Resolution No. 1187/NQ-UBTVQH14 guiding the determination of the proposed structure, composition, and allocation of the number of persons to be nominated for election as representatives of People's Councils at all levels for the 2021-2026 term.

RESOLUTION

GUIDELINES FOR DETERMINING THE PROJECTED STRUCTURE, COMPOSITION, AND ALLOCATION OF THE NUMBER OF PERSONS TO BE NOMINATED

 FOR CANDIDATES FOR MEMBERS OF PEOPLE'S COUNCILS AT ALL LEVELS FOR THE 2026-2031 TERM

nomination for representatives to People's Councils at all levels for the 2021-2026 term

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THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY

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

Pursuant to the Law on Organization of Local Administration No. 77/2015/QH13, as amended and supplemented by Law No. 21/2017/QH14 and Law No. 47/2019/QH14;

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

Pursuant to Resolution No. 119/2020/QH14 dated June 19, 2020 of the National Assembly on Pilot Implementation of Urban Administration Models and Certain Special Mechanisms and Policies for the Development of Da Nang City;

Pursuant to Resolution No. 131/2020/QH14 dated November 16, 2020 of the National Assembly on Organization of Urban Administration in Ho Chi Minh City;

Pursuant to Resolution No. 133/2020/QH14 dated November 17, 2020 of the National Assembly on the Date of Election of Members of the 15th National Assembly and Representatives to People's Councils at All Levels for the 2021-2026 Term;

Considering the proposal of the Government at Report No. 613/TTr-CP dated December 5, 2020 and Report No. 01/BC-CP dated January 5, 2021; Report No. 3711/BC-UBPL14 dated December 9, 2020 and Report No. 3776/BC-UBPL14 dated January 7, 2021 of the Committee for Legal Affairs on the adoption and revision of the draft Resolution;

RESOLUTION:

Article 1. The number of representatives to People's Councils at all levels for the 2021-2026 term

1. The determination of the number of representatives to be elected in each administrative unit shall be based on the provisions of the Law on the Organization of Local Administration and the following bases:

a) The population of each administrative unit serving as the basis for determining the number of representatives to be elected shall be determined according to the latest population statistics published by the provincial statistical agency up to December 31, 2020;

b) The determination of mountainous, highland, and island administrative units serving as the basis for determining the number of representatives to be elected shall be based on valid legal documents issued by competent state agencies.

The Ministry of Home Affairs shall take the lead, in coordination with the Ethnic Minority Committee and relevant agencies, to review and compile valid legal documents issued by competent state agencies to determine mountainous, highland, and island administrative units and publish them on the website of the National Election Council (http://hoidongbaucu.quochoi.vn) no later than February 1, 2021.

2. The determination of the number of full-time representatives to People's Councils in each administrative unit shall be based on the provisions of the Law on the Organization of Local Administration, Resolution No. 119/2020/QH14 dated June 19, 2020 of the National Assembly on Pilot Implementation of Urban Administration Models and Certain Special Mechanisms and Policies for the Development of Da Nang City, and Resolution No. 131/2020/QH14 dated November 16, 2020 of the National Assembly on Organization of Urban Administration in Ho Chi Minh City:

a) For the provincial level, the maximum number of full-time representatives to People's Councils holding the positions of Chairman and Vice Chairmen of the People's Council is two persons; the maximum number of full-time representatives to People's Councils holding the positions of Head and Deputy Head of each Committee of the People's Council is two persons, except as provided in point b of this clause;

b) For Ho Chi Minh City, the maximum number of full-time representatives to People's Councils holding the positions of Chairman and Vice Chairmen of the City People's Council is three persons; the maximum number of full-time representatives to People's Councils holding the positions of Head, Deputy Head, and Member of each Committee of the City People's Council is four persons.

