Chương 5 Luật bầu cử đại biểu hội đồng nhân dân 2003: Ứng cử và hiệp thương, giới thiệu người ứng cử đại biểu hội đồng nhân dân

Chapter V

CANDIDACY AND CONSULTATION, NOMINATION OF THE PEOPLE’S COUNCIL CANDIDATES

Section 1. CANDIDACY AND DOSSIERS THEREOF

Article 29.- Nominees and independent candidates of the People's Councils must submit their candidacy dossiers at the Election Councils of localities where they stand for the election at least sixty days before the election day. Such a dossier comprises:

1. An application for candidacy;

2. A curriculum vitae certified by the commune-level People's Committee of the locality where such person resides or by the agency, organization or unit where he/she works;

3. A brief biography and three color-photos of 4 cm x 6 cm size.

After receiving and considering the dossiers of independent candidates or nominees of agencies, organizations and units, if such dossiers are valid under the provisions of this Law, the Election Councils shall transfer the brief biographies and lists of such candidates to the standing boards of Vietnam Fatherland Front Committees of the same levels.

Article 30.- Independent candidates and nominees of the People's Councils in any locality must be those who reside or work permanently in such locality.

Independent candidates and nominees shall have their names inscribed for candidacy at only one election unit and must not participate in the Election Board or the Election Team under the unit they stand for election.

Article 31.- The following persons must not stand for the People's Council election:

1. Persons defined in Clause 1, Article 25 of this Law;

2. Persons who are litigated for criminal offenses;

3. Persons who are serving the courts' criminal judgments or decisions;

4. Persons who have completely served the courts' criminal judgments or decisions but have their criminal records not yet remitted;

5. Persons who are serving decisions on administrative handling through education in communes, wards or townships, at education camps, medical establishments, or who are put on administrative probation.

Those who have already had their names inscribed in the lists of People's Council candidates and are, by the time the election starts, litigated for criminal offenses, arrested in the acts of committing crimes or lose their civil act capacity, shall have their names deleted by the Election Councils from the lists of the People's Council candidates and the voters shall be notified thereof.

Section 2. CONSULTATION, NOMINATION OF PEOPLE'S COUNCIL CANDIDATES

Article 32.- The first consultative conference at each level shall be held by the standing board of Vietnam Fatherland Front Committee of the same level at least eighty five days before the election day. Participants in the first consultative conference shall include the Standing Board of Vietnam Fatherland Front Central Committee and representatives of the leaderships of the Front's member organizations. Representatives of the Election Councils as well as the standing bodies of the People's Councils, and the People's Committees of the same levels shall be invited to attend this conference.

The provincial- and district-level first consultative conference shall negotiate on the proportion, composition and number of independent candidates and nominees of political organizations, socio-political organizations, social organizations, economic organizations, people's armed force units, State agencies of the same levels, and administrative units of lower levels.

The commune-level first consultative conference shall negotiate on the proportion, composition and number of independent candidates and nominees of political organizations, socio-political organizations, social organizations, economic organizations, people's armed force units, State agencies of the same levels as well as hamlets and population groups in localities.

The consultative conferences' minutes must clearly state the composition and number of participants as well as the conferences' developments and results. The provincial-level consultative conferences' minutes shall be immediately sent to the National Assembly Standing Committee, the Government, Vietnam Fatherland Front Central Committee as well as the standing boards of the People's Councils and the Election Councils of the same level. The district- or commune-level consultative conferences' minutes shall be sent immediately to the standing bodies of the People's Councils, the People's Committees, Vietnam Fatherland Front Committees of the immediate superior levels as well as the standing bodies of the People's Councils and the Election Councils of the same levels.

Article 33.- Basing themselves on the results of the first consultative conferences prescribed in Article 32 of this Law, at least eighty days before the election day:

1. The standing bodies of the provincial- or district-level People's Councils shall adjust the proportion, composition and number of nominees of agencies, organizations and units in their respective localities as well as independent candidates of the People's Councils of the same levels;

2. The standing bodies of the commune-level People's Councils shall adjust the proportion, composition and number of nominees of agencies, organizations, units, hamlets and population groups in their respective localities as well as independent candidates of the People’s Councils of the same level.

