Approval of not taking a vote of confidence for leaders on medical leave for serious illness

On the afternoon of May 30, the Law Committee reported on the examination of the draft Resolution of the National Assembly 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).

Regarding the scope of subjects for taking a vote of confidence, voting for confidence, and cases where a vote of confidence is not taken, the Law Committee agrees as stipulated in the draft resolution.

According to the Law Committee, the addition of a regulation that does not require a vote of confidence for people who are on medical leave for serious illness with confirmation from a medical facility and have not been in charge of work for 6 months or more is based on practical principles, demonstrates humanity, and is consistent with the requirements of taking a vote of confidence at the National Assembly and People's Councils.

The National Assembly will discuss the draft resolution this afternoon. Photo: QH

In addition, there are suggestions that it is necessary to clearly state that the period of non-operation is from 6 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 Council to be subject to a vote of confidence, such as Supreme People's Court Judges, members of the National Defense and Security Council, Deputy Heads of the People's Council, and People's Court Jurors.

More than half of delegates rated "no confidence" and recommended dismissal.

Regarding the consequences for those who are voted for and have their confidence voted on, the Law Committee finds that the provisions in the draft resolution ensure that they are consistent with the requirements for timely and strict handling of officials with low confidence levels. Therefore, the Law Committee basically agrees.

The Law Committee proposed to revise the direction that in case the person subject to the vote of confidence has more than half to less than two-thirds of the total number of delegates giving a low confidence rating and does not resign, the National Assembly Standing Committee shall submit to the National Assembly, and the People's Council Standing Committee shall submit to the People's Council for a vote of confidence. Instead of the regulation that "the competent agency or person recommending that person for the National Assembly or People's Council to elect or approve is responsible for submitting to the National Assembly or People's Council for a vote of confidence" as in the draft resolution.

Besides, there are opinions that the purpose of taking a vote of confidence is to help officials see their level of confidence in order to "self-reflect" and "self-correct".

Therefore, it is recommended to design regulations in the direction that in cases where 2/3 or more of the total number of delegates rate their confidence as low, there should still be a mechanism for them to proactively resign. In case they do not resign, the agency or competent person who recommends that person to the National Assembly or People's Council for election or approval will submit to the National Assembly or People's Council for consideration of dismissal or approval of the proposal for dismissal of that person.

Regarding the consequences for those who are voted for a vote of confidence, there are opinions that the vote of confidence should be identified as a step in the process of considering discipline for officials who hold positions elected or approved by the National Assembly or People's Council.

The Law Committee said that according to the provisions of the draft resolution, cases that are put up for a vote of confidence at the National Assembly or People's Council are usually due to the discovery of signs of violations or through a vote of confidence, it is shown that the person elected or approved by the National Assembly or People's Council has a low level of confidence.

“The most serious consequence for those who are subject to a vote of confidence and a vote of confidence as stipulated in the draft resolution is that they must submit to the National Assembly or People's Council a decision on dismissal or approval of a proposal for dismissal.

Therefore, this opinion suggests that in case a person put up for a vote of confidence is rated by more than half of the total number of delegates as having no confidence, a more severe form of handling should be applied, that is, the National Assembly or People's Council should dismiss or approve a proposal to remove that person from office," the inspection report stated.

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