For Da Nang City, the maximum number of full-time representatives to People's Councils holding the positions of Chairman and Vice Chairmen of the City People's Council is two persons; the maximum number of full-time representatives to People's Councils holding the positions of Head and Deputy Head of each Committee of the City People's Council is three persons;

c) For the district level, the maximum number of full-time representatives to People's Councils holding the positions of Chairman and Vice Chairmen of the District People's Council is two persons; the maximum number of full-time representatives to People's Councils holding the positions of Head and Deputy Head of each Committee of the District People's Council is two persons;

d) For the commune level, the maximum number of full-time representatives to People's Councils holding the position of Vice Chairman of the Commune People's Council is one person.

Article 2. Structure, composition, and allocation of the number of persons to be nominated for election as representatives of People's Councils at all levels for the 2021-2026 term

1. Based on the number of People's Council representatives to be elected, the principle regarding the surplus when compiling the list of candidates for People's Council representatives as stipulated in Clause 3, Article 58 of the Law on Election of Members of the National Assembly and People's Council Representatives, the Standing Body of the People's Councils at provincial and district levels shall, after reaching consensus with the Standing Committee of the Vietnam Fatherland Front Committee and the People's Committee at the same level, propose specifically the structure, composition, and allocation of the number of persons from political organizations, socio-political organizations, social organizations, military units, state agencies at their own level and subordinate administrative units, public institutions, economic organizations within their jurisdiction to be nominated as candidates for People's Council representatives at their own administrative unit.

2. Based on the number of People's Council representatives to be elected, the principle regarding the surplus when compiling the list of candidates for People's Council representatives as stipulated in Clause 3, Article 58 of the Law on Election of Members of the National Assembly and People's Council Representatives, the Standing Body of the People's Councils at commune levels shall, after reaching consensus with the Standing Committee of the Vietnam Fatherland Front Committee and the People's Committee at the same level, propose specifically the structure, composition, and allocation of the number of persons from political organizations, socio-political organizations, social organizations, military units, state agencies at their own level and villages, residential wards, public institutions, economic organizations within their jurisdiction to be nominated as candidates for People's Council representatives at their own administrative unit.

3. The proposal of the structure, composition, and allocation of the number of persons to be nominated as candidates for People's Council representatives at each administrative unit must ensure democracy, fairness, objectivity, transparency; emphasize quality, selecting representatives who are outstanding in character, morality, reputation, and intellect; while ensuring a reasonable structure among political organizations, socio-political organizations, social organizations, military units, state agencies at their own level and subordinate administrative units (for provincial and district levels), villages, residential wards (for commune levels), public institutions, economic organizations within their jurisdiction; having representatives from various social strata, professions, religions, age groups, and meeting the following requirements:

a) Ensuring that at least 35% of the total number of persons in the official list of candidates for People's Council representatives are women; striving for the proportion of women elected to be approximately 30% of the total number of People's Council representatives;

b) Ensuring a reasonable proportion of persons in the official list of those nominated as candidates for People's Council representatives who are ethnic minorities, consistent with the characteristics and population structure of each locality. Paying attention to ethnic minorities that have not participated in the activities of the People's Councils in many terms;

c) Striving to achieve a ratio of persons nominated as candidates for People's Council representatives who are non-Party members not lower than 10% of the total number of persons nominated as candidates for People's Council representatives;

d) Striving to achieve a ratio of persons nominated as candidates for People's Council representatives who are young representatives (under 40 years old) not lower than 15% of the total number of persons nominated as candidates for People's Council representatives;

đ) Striving to achieve a ratio of at least 30% of People's Council representatives in the 2016-2021 term re-elected as People's Council representatives in the 2021-2026 term at each level;

e) Reducing the ratio of persons nominated as candidates for People's Council representatives working in state management agencies compared to the 2016-2021 term;

g) The allocation of persons nominated as candidates for People's Council representatives in the 2021-2026 term in each electoral unit must ensure fairness and equality; ensuring a reasonable correlation with the population ratio between subordinate administrative units, between villages, residential wards;

Article 3. Implementation Provisions

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

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

3. The Ethnic Minority Committee, the Committees of the National Assembly, and the Delegations of the National Assembly of provinces and centrally-administered cities, within the scope of their duties and powers, supervise the implementation of this Resolution.