Chương V Luật Bầu cử đại biểu Quốc hội và đại biểu Hội đồng nhân dân 2015: Ứng cử và hiệp thương, giới thiệu người ứng cử đại biểu Quốc Hội, đại biểu Hội đồng Nhân Dân

Chapter V

CANDIDACY AND CONSULTATION, NOMINATION OF NATIONAL ASSEMBLY CANDIDATES AND PEOPLE'S COUNCIL DEPUTIES

Section 1. CANDIDACY

Article 35. Candidacy dossiers and deadline for submitting candidacy dossiers

1. Citizens who stand for the National Assembly or People’s Council election as prescribed in this Law shall submit their candidacy dossiers within 70 days before the polling day.

2. A candidacy dossier includes:

a) An application for candidacy;

b) A curriculum vitae certified by the competent agency, organization or unit;

c) A summarized biography;

d) Three color photos in 4 cm x 6 cm size;

dd) An income and asset declaration prescribed in law on corruption prevention.

3. National Election Commission shall provide guidance on this Article.

Article 36. Submitting candidacy dossiers

1. Candidacy dossiers for National Assembly deputies shall be submitted as follows:

a) Every candidate nominated by the political, socio-political or social organizations, the People’s armed forces units or regulatory agencies in central governments shall submit two candidacy dossiers to National Election Commission;

b) Every candidate nominated by the political, socio-political or social organizations, the People’s armed forces units, central regulatory agencies, public service agencies or business organizations in local governments and every independent candidate shall submit two candidacy dossiers to the Election Commission of province where he/she resides or works regularly;

c) After receiving and considering the candidates’ dossiers, and seeing that they conform to the provisions of this Law, National Election Commission shall transfer the list of summarized biographies, curriculum vitae and income and asset declarations of nominated candidates to the Standing Committee of Central Committee of Vietnamese Fatherland Front. The Election Committees of province shall transfer candidacy dossiers of nominated candidates and independent candidates of the province to National Election Commission; transfer the list of summarized biographies, curriculum vitae and income and asset declarations of nominated candidates and independent candidates to the Standing Board of the Fatherland Front Committee of the province or to include them into the list for consultation.

2. Each candidate for People’s Council election shall submit a candidacy dossier to the Election Commission where he/she stands for election. Each independent candidate or nominated candidate for People’s Council election of a local government is required to reside or work regularly in such local government.

After receiving and considering independent and nominated candidates’ dossiers, and seeing that they conform to the provisions of this Law, Election Commissions shall transfer the list of summarized biographies, curriculum vitae and income and asset declarations of candidates to the Standing board of Central committee of Vietnamese Fatherland Front at the same administrative level to include them into the list for consultation.

3. Each citizen is only entitled to submit candidacy dossiers on People’s Council deputy election up to two administrative levels in the same term; if the citizen has submitted a candidacy dossier on National Assembly deputy election, he/she is only entitled to submit a candidacy dossier on People’s Council deputy election in an administrative level.

Article 37. Persons not entitled to stand for the National Assembly and People’s Council election

1. The persons who are deprived of the right to stand for election under legally effective judgments or decisions of the Court, who are serving prison terms without suspended sentences, and who are limited or incapable of civil acts.

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 criminal record have not yet been expunged.

5. The persons who are serving administrative sanctions through reform schools, detoxification centers, or who are put on administrative probation in communes.

Section 2. CONSULTATION AND NOMINATION OF NATIONAL ASSEMBLY CANDIDATES AND ADJUSTMENTS TO PROPORTION, COMPOSITION AND NUMBER OF NOMINATED NATIONAL ASSEMBLY CANDIDATES

Article 38. The first national consultative conference

1. Within 95 days before the polling day, the first national consultative conference shall be organized by the Presidium of the Central Committee of Vietnamese Fatherland Front. The first national consultative conference shall be composed 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 representatives of National Election Commission, Standing Committee of National Assembly and the Government shall be invited to attend this conference.

2. The consultative conference shall agree on the proportion, composition and number of the candidates nominated by the agencies, organizations and units in central government for National Assembly election on the basis of the proposition sent by Standing Committee of National Assembly.

3. 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 Standing Committee of National Assembly and National Election Commission.

