Resolution No. 1132/NQ-UBTVQH13 guiding the determination of the proposed structure, composition, and allocation of the number of persons to be introduced as candidates for People's Council representatives at all levels for the 2016-2021 term.

RESOLUTION

Guidelines for determining the proposed structure, composition, and allocation of the number of individuals to be introduced as candidates for People's Council representatives at all levelsterm 2016-2021

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THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY

SOCIALIST REPUBLIC OF VIET NAM

On the basis of the Constitution of the Socialist Republic of Vietnam;

Pursuant to the Law on the Organization of the National Assembly No. 57/2014/QH13;

Pursuant to the Law on Elections of National Assembly Deputies and People's Council Members No. 85/2015/QH13;

WHEREAS, the Law on Local Administration No. 77/2015/QH13;

Considering the proposal of the Government at the Report No. 05/TTr-CP dated January 12, 2016.

RESOLUTION:

Article 1. Determining the proposed structure, composition, and allocation of the number of individuals to be introduced as candidates for People's Council representatives

1. The determination of the number of People's Council representatives to be elected in each administrative unit shall be based on the provisions of Articles 18, 25, 32, 39, 46, 53, 60, and 67 of the Law on the Organization of Local Administration and the population figures of each administrative unit as of December 31, 2015, as published by the General Statistics Office.

Based on the number of People's Council representatives elected, the principle regarding the guarantee of surplus when compiling the list of People's Council representative candidates as stipulated in Clause 3, Article 58 of the Law on the Election of National Assembly Deputies and People's Council Representatives, the Standing Body of the People's Council will propose the total number of individuals to be introduced as candidates for People's Council representatives in their respective administrative units.

2. Based on the specific circumstances of each administrative unit, on the basis of the total number of individuals to be introduced as candidates for People's Council representatives, after reaching consensus with the Standing Committee of the Vietnam Fatherland Front and the People's Committee at the same level, the Standing Body of the People's Councils at all levels will propose the structure, composition, and reasonable allocation of the number of individuals from political organizations, political-social organizations, social organizations, people's armed forces units, state agencies at their own level and lower-level administrative units (for provincial and district levels), villages, and residential wards (for commune levels), public institutions, and economic organizations within their jurisdiction to be introduced as candidates for People's Council representatives at their own level.

3. The determination of the proposed structure, composition, and allocation of the number of individuals to be introduced as candidates for People's Council representatives in each administrative unit must ensure the following criteria:

a) Ensuring that at least 35% of the total number of individuals in the official list of People's Council representative candidates are women;

b) Ensuring a reasonable number of individuals to be introduced as People's Council representative candidates who are ethnic minorities, consistent with the characteristics and population structure of each locality; striving for the number of People's Council representatives elected who are ethnic minorities not to be less than the number of People's Council representatives in the 2011-2016 term who were ethnic minorities in the same administrative unit;

c) Striving to achieve a ratio of individuals to be introduced as People's Council representative candidates who are non-Party members not less than 10%; individuals to be introduced as People's Council representative candidates who are under 35 years old not less than 15% of the total number of individuals to be introduced as People's Council representative candidates at each level;

d) Striving to have at least 30% of People's Council representatives in the previous term re-elected as People's Council representatives in the 2016-2021 term;

đ) The allocation of the number of individuals to be introduced as candidates in lower-level administrative units, villages, and residential wards must ensure a reasonable demographic proportion among these units.

4. The allocation of individuals to be introduced as candidates for People's Council representatives to serve as full-time People's Council representatives shall be carried out based on the specific circumstances of the locality and must ensure the number of full-time People's Council representatives according to the provisions of the Law on the Organization of Local Administration, specifically as follows:

a) At the provincial level, the Chairman of the People's Council may be a full-time People's Council representative; two Vice Chairmen of the People's Council are full-time People's Council representatives; each Committee of the Provincial People's Council has at least two full-time People's Council representatives;

b) At the district level, the Chairman of the People's Council may be a full-time People's Council representative; two Vice Chairmen of the People's Council are full-time People's Council representatives; each Committee of the District People's Council has at least one full-time People's Council representative;

c) At the commune level, one Vice Chairman of the People's Council serves as a full-time People's Council representative.

Article 2. Determining the anticipated structure, composition, and allocation of the number of individuals proposed for candidacy as representatives to the People's Council at the district, town, and commune levels implementing the pilot program without organizing a People's Council.

In the organization of elections at districts, towns, and communes implementing the pilot program without organizing a People's Council at the district, town, and commune levels pursuant to Resolution No. 26/2008/QH12 of the National Assembly, Resolutions No. 724/2009/UBTVQH12 and No. 725/2009/UBTVQH12 of the Standing Committee of the National Assembly, the Provincial People's Council Standing Committee shall supervise the election process in accordance with the Law on Election of Deputies to the National Assembly and Members of the People's Councils, other relevant legal documents, and perform the following tasks and powers based on the proposal of the provincial People's Committee, taking into account the opinions of the district, town, and commune People's Committees concerned:

1. Anticipating the structure, composition, and allocation of the number of candidates for representatives to the People's Councils at the district, town, and commune levels implementing the pilot program without organizing a People's Council.

2. Adjusting the structure, composition, and number of individuals from agencies, organizations, and units at the district, town, and commune levels proposed for candidacy as representatives to the corresponding level People's Council.

Article 3. Implementation Provisions

1. This Resolution takes effect from the date of issuance.

2. The Government, People's Councils, People's Committees, the United Front Organizations' Standing Committee of Vietnam Fatherland Front at the provincial, district, commune levels, and related agencies and organizations are responsible for enforcing this Resolution.