Leave for serious illness without a vote of confidence
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.
Delegates said that the amendment of Resolution No. 85 ensures consistency and timely institutionalization of Regulation No. 96 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 operational efficiency of State management agencies.
Regarding not taking a vote of confidence for people with serious illnesses confirmed by medical facilities and who have not been in charge of work for 6 months or more, Mr. Tung stated that the Standing Committee of the Law Committee and the Delegation Work Committee unanimously accepted the opinion of the majority of National Assembly Deputies.
At the same time, amend the provisions in Clause 5, Article 2 of the draft Resolution in the direction of not taking a vote of confidence for people who are on leave for treatment of serious illnesses with confirmation from a medical facility and have not been in charge of work for 6 consecutive months or more to ensure strictness.
Chairman of the National Assembly's Committee on Law Hoang Thanh Tung.
“This is a practical issue arising from the implementation of policies and regulations in personnel work. There are health standards for leaders, so appropriate regulations are needed to adjust them,” said Mr. Tung.
Regarding specific contents such as criteria for determining serious illness, competent medical facilities for confirmation, etc., these are professional issues that need to be implemented in accordance with the provisions of the law on medical examination and treatment and decentralization of personnel management. If necessary, during the implementation process, the National Assembly Standing Committee will provide specific instructions.
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, Mr. 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 on for confidence and have a document requesting the people to be voted on for confidence according to the plan to prepare a report.
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. Such a provision both inherits and supplements Resolution No. 85, 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 3 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.
Deadline for the person subject to a vote of confidence to resign
Regarding the consequences of taking a vote of confidence and a vote of no confidence , 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 reflected the spirit of Regulation No. 96 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 subject to a vote of confidence to resign, but this content will be implemented according to other relevant regulations of the Party and State.
The Standing Committee of the National Assembly gave opinions on a number of major issues, explained, accepted, revised and perfected the draft Resolution on taking a vote of confidence and voting for confidence.
There are suggestions to review and clearly define the case where a person holds many 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 case a person holds multiple positions at the same time, the vote of confidence is conducted once for all those positions.
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.
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 .
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