Article 39. The first provincial consultative conference

1. Within 95 days before the polling day, the first provincial consultative conference shall be organized by the Standing board of Central Committee of Vietnamese Fatherland Front of each province. The first central consultative conference shall be composed of the Standing board of Central Committee of Vietnamese Fatherland Front and representatives of the leading bodies of the member organizations of the Front at the same level and representatives of Standing board of Central Committee of Vietnamese Fatherland Front of affiliated districts. The representatives of Election Commission of the province, Standing body of People’s Council and People's Committee of the province shall be invited to attend this conference.

2. The consultative conference shall agree on the proportion, composition and number of the candidates nominated by the agencies, organizations and units in local government for National Assembly election on the basis of the proposition sent by Standing Committee of National Assembly.

3. 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 Standing Committee of National Assembly, National Election Commission and Standing board of Central Committee of Vietnamese Fatherland Front and the Election Commission of province.

Article 40. The first Proposition of Standing Committee of the National Assembly

According to the first consultation results, not later than 90 days before the polling day, Standing Committee of the National Assembly shall make the first 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 41. Nomination of candidates for the National Assembly election by the central agencies, organizations and units

According to the first Proposition of Standing Committee of the National Assembly and standards applicable to National Assembly deputies, central agencies, organizations and units shall select and nominate National Assembly candidates as follows:

1. The leading body of each political organization, socio-political or social organization shall propose its people to be candidates for the National Assembly election, gather comments from the first conference of electors 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 the first conference of electors 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 affiliated 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 commander shall propose person(s) from the unit to be candidate(s) for the National Assembly election, gather comments from the first conference of electors held in the working place of such person(s). On the basis of these comments, the commander 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;

4. The first conference of electors mentioned in this Article shall be conducted in accordance with the provisions of Article 45 of this Law;

5. The central agencies, organizations and units that nominate candidates for the National Assembly election shall transfer the minutes of the first conference of electors and the minutes of the leading board conference to Standing board of Central committee of Vietnamese Fatherland Front before the second consultative conference is organized.

Article 42. Nomination of candidates for the National Assembly election by the local agencies, organizations and units

According to the first Proposition of Standing Committee of the National Assembly and standards applicable to National Assembly deputies, local agencies, organizations and units shall select and nominate National Assembly candidates as follows:

1. The leading body of each political organization, socio-political or social organization shall propose its people to be candidates for the National Assembly election, gather comments from the first conference of electors 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 and nominate the people to stand for the National Assembly election;

2. The leading board of a State agency, a public service provider, or a business organization 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 the first conference of electors 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 affiliated 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 commander shall propose person(s) from the unit to be candidate(s) for the National Assembly election, gather comments from the first conference of electors held in the working place of such person(s). On the basis of these comments, the commander 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;

4. The first conference of electors mentioned in this Article shall be conducted in accordance with the provisions of Article 45 of this Law;

5. The central agencies, organizations and units that nominate candidates for the National Assembly election shall transfer the minutes of the first conference of electors and the minutes of the leading board conference to Standing board of Central committee of Vietnamese Fatherland Front before the second consultative conference is organized.

Article 43. The second national consultative conference

1. Within 65 days before the polling day, the second national consultative conference shall be organized by the Presidium of the Central Committee of Vietnamese Fatherland Front. The composition of the second consultative conference shall comply with Clause 1 Article 38 of this Law.

2. The second consultative conference shall, on the basis of the standards applicable to the National Assembly deputies, the proportion, composition and number of deputies to be elected from the central agencies, organizations and units as proposed in the first Proposition by Standing Committee of the National Assembly, draw up a preliminary list of candidates for the National Assembly election and distribute it to the electors in the places of residence of the candidates for their comments. The conference of electors mentioned in this Article shall be conducted in accordance with the provisions of Article 45 of this Law.

3. 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 Standing Committee of National Assembly and National Election Commission.

Article 44. The second provincial consultative conference

1. Within 65 days before the polling day, the second provincial consultative conference shall be organized by the Standing board of Central Committee of Vietnamese Fatherland Front of the province. The composition of the second provincial consultative conference shall comply with Clause 1 Article 39 of this Law.

2. The second consultative conference shall, on the basis of the standards applicable to the National Assembly deputies, the proportion, composition and number of deputies to be elected from the central agencies, organizations and units as proposed in the first Proposition by Standing Committee of the National Assembly, draw up a preliminary list of candidates for the National Assembly election and distribute it to the electors in the places of residence of the candidates for their comments; for independent candidates (if any), comments shall be also collected from electors in their working place(s). The conference of electors mentioned in this Article shall be conducted in accordance with the provisions of Article 45 of this Law;

3. 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 Standing Committee of National Assembly, National Election Commission and Standing board of Central Committee of Vietnamese Fatherland Front and the Election Commission of the province.

