Chương 5 Luật Bầu cử Đại biểu Quốc hội 1997: Ứng cử và hiệp thương, giới thiệu người ứng cử đại biểu quốc hội

Chapter V

CANDIDACY AND CONSULTATION, NOMINATING CANDIDATES FOR THE NATIONAL ASSEMBLY ELECTION

Section 1. CANDIDACY AND CANDIDACY DOSSIERS

Article 28.- Citizens who stand for the National Assembly election (nominated and independent candidates) in accordance with the provisions of this Law must submit their candidacy dossiers not later than sixty days before the election day.

The candidacy dossier includes:

a/ An application for candidacy;

b/ A curriculum vitae certified by the agency, organization or unit where the he/she is working or by the People’s Committee of the ward, commune or township where he/she is residing;

c/ A summarized biography and three color photos in 4 cm x 6 cm size.

2. The candidates nominated by the political, socio-political or social organizations or the People’s Armed forces units or State agencies at the central level shall submit their dossiers to the Election Council.

The candidates nominated by the political, socio-political or social organizations, or the People’s Armed force units or State agencies at the local level and the independent candidates shall submit their dossiers to the Election Committee of the place where they stand for the election.

3. After receiving and considering the candidates’ dossiers, and seeing that they conform to the provisions of this Law, the Election Council shall transfer the summarized biographies of those nominated by the political, socio-political, social organizations, the People’s Armed Forces units and the State agencies at the central level to the Standing Board of the Vietnam Fatherland Front Central Committee; the Election Committees shall transfer the summarized biographies of those nominated by the political, socio-political, social organizations, the People’s Armed Forces and the State agencies at the local level and the summarized biographies of the independent candidates to the Standing Board of the Fatherland Front Committee of the province or the city directly under the Central Government to include them into the list for consultation.

Article 29.- The following persons shall not be entitled to stand for the National Assembly election:

1. The persons in the cases defined in Clause 1 Article 23 of this Law;

2. The persons who are being prosecuted for penal liability;

3. The persons who are serving penal sentences or decisions of the Court;

4. The persons who already served penal sentences or decisions of the Court but their convictions have not yet been wiped off;

5. The persons who are serving administrative sanctions through forced education at the commune, ward or township, at the educational establishments and medical treatment establishments or who are put on administrative probation.

If persons who have registered their names in the list of National Assembly candidates are, by the time the election starts, being prosecuted for penal liability, arrested in the acts of committing crimes or insane, the Election Council shall cross out their names from the lists of candidates for the National Assembly election.

Section 2. CONSULTATION AND NOMINATING CANDIDATES FOR NATIONAL ASSEMBLY ELECTION

Article 30.- Not later than seventy five days before the election day the first consultative conference at the central level shall be organized by the Presidium of the Central Committee of the Vietnam Fatherland Front with the participation of the Presidium of the Central Committee of the Vietnam Fatherland Front and representatives of the leading bodies of the member organizations of the Front.

The consultative conference shall agree on the proportions, composition and number of the people from the agencies, organizations and units at the central level to be elected as National Assembly deputies on the basis of the first proposition sent by the Standing Committee of the National Assembly, The representatives of the Election Council, the Standing Committee of the National Assembly and the Government shall be invited to attend this conference.

The minutes of the consultative conference must clearly state the composition and number of the participants, the process and results of this conference and shall be immediately sent to the Standing Committee of the National Assembly and the Election Council.

Article 31.- Not later than seventy five days before the election day the first consultative conference of the province or the city directly under the Central Government shall be organized by the Standing Board of the Fatherland Front Committee of such province or city; the participants shall include members of the Standing Board of the Fatherland Front Committee and representatives of the leading bodies of the member organizations of the Front and representatives of the Standing Boards of the Fatherland Front Committees of the rural and urban districts, towns and cities under the province.

The consultative conference shall agree on the proportion, composition and number of the people of the local agencies, organizations and units to be elected as National Assembly deputies on the basis of the first proposition sent by the Standing Committee of the National Assembly, The representatives of the Election Committee, the Standing Board of the People’s Council and the People’s Committee shall be invited to attend this conference.

The minutes of the consultative conference must clearly state the composition and number of the participants, the process and results of this conference and shall be immediately sent to the Standing Committee of the National Assembly, the Standing Board of the Central Committee of the Vietnam Fatherland Front and the Election Committee.