Article 34.- On the basis of the first consultative conferences' results and the adjustment of the standing bodies of the People's Councils, basing themselves on the criteria of the People's Council deputies, agencies, organizations, units as well as hamlets and population groups (for the commune level) which are allocated a definite number of deputies, shall nominate People's Council candidates. The nomination shall be conducted as follows:

1. The leaderships of political organizations, socio-political organizations or social organizations shall project their candidates for the People's Council election, organize the gathering of comments from voters' conferences in the localities where such persons work. Basing themselves on the comments of the voters conferences, the leaderships shall organize the conferences of the expanded executive boards to discuss and nominate their candidates for the People's Council election;

2. The leaderships of State agencies, non-business units or economic organizations shall coordinate with the agencies' trade union executive boards in projecting their candidates for the People's Council election, organize the gathering of comments from voters' conferences at the places where such persons work. Basing themselves on the comments of the voters' conferences, the agencies' leaderships shall organize conferences with the participation of the leaderships of agencies, units, organizations and trade union executive boards as well as representatives of the leaderships of attached units to discuss and nominate candidates for the People's Council election;

3. The leaderships or commands of the people's armed force units shall project their candidates for the People's Council election and organize the gathering of comments from conferences of voters at the places where such persons work. Basing themselves on the comments of the voters' conferences, the units' leaderships or commands shall organize conferences with the participation of leaderships or commands of the units, representatives of trade union executive boards (if any), and representatives of armymen and commanders of immediate subordinate levels to discuss and nominate their candidates for the People's Council election.

4. Vietnam Fatherland Front's working boards at hamlets or population groups shall project hamlets' or population groups' candidates for the commune-level People's Council election and coordinate with the hamlet chiefs or population groups' heads in organizing voters' conferences to discuss and nominate candidates for the commune-level People's Council election.

The nomination of candidates for the commune-level People's Council election at hamlets or population groups shall be jointly guided by the Government and Vietnam Fatherland Front Central Committee.

Article 35.- Agencies, organizations or units which nominate People's Council candidates must hand over the minutes of conferences of voters at places where such candidates work and the minutes of their expanded leadership conferences to discuss and nominate their candidates to the People's Council election to the standing boards of Vietnam Fatherland Front Committees of the levels which organize the consultative conferences.

Vietnam Fatherland Front's working boards shall transfer the minutes of voters' conferences at hamlets or population groups to discuss and nominate candidates to commune-level People's Council election to the standing boards of the commune-level Vietnam Fatherland Front Committees.

Article 36.- The second consultative conference at each level shall be held by the standing board of Vietnam Fatherland Front Committee of the same level at least fifty five days before the election day. The composition of participants and invitees shall be the same as for the first consultative conference.

The consultative conferences shall base themselves on the criteria of People's Council deputies, the proportion, composition and the number of deputies as well as nominees and independent candidates to make preliminary lists of People's Council candidates, send them for gathering comments on independent candidates and nominees of agencies, organizations or units from voters in the localities where such candidates reside and gather comments on the commune-level People's Council independent candidates and nominees of hamlets or population groups from voters in the places where they work (if any). The gathering of comments shall be organized according to the provisions of Article 37 of this Law.

The consultative conferences' minutes must clearly state the composition and number of participants as well as the conferences' developments and results. The minutes of the provincial-level consultative conferences shall be sent immediately to the National Assembly Standing Committee, the Government, Vietnam Fatherland Front Central Committee as well as the standing bodies of the People's Councils and the Election Councils of the same level. The minutes of the district- or commune-level consultative conferences shall be sent immediately to the standing bodies of the People's Councils, the People's Committees, Vietnam Fatherland Front committees of immediate superior levels as well as the standing bodies of the People's Councils and the Election Councils of the same levels.

Article 37.- The commune, ward and township conferences of voters held according to hamlets and population groups shall be jointly convened and presided over by the standing boards of Vietnam Fatherland Front Committees and the standing bodies of the People's Councils and the People's Committees of the same level.

Conferences of voters in State agencies, political organizations, socio-political organizations, social organizations, economic organizations or non-business units shall be jointly convened and presided over by the heads of agencies or organizations in coordination with the trade union executive boards of the same levels. Conferences of voters in people's armed force units shall be the armymen's conferences which are convened and presided over by the units' leaderships or commands.

People's Council nominees and independent candidates, and representatives of agencies, organizations, units, hamlets and population groups having candidates shall be invited to attend these conferences.

At these conferences, voters shall base themselves on the criteria of People's Council deputies to give their comments and express their confidence on independent candidates or nominees by raising their hands or casting secret ballots according to the conferences' decisions.

Minutes of voters' conferences for gathering comments on People's Council candidates must clearly state the composition and number of participants as well as conferences' developments and results. Minutes of voters' conferences for gathering comments on candidates of the People's Council of any level shall be sent to the standing board of Vietnam Fatherland Front Committee of such level for preparation for the third consultative conference.

Vietnam Fatherland Front Central Committee shall coordinate with the Government in guiding the order and procedures for organizing voters' conferences at working places and places of residence.

Article 38.- Responsibilities to verify, and reply to, matters raised by voters about nominees and/or independent candidates, are prescribed as follows:

1. For matters arising in working places, the agencies, organizations or units which directly manage the candidates shall have to verify and reply in writing to the standing boards of Vietnam Fatherland Front Committees of the levels which organize the consultative conferences.