Article 45. The first conference of electors

1. The first conference of electors in a commune organized in each village, where National Assembly candidate(s) permanently resides, shall be convened and chaired jointly by the Standing Board of the Fatherland Front Committee of such village and the People’s Committee at the same administrative level.

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

2. The first conference of electors in a political, socio-political or social organization shall be convened and chaired by its leading board; the first conference of electors 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 electors in a People’s armed force unit is the conference of the military personnel convened and chaired by the commander of the unit.

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

3. At the first conferences, the electors shall make their comments on the basis of the standards applicable to 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.

4. The minutes of the first conference of electors to collect comments on National Assembly candidates must clearly state the composition and number of the participants, the process and results of this conference. The minutes of the first conference of electors to collect comments on the persons nominated by central agencies, organizations and units shall be sent to the Standing Board of Central Committee of Vietnamese Fatherland Front. The minutes of the first conference of electors 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 Vietnamese Fatherland Front Committee of the province.

5. Standing Committee of the National Assembly shall provide guidance on organization of the first conference of electors prescribed in this Article.

Article 46. Verifying and answering the electors’ questions relating to the candidates for the National Assembly election

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 Central Committee of Vietnamese fatherland Front, the Standing Board of the Vietnamese Fatherland Front Committee of the province.

If the candidate is the head of the agency, organization or unit, the superior agency shall be responsible for verifying and making a reply. If the agency, organization or unit does not have any superior 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 residential area, the agency, organization or unit nominating the candidate shall, in coordination with the People’s Committee of the commune, verify and make a written reply to the Standing Board of Central Committee of Vietnamese Fatherland Front and the Standing Board of Vietnamese Fatherland Front Committee of the province.

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 where he/she resides, verify and make a written reply to the Standing Board of Vietnamese Fatherland Front Committee of the province.

4. Not later than 40 days before the polling day, the verification and reply to the electors’ questions relating to the National Assembly candidates prescribed in this Article must be completed.

Article 47. The second Proposition of Standing Committee of the National Assembly

According to the second consultation results, not later than 55 days before the polling day, 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 48. The third national consultative conference

1. Within 35 days before the polling day, the third central consultative conference shall be organized by the Presidium of the Central Committee of Vietnamese Fatherland Front. The composition of the third consultative conference shall comply with Clause 1 Article 38 of this Law.

2. The third consultative conference shall, on the basis of the standards applicable to the National Assembly deputies, the proportion, composition and number of deputies to be elected from the central agencies, organizations and units as proposed in the second Proposition by Standing Committee of the National Assembly and the electors’ comments to select, draw up a preliminary list of candidates for the National Assembly election.

3. 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 Standing Committee of National Assembly and National Election Commission.

Article 49. The third provincial consultative conference

1. Within 35 days before the polling day, the third provincial consultative conference shall be organized by the Standing board of Vietnamese Fatherland Front Committee of province. The composition of the third provincial consultative conference shall comply with Clause 1 Article 39 of this Law.

2. The third consultative conference shall, on the basis of the standards applicable to the National Assembly deputies, the proportion, composition and number of deputies to be elected from the central agencies, organizations and units as proposed in the second Proposition by Standing Committee of the National Assembly and the electors’ comments to select, draw up a preliminary list of candidates for the National Assembly election.

3. 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 Standing Committee of National Assembly, National Election Commission and Standing board of Central Committee of Vietnamese Fatherland Front and the Election Commission of the province.

Section 3. CONSULTATION AND NOMINATION OF PEOPLE’S COUNCIL CANDIDATES AND ADJUSTMENT TO PROPORTION, COMPOSITION AND NUMBER OF NOMINATED PEOPLE’S COUNCIL CANDIDATES

Article 50. The first consultative conference

1. Within 95 days before the polling day, the first consultative conference at each administrative level shall be organized by the Standing board of Vietnamese Fatherland Front Committee at the same administrative level. The first consultative conference shall be composed of the Standing board of Vietnamese Fatherland Front Committee, and representatives of the leading boards of the member organizations of the Front. The representatives of Election Commission, Standing body of People’s Council and People's Committee at the same administrative level shall be invited to attend this conference.