Article 32.- On the basis of the first consultation results as prescribed in Articles 30 and 31 of this Law, not later than seventy days before the election day, the Standing Committee of the National Assembly shall make the second proposition on the proportion, composition and number of the people of the central and local agencies, organizations and units to be elected as National Assembly deputies.

Article 33.- On the basis of the second proposition by the Standing Committee of the National Assembly and the requisite qualifications of National Assembly deputies, the central and local agencies, organizations and units shall be assigned the number of their people to be nominated as candidates for the National Assembly election.

Article 34.- The nomination of candidates for the National Assembly election by the central agencies, organizations and units shall be conducted as follows:

1. The leading body of a political organization, socio-political or social organization shall propose its people to be candidates for the National Assembly election, gather comments from a conference of voters held in the working place(s) of such people. On the basis of these comments, the leading body of the organization shall organize a meeting of the expanded Executive Board or the expanded Presidium to discuss and nominate the people to stand for the National Assembly election;

2. The leading board of a State agency shall, in coordination with the Executive Committee of the agency’s Trade Union, propose its people to be National Assembly candidate(s), gather comments from a conference of voters held in the working place(s) of such people. On the basis of these comments, the leading board of the agency shall organize a conference with the participation of the leading officials of the agency, the Executive Committee of the Trade Union, representatives of the leading officials of the attached units to discuss and nominate the agency’s candidate(s) for the National Assembly election;

3. For a unit of the People’s Armed Forces, its command shall propose person(s) from the unit to be candidate(s) for the National Assembly election, gather comments from a conference of voters held in the working place of such person(s). On the basis of these comments, the command of the unit shall organize a conference with the participation of the leaders or commanders of the unit, the representative of the Executive Committee of the Trade Union (if any), the representatives of the soldiers of the immediate-lower commanding officers to discuss and nominate the person(s) of the unit to stand for the National Assembly election.

The conference of voters mentioned in this Article shall be conducted in accordance with the provisions of Article 39 of this Article

Article 35.- The nomination of the National Assembly candidates by the local agencies, organizations and units shall be conducted as follows:

1. The leading board of the political organization, socio-political or social organization shall propose its member(s) to be National Assembly candidate(s), gather comments from a conference of voters held in the place where such person(s) work. On the basis of these comments, the leading board of the organization shall organize a meeting of the expanded Executive Board to discuss and nominate the organization�s candidate(s) for the National Assembly election.

2. The leading board of a State agency shall, in coordination with the Executive Committee of the agency’s Trade Union, propose its people to be National Assembly candidate(s), to gather comments from a conference of voters held in the place where such people work. On the basis of these comments, the leading board of the agency shall organize a conference with the participation of the leading officials of the agency, the Executive Committee of the Trade Union, representatives of leading bodies of the attached units to discuss and nominate the agency’s candidate(s) for the National Assembly election;

3. For a unit of the People’s Armed Force, its command shall propose person(s) from the unit to be National Assembly candidate(s), gather comments from a conference of voters held in the place where such person(s) work. On the basis of these comments, the command of the unit shall organize a conference with the participation of the leaders or commanders of the unit, representatives of the Executive Committee of the Trade Union (if any), of the soldiers and commanders of the immediate lower units to discuss and nominate the person(s) of the unit to run for the National Assembly election.

The conference of voters mentioned in this Article shall be conducted in accordance with the provisions of Article 39 of this Law

Article 36.- The central agencies, organizations and units that nominate candidates for the National Assembly election shall send the minutes of the conferences of voters in the working place of such candidates and the minutes of the conferences of the leading boards of the agencies, organizations and units with the comments on the nominated persons to the Standing Board of the Central Committee of the Vietnam Fatherland Front. The Standing Board of the Central Committee of the Vietnam Fatherland Front shall register their names in the lists for consultation.

The local agencies, organizations and units that nominate candidates for the National Assembly election shall send the minutes of the conferences of voters in the working place of such candidates and the minutes of the conferences of the leading boards of the agencies, organizations and units with the comments on the nominated persons to the Standing Board of the Fatherland Front Committees of the provinces and the cities directly under the Central Government. The Standing Board of the Fatherland Front Committees shall register their names in the lists for consultation.

Article 37.- Not later than fifty five days before the election day, the second consultative conference at the central level shall be organized by the Presidium of the Central Committee of the Vietnam Fatherland Front; the participating composition of the conference shall comply with the provisions of Article 30 of this Law.

The consultative conference shall, on the basis of the requisite qualifications of the National Assembly deputies, the proportion, composition and number of deputies to be elected from the central agencies, organizations and units as proposed the second time by the Standing Committee of the National Assembly, draw up a preliminary list of candidates for the National Assembly election and distribute it to the voters in the places of residence of the candidates for their comments.