In cases where candidates are heads of agencies, organizations or units, the immediate superior agencies, organizations or units shall have to make verification and reply. If such agencies, organizations or units do not have their immediate superior agencies, the agencies competent to decide the setting-up of such agencies, organizations or units shall have to make the verification and reply;

2. For matters arising in population quarters, the agencies, organizations or units that nominate candidates shall coordinate with the commune-level People's Committees in making the verification and written reply to the standing boards of Vietnam Fatherland Front Committees of the levels which organize consultative conferences;

3. For independent candidates of the People's Council of any level, the Election Councils shall coordinate with agencies, organizations or units directly managing such candidates or the commune-level People's Committees of the localities where such candidates reside in making the verification and written reply to the standing boards of Vietnam Fatherland Front Committees of the levels which organize the consultative conferences;

4. Within forty days before the election day, the verification of, and reply to, matters raised by voters about candidates prescribed in this Article must be completed.

Article 39.- The third consultative conference at each level shall be held by the standing board of Vietnam Fatherland Front Committee of the same level within thirty five days before the election day. The composition of participants and invitees shall be the same as for the first consultative conferences.

The consultative conferences shall base on the criteria of the People's Council deputies, the proportion, composition and number of independent candidates and nominees of agencies, organizations and units, and results of gathering of voters' comments to select and make the official lists of People's Council candidates.

The third consultative conferences' minutes must clearly state the composition and number of participants as well as conferences' developments and results.

Section 3. LISTS OF CANDIDATES

Article 40.- Within thirty days before the election day, the standing boards of the provincial-level Vietnam Fatherland Front Committees must send the third consultative conferences' minutes and the official lists of People's Council candidates to the National Assembly Standing Committee, the Government, Vietnam Fatherland Front Central Committee as well as the standing bodies of the People's Councils and the Election Councils of the same level; the district- or commune-level standing boards of Vietnam Fatherland Front Committees must send the third consultative conferences' minutes and the official lists of People's Council candidates to the standing bodies of the People's Councils, the People's Committees, Vietnam Fatherland Front Committees of immediate superior levels as well as the standing bodies of the People's Councils and the Election Councils of the same levels.

Article 41.- Within twenty five days before the election day, the Election Councils shall publicize the lists of candidates according to each election unit.

Within twenty days before the election day, the Election Teams must post up the lists of candidates according to the Election Councils' announcement at polling stations.

Article 42.- The number of People's Council candidates at each election unit must be larger than the number of deputies to be elected at such unit at least by two persons, except for cases of inadequacy of candidates due to force majeure reasons under the Government's guidance.

Article 43.-

1. As from the date of publicizing the lists of People's Council candidates, citizens may lodge their complaints or denunciations against candidates; or lodge complaints or file petitions about mistakes in the listing of candidates to the Election Councils of such levels. The Election Councils must inscribe such complaints, denunciations or petitions into books and settle them according to their respective competence.

In cases where complainants, denouncers or petitioners disagree with the Election Boards' settlement results, they may lodge their complaints or file their petitions to the Election Councils. The Election Councils' decisions shall be the final ones.

2. Within ten days before the election day, the Election Councils or the Election Boards shall cease the consideration and settlement of complaints, denunciations or petitions against candidates as well as the listing of candidates. In cases where such complaints or denunciations are clear with enough grounds to conclude that the candidates are unqualified to be People's Council deputies, the Election Councils of all levels shall decide to delete such candidates' names from the lists of candidates before the election day and notify voters thereof.

3. Anonymous written complaints or denunciations shall not be considered or settled.

4. The Election Councils shall transfer all dossiers on complaints and denunciations which are left unsettled as well as on complaints and denunciations which have already been settled but the settlement thereof are disagreed with by the involved parties to the standing bodies of the newly elected People's Councils of the same levels for settlement according to their respective competence.

Section 4. ELECTION PROPAGATION AND CAMPAIGNING

Article 44.- The Government shall direct the work of election information, propagation and campaigning nationwide. The Councils for election of deputies to the People's Councils of all levels shall direct the work of election information, propagation and campaigning in their respective localities.

Article 45.- State agencies, political organizations, socio-political organizations, social organizations, people's armed force units and press agencies shall, within the ambit of their respective tasks and powers, have to propagate the election.

Article 46.- Those persons with their names inscribed in the publicized lists of People's Council candidates may canvass for election through meetings or contacts with voters or through mass media according to law provisions in order to report to voters on their plans for the performance of their responsibilities if they are elected People's Council deputies.

Meetings and contacts with voters shall be held by the standing boards of Vietnam Fatherland Front Committees.

Article 47.- The election campaigning shall be conducted in a democratic, equitable and lawful manner, ensuring social order and safety, and must be finished twenty-four hours before the voting starts.