123 comments from National Assembly deputies, basically all of whom agreed with the necessity and highly appreciated the process of preparing the draft Resolution and believed that the amendment of Resolution No. 85/2014/QH13 ensures consistency and timely institutionalization of Regulation No. 96-QD/TW dated February 2, 2023 of the Politburo, contributing to improving the effectiveness and efficiency of supervision by the National Assembly and People's Councils, and enhancing the responsibility and efficiency of State management agencies.

The comments basically agreed with many contents of the draft Resolution, and also contributed many specific comments to continue perfecting this draft Resolution. Immediately after the end of the discussion session, the Standing Committee of the Law Committee (the agency in charge of the review) coordinated with the Delegation Work Committee (the agency in charge of drafting) and relevant agencies to study and absorb in order to revise and perfect the draft Resolution.

Regarding the subjects of the vote of confidence and vote of no confidence (Article 2), some opinions proposed to fully supplement the subjects elected or approved by the National Assembly and People's Councils to the list of subjects eligible for the vote of no confidence (such as members of the National Defense and Security Council, Judges of the Supreme People's Court, Deputy Heads of the People's Council, and Jurors of the People's Courts at the provincial and district levels).

Regarding this issue, the Standing Committee of the Law Committee said that in order to ensure the practical effectiveness of the vote of confidence, the draft Resolution only identifies the subjects eligible for the vote of confidence as those holding leadership and management positions, having a certain influence on the promulgation and implementation of policies, or those holding positions at agencies with leadership roles and regular activities (such as the Standing Committee of the National Assembly, the Government, the Standing Committee of the People's Council, the People's Committee) and does not apply it uniformly to all positions and titles elected and approved by the National Assembly and the People's Council such as Judges, People's Assessors or deputies at the Committees of the People's Council. Therefore, the Standing Committee of the National Assembly proposes to continue to define the scope of subjects eligible for the vote of confidence at the National Assembly and the People's Council as shown in the draft Resolution.

Regarding the process of taking a vote of confidence and voting for confidence at the National Assembly and People's Councils, based on the opinions of National Assembly deputies, Chairman of the Law Committee Hoang Thanh Tung said that the draft Resolution was accepted and revised in the direction that the National Assembly Standing Committee and the People's Council Standing Committee only consider and plan the list of people to be voted for confidence and have a document requesting the people to be voted for confidence according to the plan to prepare a report (Clause 1, Article 8 and Article 9).

At the session, the Standing Committee of the National Assembly and the Standing Committee of the People's Council will submit to the National Assembly and the People's Council for decision the list of people to be voted on for confidence (Point a, Clause 8, Article 10 and Article 11). Such a provision is both an inheritance and supplement to Resolution No. 85/2014/QH13, and clearly defines the authority and responsibility of the National Assembly, the People's Council and the standing bodies of the National Assembly and the People's Council.

There are suggestions to amend the direction that the person who is voted for a vote of confidence is responsible for reporting and explaining the contents stated in the summary report, collecting voters' opinions of the Vietnam Fatherland Front Committee and these reports must be sent to National Assembly deputies and People's Council deputies at all levels.

On this issue, the Standing Committee of the Law Committee and the Delegation Working Committee agreed to accept the above opinions and revise the provisions in Articles 10 and 11 of the draft Resolution in the direction that upon receiving the report synthesizing and collecting voters' opinions from the Vietnam Fatherland Front Committee, the Standing Committee of the National Assembly and the Standing Committee of the People's Council are responsible for sending it to National Assembly deputies, People's Council deputies and people who are voted for a vote of confidence.

At least 03 days before the date of the meeting to collect the vote of confidence, the person subject to the vote of confidence is responsible for sending an explanatory report (if any) on the issues raised in the summary report, collecting voters' opinions of the Vietnam Fatherland Front Committee to the National Assembly Standing Committee, the People's Council Standing Committee and the requested delegates.