2. The first consultative conference of a province or a district shall agree on the proportion, composition and number of the People’s Council candidates nominated by the political organizations, socio-political organizations, social organizations, people's armed units, and State agencies at the same administrative level and public service providers, business organizations, and inferior administrative units in the administrative division.

3. The first consultative conference of a commune shall agree on the proportion, composition and number of the People’s Council candidates nominated by the political organizations, socio-political organizations, social organizations, people's armed units, and State agencies at the same administrative level and public service providers, business organizations, and villages in the administrative division.

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

The minutes of the consultative conference of the province shall be immediately sent to Standing Committee of National Assembly and National Election Commission, the Government, Central committee of Vietnamese Fatherland Front and Standing board of People’s Council, and Election Commission at the same administrative level.

The minutes of the consultative conference of the district and commune shall be immediately sent to Standing board of People’s Council, People’s Committee, Vietnamese Fatherland Front Committee of superior authority and Standing board of People’s Council and Election Commission at the same administrative level.

Article 51. Adjusting proportion, composition and number of People’s Council candidates by the Standing board of People’s Council

1. According to the first consultation results, not later than 90 days before the polling day, Standing board of People’s Council of province and district shall make a Proposition on the proportion, composition and number of the people of the local agencies, organizations and units to be elected as People’s Council deputies.

2. According to the first consultation results, not later than 90 days before the polling day, Standing board of People’s Council of the commune shall make a Proposition on the proportion, composition and number of the people of the local agencies, organizations, units and villages to be elected as People’s Council deputies.

Article 52. Nomination of candidates for the People’s Council election by the local agencies, organizations and units

According to the first consultation results and the Proposition of Standing board of People’s Council and standards applicable to People’s Council deputies, local agencies, organizations and units and villages (for commune level) shall select and nominate People’s Council candidates as follows:

1. The leading body of each political organization, socio-political or social organization shall propose its people to be candidates for the People’s Council election, gather comments from the first conference of electors 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 and nominate the people to stand for the People’s Council election;

2. The leading board of a State agency, a public service provider, or a business organization shall, in coordination with the Executive Committee of the agency’s Trade Union, propose its people to be People’s Council candidate(s), gather comments from the first conference of electors 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 affiliated units to discuss and nominate the agency’s candidate(s) for the People’s Council election;

3. For a unit of the People’s armed forces, its commander shall propose person(s) from the unit to be candidate(s) for the People’s Council election, gather comments from the first conference of electors held in the working place of such person(s). On the basis of these comments, the commander 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 People’s Council election;

4. The Front board in a village shall, in coordination with the Head of the village, propose its people to be People’s Council candidate(s) of the commune, and organize the first conference to discuss and nominate the person(s) to stand for the People’s Council election of the commune.

The nomination of People’s Council candidates of communes in villages shall by prescribed by Standing committee of the National Assembly;

5. The first conference of electors mentioned in this Article shall be conducted in accordance with the provisions of Article 54 of this Law;

6. The central agencies, organizations and units that nominate candidates for the People’s Council election shall transfer the minutes of the first conference of electors and the minutes of the extended conference to Standing board of Central committee of Vietnamese Fatherland Front at the same administrative level.

The Front board shall transfer the minutes of the first conference of electors in village related to discussion and nomination of People’s Council candidates of the commune to the Standing board of Vietnamese Fatherland Front Committee of the commune.

Article 53. The second consultative conference

Within 65 days before the polling day, the second provincial consultative conference at each administrative level shall be organized by the Standing board of Vietnamese Fatherland Front Committee at the same administrative level. The composition of the second consultative conference shall comply with Clause 1 Article 50 of this Law.

2. The second consultative conference shall, on the basis of the standards applicable to the People’s Council deputies, the proportion, composition and number of nominated candidates, draw up a preliminary list of candidates for the People’s Council election and distribute it to the electors in the places of residence and the working place(s) of the nominated and independent candidates for their comments. The conference of electors mentioned in this Article shall be conducted in accordance with the provisions of Article 54 of this Law;

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

The minutes of the consultative conference of the province shall be immediately sent to Standing Committee of National Assembly, National Election Commission, the Government, Central committee of Vietnamese Fatherland Front and Standing board of People’s Council and Election Commission at the same administrative level.

The minutes of the consultative conference of the district and commune shall be immediately sent to Standing board of People’s Council, People’s Committee, Vietnamese Fatherland Front Committee of superior authority and Standing board of People’s Council and Election Commission at the same administrative level.

