Resolution No. 1132/UBTVQH13 guiding the determination of the anticipated structure, composition, and allocation of the number of persons proposed for candidacy as representatives of People's Councils at all levels for the 2016-2021 term.

RESOLUTION

GUIDELINES FOR DETERMINING THE PROJECTED STRUCTURE, COMPOSITION AND ALLOCATION OF THE NUMBER OF PERSONS TO BE NOMINATED AS CANDIDATES FOR DEPUTIES OF PEOPLE'S COUNCILS AT ALL LEVELS FOR THE 2016-2021 TERM

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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 projected structure, composition, and allocation of the number of persons to be nominated as candidates for deputies of People's Councils

1. The determination of the number of deputies of People's Councils 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 State Administration and the population of each administrative unit as of December 31, 2015 according to data published by the General Statistics Office. Based on the number of deputies of People's Councils to be elected, the principle regarding the surplus number when compiling the list of candidates for deputies of People's Councils stipulated in Clause 3, Article 58 of the Law on the Election of Deputies to the National Assembly and Deputies to People's Councils, the Standing Body of the People's Council shall project the total number of persons to be nominated as candidates for deputies of People's Councils in their administrative units.

2. Based on the specific situation of each administrative unit, on the basis of the total number of persons to be nominated as candidates for deputies of People's Councils, after reaching consensus with the Standing Committee of the Vietnam Fatherland Front Committee and the People's Committee at the same level, the Standing Bodies of People's Councils at all levels shall project the structure, composition, and reasonable allocation of the number of persons 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 level), public institutions, and economic organizations in the area to be nominated as candidates for deputies of People's Councils at their own level.

3. The determination of the projected structure, composition, and allocation of the number of persons to be nominated as candidates for deputies of People's Councils in each administrative unit must ensure the following criteria:

a) Ensuring that at least 35% of the total number of persons in the official list of candidates for deputies of People's Councils are women;

b) Ensuring a reasonable number of persons to be nominated as candidates for deputies of People's Councils who are ethnic minorities, appropriate to the characteristics and demographic structure of each locality; striving for the number of deputies of People's Councils elected as ethnic minorities not to be lower than the number of deputies of People's Councils in the 2011-2016 term who were ethnic minorities in that administrative unit;

c) Striving to achieve a ratio of persons to be nominated as candidates for deputies of People's Councils who are non-party members not less than 10%; persons to be nominated as candidates for deputies of People's Councils who are under 35 years old not less than 15% of the total number of persons to be nominated as candidates for deputies of People's Councils at each level;

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

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

4. The allocation of persons to be nominated as candidates for deputies of People's Councils to serve as full-time deputies of People's Councils shall be carried out based on the specific situation of the locality and must ensure the number of full-time deputies of People's Councils as prescribed by the Law on the Organization of Local State Administration, specifically as follows:

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

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

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

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

In organizing elections in districts, towns, and wards implementing the pilot program without establishing a People's Council at the district, town, and ward 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 Body shall supervise the election process in accordance with the Law on the Election of Deputies to the National Assembly and People's Council Representatives, 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 ward People's Committees concerned:

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

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

Article 3. Implementation Provisions

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

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