Regarding the consequences of taking a vote of confidence and a vote of no confidence (Article 12, Article 17), the Standing Committee of the Law Committee and the Delegation Work Committee said that the provisions in Clauses 2 and 3, Article 12 of the draft Resolution have consistently and fully demonstrated the spirit of Regulation No. 96-QD/TW on the use of the results of the vote of no confidence and the requirement to strengthen Party building and rectification.

To be consistent with the scope of regulation, this draft Resolution does not specify in detail all cases and deadlines for the person who is voted for a vote of confidence to resign, but this content will be implemented according to other relevant regulations of the Party and State (Regulation No. 41-QD/TW dated November 3, 2021 of the Politburo on dismissal and resignation of cadres, Law on Cadres and Civil Servants, laws on organizational apparatus, etc.).

There are suggestions to review and clearly define the case where a person holds multiple positions but when taking a vote of confidence, one position has a high level of confidence, while another position has a different level of confidence, which result will be used as the basis for implementing the next steps.

The Standing Committee of the Law Committee and the Delegation Affairs Committee would like to request the National Assembly Standing Committee to accept the above opinions and revise the regulations on cases of taking a vote of confidence for people who simultaneously hold multiple positions elected or approved by the National Assembly or People's Council to have appropriate regulations on consequences. Accordingly, in cases where a person simultaneously holds multiple positions as prescribed in Clause 1 or Clause 2, Article 2, the vote of confidence will be conducted once for all those positions (Clause 4, Article 2).

In case a person has been voted on for confidence at the same time for many positions and more than half to less than 2/3 of the total number of National Assembly deputies and People's Council deputies rate him/her as having "low confidence", the vote of confidence will be conducted once for those positions (Clause 2, Article 12).

In case a person has been voted on for confidence at the same time for many positions and 2/3 or more of the total number of National Assembly deputies and People's Council deputies rate him/her as having "low confidence", then dismissal will be carried out for all those positions (Clause 3, Article 12).

Regarding the method of calculating the confidence ratio and the public announcement of the results of the vote of confidence and the vote of no confidence (Article 5, Article 19), some opinions suggested that the denominator for calculating the confidence ratio be the total number of National Assembly and People's Council deputies present and participating in the vote of no confidence and the vote of no confidence at the session. Other opinions said that the provisions in the draft Resolution are not clear, which could lead to the understanding that the results are calculated based on the total number of deputies participating in the vote.

Chairman of the Law Committee Hoang Thanh Tung said that determining the total number of delegates to calculate the percentage of the results of the vote of confidence and the vote of no confidence is the total number of delegates who are qualified and have the right to vote at the time of the vote of confidence and the vote of no confidence, which is in accordance with the provisions of the Constitution, the Law on Organization of the National Assembly, the Law on Organization of Local Government, the Rules of the National Assembly Session as well as the operating tradition of elected bodies up to now.

In response to the opinions of National Assembly deputies, to avoid different interpretations, it is proposed that the National Assembly Standing Committee allow the adjustment of the provisions in Clause 3, Article 19 of the draft Resolution in the direction that the total number of National Assembly deputies and the total number of People's Council deputies used as the basis for calculating the percentage of votes is the total number of National Assembly deputies and People's Council deputies who are qualified and have the right to vote at the time of taking the vote of confidence and voting for confidence.

Through discussion, the National Assembly Standing Committee basically agreed with the Report on a number of major issues to explain, absorb, revise and perfect the draft Resolution on taking a vote of confidence, voting for confidence in people holding positions elected or approved by the National Assembly and People's Councils (amended).

Some opinions at the meeting contributed to the basis for assessing the level of confidence for the person who is voted for, voted for (Article 6), on cases of voting for (Article 13), on procedures for proposing, recommending the National Assembly, People's Council to vote for confidence (Article 14), on document techniques. At point d, Clause 2, Article 6 on the results of implementing commitments and promises, some opinions suggested that it is necessary to emphasize more, design more clearly in the Resolution on the implementation of ensuring the promises, commitments or action programs of National Assembly and People's Council deputies when running for election.



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