Article 54. The first conference of electors

1. The first conference of electors in a commune organized in each village shall be convened and chaired jointly by the Standing Board of the Vietnamese Fatherland Front Committee of such village and the People’s Committee at the same administrative level.

2. The first conference of electors in a political, socio-political or social organization, business organization or public service provider shall be convened and chaired jointly by the Executive Committee of the Trade Union of the agency. The first conference of electors in a People’s armed force unit is the conference of the military personnel convened and chaired by the commander of the unit.

3. The People’s Council candidates, representatives of their agencies, organizations units and the village shall be invited to attend this conference.

4. At the first conferences, the electors shall make their comments on the basis of the standards applicable to People’s Council 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.

5. The minutes of the first conference of electors to collect comments on People’s Council candidates must clearly state the composition and number of the participants, the process and results of this conference. The minutes of the first conference of electors to collect comments on People’s Council candidates shall be sent to Standing board of Vietnamese Fatherland Front Committee at the same administrative level for the third consultative conference.

6. Standing Committee of the National Assembly shall provide guidance on organization of the first conference of electors prescribed in this Article.

Article 55. Verifying and answering the electors’ questions relating to the candidates for the People’s Council election

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 Vietnamese fatherland Front Committee at the same administrative level.

If the candidate is the head of the agency, organization or unit, the superior agency shall be responsible for verifying and making a reply. If the agency, organization or unit does not have any superior 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 working place, the agency, organization or unit directly managing the candidate shall, in coordination with the People’s Committee of the commune, be responsible for verifying and making a written reply to the Standing Board of Vietnamese fatherland Front Committee at the same administrative level.

3. For an independent candidate, the Election Commission shall, in coordination with the agency, organization or unit directly managing such candidate or the People’s Committee of the commune where he/she resides, verify and make a written reply to the Standing Board of Vietnamese Fatherland Front Committee of at the same administrative level.

4. Not later than 40 days before the polling day, the verification and reply to the electors’ questions relating to the candidates for People’s Council election prescribed in this Article must be completed.

Article 56. The third consultative conference

1. Within 35 days before the polling day, the third provincial consultative conference at each level shall be organized by the Standing board of Vietnamese Fatherland Front Committee at the same administrative level. The composition of the third consultative conference shall comply with Clause 1 Article 50 of this Law.

2. The third consultative conference shall, on the basis of the standards applicable to the People’s Council deputies, the proportion, composition and number of nominated candidates and electors’ comments, draw up a preliminary list of candidates for the People’s Council election.

3. The minutes of the third consultative conference must clearly state the composition and number of the participants, the process and results of this conference.

The minutes of the consultative conference of the province shall be immediately sent to Standing Committee of National Assembly, National Election Commission, the Government, Central committee of Vietnamese Fatherland Front and Standing board of People’s Council and Election Commission at the same administrative level.

The minutes of the consultative conference of the district and commune shall be immediately sent to Standing board of People’s Council, People’s Committee, Vietnamese Fatherland Front Committee of superior authority and Standing board of People’s Council and Election Commission at the same administrative level.

Section 4. LIST OF CANDIDATES

Article 57. List of candidates for the National Assembly election

1. Within 30 days before the polling day, the Standing Board of Central Committee of Vietnamese Fatherland Front shall send to the Election Council the minutes of the third consultative conference and the list of qualified National Assembly candidates nominated by the Presidium of the Central Committee of Vietnamese Fatherland Front.

2. Within 30 days before the polling day, the Standing Board of Vietnamese Fatherland Front Committee of a province shall send to the Election Committee of province the minutes of the third consultative conference and the list of qualified National Assembly candidates nominated by the Fatherland Front Committee of such province.

3. According to the list of qualified candidates nominated by the Presidium of the Central Committee of Vietnamese Fatherland Front, National Election Commission shall send to each Election Committee of province a list of nominated candidates in such province.

4. Within 25 days before the polling day, National Election Commission shall draw up and announce the list of candidates for each constituency in the whole country according to the list sent by the Standing Board of Central Committee of Vietnamese Fatherland Front and the Election Commissions.

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

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

6. The number of National Assembly candidates in the list for each constituency must be at least two people greater than the number of deputies to be elected therein. If there is any vacancy of a National Assembly candidate in a constituency due to force majeure event, National Election Commission shall consider making decision.