The minutes of the consultative conference must clearly state the composition and number of the participants, the process and result of the conference and shall be immediately sent to the Standing Committee of the National Assembly and the Election Council.

Article 38.- Not later than fifty five days before the election day, the second consultative conference in the province or city directly under the Central Government shall be organized by the Standing Board of the Fatherland Front Committee of such province or city; the composition of the Conference shall comply with the provisions of Article 31 of this Law.

The consultative conference shall, on the basis of the requisite qualifications of the National Assembly deputies, the proportion, composition and number of deputies to be elected from the local agencies, organizations and units as proposed the second time by the Standing Committee of the National Assembly, draw up a preliminary list of candidates for the National Assembly election and distribute it to the voters in the places of residence of the candidates for their comments; for independent candidates (if any) comments shall be also collected from voters in their working place(s).

The minutes of the consultative conference must clearly state the composition and number of the participants, the process and results of the conference and shall be immediately sent to the Standing Committee of the National Assembly, the Election Council and the Election Committee.

Article 39.-

1. The conference of voters in a commune, ward or township organized in each rural village or hamlet, urban street group, mountainous hamlet, where the candidate(s) permanently resides, shall be convened and chaired jointly by the Standing Board of the Fatherland Front Committee of such village, ward or township and the People’s Committee of the same level.

The National Assembly candidates, representatives of their agencies, organizations and units shall be invited to attend this conference.

2. The conference of voters in a political, socio-political or social organization shall be convened and chaired by its leading board; the conference of voters in a State agency shall be convened and chaired jointly by the leading board and the Executive Committee of the Trade Union of the agency; The conference of voters in a People’s Armed Force unit is the conference of the military personnel convened and chaired by the command of the unit.

The National Assembly candidates shall be invited to attend this conference.

3. At the conferences defined in Clauses 1 and 2 of this Article, the voters shall make their comments on the basis of the requisite qualifications for National Assembly deputies and make a vote of confidence for the candidates by either a show of hands or secret ballots under the decision of the Conference.

The minutes of the conference of voters to collect comments on the persons nominated by central agencies, organizations and units shall be sent to the Standing Board of the Central Committee of the Vietnam Fatherland Front. The minutes of the conference of voters to collect comments on the persons nominated by local agencies, organizations, and units and on the independent candidates shall be sent to the Standing Board of the Fatherland Front Committee of the province or city directly under the Central Government.

4. The organization of the conferences of voters defined in this Article shall be jointly guided by the Standing Committee of the National Assembly and the Presidium of the Central Committee of the Vietnam Fatherland Front.

Article 40.- The responsibility for verifying and answering the voters’ questions relating to the candidates is prescribed as follows:

1. For the questions relating to the candidate’s working place, the agency, organization or unit directly managing the candidate shall be responsible for verifying and making a written reply to the Standing Board of the Central Committee of the Vietnam fatherland Front, the Standing Board of the Fatherland Front Committee of the province or the city directly under the Central Government.

If the candidate is the head of the agency, organization or unit, the immediate higher agency shall be responsible for verifying and making a reply. If the agency, organization or unit does not have an immediate higher managing agency, the agency competent to decide the establishment of such agency, organization or unit shall be responsible for verifying and making a reply.

2. For the questions relating to the candidate’s living quarters, the agency, organization or unit nominating the candidate shall, in coordination with the People’s Committee of the commune, ward or township, verify and make a written reply to the Standing Board of the Central Committee of the Vietnam Fatherland Front and the Standing Board of the Fatherland Front Committee of the province or the city directly under the Central Government.

3. For an independent candidate, the Election Committee shall, in coordination with the agency, organization or unit directly managing such candidate or the People�s Committee of the commune, ward or township where he/she resides, verify and make a written reply to the Standing Board of the Fatherland Front Committee of the province or the city directly under the Central Government.

4. Not later than forty days before the election day, the verification and reply to the voters� questions relating to the candidates prescribed in this Article must be completed.

Article 41.- On the basis of the results of the second consultative as prescribed in Articles 37 and 38 of this Law, not later than forty days before the election day, the Standing Committee of the National Assembly shall make the third proposition on the proportion, composition and number of the persons of the central and local agencies, organizations and units to be elected as National Assembly deputies.