7. Within 20 days before the polling day, Election Commission of the province shall announce the list of National Assembly candidates in such province as decided by National Election Commission.

Article 58. List of candidates for the People’s Council election

1. Within 30 days before the polling day, the Standing Board of Vietnamese Fatherland Front Committee of the province shall send the minutes of the third consultative conference and the list of qualified People’s Council candidates to National Election Commission, Standing committee of the National Assembly, the Government, Central Commission of Vietnamese Fatherland Front and Standing board of People’s Council and Election Commission at the same administrative level; the Standing Board of Vietnamese Fatherland Front Committee of the district or commune shall send the minutes of the third consultative conference and the list of qualified People’s Council candidates to Standing board of superior People’s Council, People’s Committee, Vietnamese Fatherland Front Committee and Standing board of People’s Council, Election Commission at the same administrative level.

2. Within 25 days before the polling day, Election Commission shall draw up and announce the official list of People’s Council candidates for each constituency.

The official list of People’s Council candidates shall be drawn up as prescribed in Clause 5 Article 57 of this Law.

3. The number of National Assembly candidates in the list for each constituency must be greater than the number of deputies to be elected therein; if the constituency has three deputies to be elected, the number of candidates in the list must be at least two people greater than the number of deputies to be elected therein; if the constituency has at least four deputies to be elected, the number of candidates in the list must be at least three people greater than the number of deputies to be elected therein. If there is any vacancy of a People’s Council candidate in a constituency due to force majeure event, National Election Commission shall provide guidance.

Article 59. Posting the list of candidates

Within 20 days before the polling day, each Election Team must post the official list of National Assembly and People’s Council candidates in the polling station.

Article 60. Crossing out the candidates’ names from the lists of National Assembly and People’s Council candidates

1. If any person, who has his/her name included in the official list of National Assembly candidates announced by National Election Commission, is prosecuted for penal liability, arrested for offenses with evidence, incapable of civil acts, dies, or commit serious violations against law on voting before the voting time, National Election Commission shall cross their name from the list of National Assembly candidates.

2. If any person, who has his/her name included in the official list of People’s Council candidates announced by the Election Commission, is prosecuted for penal liability, arrested for offenses with evidence, incapable of civil acts, dies, or commit serious violations against law on voting before the voting time, National Election Commission and Standing board of Vietnamese Fatherland Front Committee at the same administrative level shall jointly cross their name from the list of People’s Council candidates.

Article 61. Complaints and denunciations of candidates and lists of candidates

1. Every citizen is entitled to lodge denunciations of candidates, make complaints, denunciations or petitions against errors in the listings of candidates. The complaints, denunciations or petitions shall be lodged as follows:

a) The complaints, denunciations or petitions related to National Assembly candidates, listings of National Assembly candidates shall be sent to Election Boards of National Assembly deputies, Election Commissions of provinces and National Election Commission. If the complainant, denouncer or petitioner disagrees with the settlement by the Election Board or the Election Commission, he/she shall be entitled to lodge a complaint to National Election Commission. The decision of National Election Commission shall be the final decision;

b) The complaints, denunciations or petitions related to People’s Council candidates, listings of People’s Council candidates shall be sent to Election Boards of People’s Council deputies at the same administrative level. If the complainant, denouncer or petitioner disagrees with the settlement by the Election Board, he/she shall be entitled to lodge a complaint to the Election Commission at the same administrative level. The decision of the Election Commission shall be the final decision;

c) The Election Board, the Election Commission or the National Election Commission shall keep record and settle such complaints, denunciations and petitions according to their competence.

2. Within 10 days before the polling day, National Election Commission, Election Commissions and the Election Boards shall stop considering and settling all complaints, denunciations and petitions relating to the candidates and the listings of candidates.

If a complaint or denunciations has obvious evidence to conclude that a candidate does not satisfy standards applicable to the National Assembly or People’s Council deputy, National Election Commission (for National Assembly election) or Election Commission at the equivalent administrative level (for People’s Council election) shall decide to cross out the candidate’s name from the official list of candidates before the polling day and send notification to electors.

3. Any letter of denunciations without the denouncer’s full name or under impersonation shall not be settled.

4. National Election Commission, Election Commissions of provinces, districts and communes shall transfer all documents on complaints and denunciations without settlement to Standing Committee of the National Assembly (for National Assembly election) or Standing boards of new People’s Councils at the same administrative level (for People’s Council election) for continuous settlement within their competence.