Article 42.- Not later than thirty five days before the election day the third consultative conference at the central level shall be organized by the Presidium of the Central Committee of the Vietnam Fatherland Front; the participating composition of the conference is prescribed in Article 30 of this Law.

The consultative conference shall, on the basis of the requisite qualifications of the National Assembly deputies, the proportion, composition and number of deputies to be elected from the central agencies, organizations and units as proposed the third time by the Standing Committee of the National Assembly and the voters’ comments to select and draw up the official list of the National Assembly candidates.

The minutes of the consultative conference must clearly state the composition and number of the participants, the process and result of the conference.

Article 43.- Not later than thirty five days before the election day the third consultative conference in a province or city directly under the Central Government shall be organized by the Standing Board of the Fatherland Front Committee of such province or city; the participating composition of the conference shall comply with Article 31 of this Law.

The consultative conference shall, on the basis of the requisite qualifications for the National Assembly deputies, the proportion, composition and number of deputies to be elected from the local agencies, organizations and units as proposed the third time by the Standing Committee of the National Assembly and the voters’ comments, select and draw up the official list of the National Assembly candidates.

The minutes of the consultative conference must clearly state the composition and number of the participants, the process and result of the Conference.

Section 3. LIST OF CANDIDATES

Article 44.- Not later than thirty days before the election day, the Standing Board of the Central Committee of the Vietnam Fatherland Front shall send to the Election Council the report of the third consultative conference and the official list of National Assembly candidates nominated by the Presidium of the Central Committee of the Vietnam Fatherland Front.

Article 45.- Not later than thirty days before the election day, the Standing Board of the Fatherland Front Committee of a province or city directly under the Central Government shall send to the Election Committee the report of the third consultative conference and the official list of National Assembly candidates nominated by the Fatherland Front Committee of such province or city.

Article 46.- On the basis of the official list of candidates nominated by the Presidium of the Central Committee of the Vietnam Fatherland Front, the Election Council shall send to each Election Committee a list of candidates in the locality.

Not later than twenty five days before the election day, the Election Council shall draw up and announce the list of candidates for each of the constituencies in the whole country according to the official list from the Standing Board of the Central Committee of the Vietnam Fatherland Front and the Election Committee.

The list of candidates must clearly state their full names, birth dates, native places, places of residence, race, religion, educational level, expertise, profession, working position and places. The candidates’ names shall be arranged in the alphabetical order.

The number of candidates in the list for each constituency must be greater than the number of deputies to be elected therein.

Each candidate shall only have his/her name included in the list of candidates of one constituency.

Article 47.- Not later than twenty days before the election day, the Election Committee must post the list of candidates in the locality by decision of the Election Council.

Article 48.- A candidate must not be a member of the Election Board or Election Team in the agency, organization or unit that nominates him/her. If he/she is already selected as a member of the Election Board or Election Team in the agency, organization or unit that nominates him/her, the candidate must, from the date his/her name is registered in the official list of candidates, withdraw his/her name from the list of the persons of such election unit.

Article 49.-

1. From the date when the list of candidates is made public, citizens shall have the right to lodge complaints and denunciations about the candidates, complaints and petitions about errors in the listings of candidates with the Election Board, the Election Committee or the Election Council. The Election Board, the Election Committee or the Election Council shall write down and settle according to its competence such complaints, denunciations and petitions.

If the complainant, denouncer or petitioner disagrees with the settlement by the Election Board or the Election Committee, he/she shall be entitled to lodge a complaint to the Election Council. The decision of the Election Council shall be the final.

2. Within ten days before the election day, the Election Council, the Election Committees and the Election Boards shall stop considering and settling all complaints, denunciations and petitions relating to the candidates and the listings of candidates.

Section 4. ELECTION PROPAGANDA AND CAMPAIGNING

Article 50.- The Election Council shall direct the information and propaganda work and the campaigning for the election on the national scale; the Election Committees shall direct the implementation of the information and propaganda work as well as the campaigning for election in the localities.

Article 51.- State agencies, political, socio-political and social organizations, People�s Armed Force units and information and press agencies shall, within the scope of their tasks and powers, have to propagate for the election.

Article 52.- The persons on the list of candidates for the National Assembly election shall be entitled to electioneer through their meetings and contacts with the voters and the mass media so as to brief the voters on their plan for discharging the tasks of a National Assembly deputy once they are elected.

The Vietnam Fatherland Front shall arrange the candidates’ meetings and contacts with the voters for electioneering.

Article 53.- The electioneering shall be conducted in a democratic and equitable manner, in accordance with law while it must ensure social order and safety.