Improving the election law in Vietnam

- Renovating the proposed structure and composition of candidates to be nominated, raising the opportunity of women and ethnic minority candidates to stand for election: From a new pers[r]

Institute of Legislative Studies, Vietnam

Professor Phan Trung Ly

Saigon International University, Vietnam

Abstract

The Election Law is an integral part of the constitution law In each country, the Election Law has its own characteristics without a common electoral model Even the Nation’s Election Law has also changed from time to time The Election Law in Vietnam can be divided into three stages with different characteristics, reflecting the Party’s views, the Vietnamese State’s policies

on the People’s power, the democracy practice mechanism and the requirements to build and to improve the State apparatus Since 1992, the Election Law has gradually changed fundamentally

in response to the demands of domestic political and legal practice and international integration The enactment and adoption of the 2013 Constitution and the Election Law 2015 marked a new milestone in the development of the Election Law, showed a new and deeper spirit and awareness

of human rights, the civil rights, the People’s sovereignty, the democracy and democratic practice mechanism, building the socialist rule of law State of the People, by the People and for the People However, the Election Law still has limitations and shortcomings before the profound changes in socio-political life after more than 30 years of conducting the Doi Moi (Reforms).

Keywords: Constitutional Law, Election Law, people’s sovereignty, rule of law state

1 Overview of the development process of election law in Vietnam

The stages of formation and development of the Election Law in Vietnam are divided according

to each historical period

The period of 1945 - 1954: Immediately after the success of the Revolution, Vietnam has reached

its independence (1945), held the elections to exercise the People’s sovereignty, and building the State apparatus is considered as an urgent task1 The President Ho Chi Minh signed and promulgated the Ordinance No 51/SL dated October 17, 1945 on the General Election Regulation and the Ordinance No.63/SL dated November 23, 1945 on organizing the People’s administration in the localities in order to build the foundation for the formation of the Election Law system in Vietnam The Election Law during this period reflects the typical characteristics of the People’s democratic political system The elections were held according to the widely accepted progressive principles The rights to elect or vote and stand for election are guaranteed The public election processes, and procedures were transparent and competitive The First General Election (1946) that elected the First National

1 Phan Van Ngoc, Innovating the current National Assembly election mode in Vietnam, Doctoral thesis (2018) 70.

Assembly was truly a free and democratic election, reaching the progressive electoral standards of contemporary democracies2 is a mark of democracy in Vietnam3 The later progressive criteria and principles are enshrined in the 1946 Constitution

The period of 1954-1986: The Election Law is deeply influenced by the context of Vietnam’s

history, which is divided into the two South - North regions, the Vietnamese people built the Socialism

in the North, and participated in the struggle to the South revolution After the reunification (1975), Vietnam went up to build the Socialism on a national scale The provisions of election were recorded

in the 1959 Constitution, the 1980 Constitution, the Election Law of National Assembly Deputies

1959 and 1980, the Ordinance on Election of People’s Councils Deputies (the People’s Council)

1961, the Election Law of People’s Councils Deputies 1983 The Election Law during this period deeply reflects the views of practicing the collective ownership mechanism of the labourers, building

a strong centralized State apparatus in the context of war, exercising dictatorship of the proletariat

in the class struggle The model of election in the socialist countries (the socialist) was gradually being absorbed and applied to replace the electoral regime formed after the August Revolution The right of election has certain limits4, and election is both a right and an obligation of citizens The introduction of candidates was made through negotiation officially applied under the Election Law

1980, the right to self-nominate was not directly recognized, and the election was not competitive The electoral mechanism had revealed many inadequacies, limitations, and failure to deliver the People’s mastery, which is one of the causes leading to the stagnation, bureaucracy and inefficiency of the State apparatus in the context of the unification of the country and going up to build the Socialism

From 1986 to now: Vietnam carries out the comprehensive renovation of the country under the

leadership of the Communist Party Facing new requirements of political-legal life and international integration, the Election Law has been gradually amended, supplemented and improved in accordance with the requirement of building a rule-of-law State and promoting democracy of the Socialism The

1992 Constitution is passed, the new election laws are amended and supplemented, including the 1992 Election Law of the National Assembly Deputies (amended in 2001), the Election Law of the People’s Councils in 1994 and 2003, and the Law of amendment and supplement of some articles of the Election Law of the National Assembly Deputies and the Election Law of Deputies to the People’s Councils

in 2010, which has contributed to improving the election law system The right to elect and stand for election has gradually respected, the citizens are entitled to self-nominate The election process and procedures have gradually improved in the direction of competition, democracy, and progress shown

in the negotiation process, introducing candidates, organizing electoral units, increasing the exceeding

of candidates, reducing the number of elected deputies, campaigning, election management, etc The amendments and supplements to the Election Law contribute to expanding democracy, renovating organization, improving operational quality of the National Assembly of Vietnam in recent terms

1 Vu Van Nhiem, Electoral regime in our country – Theoritical and practical issues, Doctoral thesis (2009) 75.

2 Phung Nguyen, ‘Untold stories about the General Election 1946 - Part 2’ (Tienphong Online, 17 May 2007) <https://

www.tienphong.vn/xa-hoi-phong-su/nhung-chuyen-it-biet-ve-tong-tuyen-cu-1946-ky-2-84349.tpo> accessed 1 Oct 2019.

3 Truong Dac Linh, ‘The first National General Elections in 1946: a truly free, truly democratic election in Vietnam’ in Legislative Studies No.3/2007 (2007) 5,7

4 Circular No 57-TTg of March 4, 1960; Circular No 94-TTg of April 12, 1960; Circular No 20-TTg of February 28, 1964; and Circular 328-TTg of December 31, 1974 of the Prime Minister.

In 2013, the National Assembly promulgates a new Constitution, which is considered to be the Constitution of the comprehensive renovation period of the country Furthermore, the National

Assembly promulgates the Election Law 2015 on the basis of merging the Election Law of the National Assembly Deputies and the Election Law of the People’s Councils Deputies marking a new development step of the Election Law in the spirit of full and deeper awareness of the People’s

sovereignty, the practice on democracy and building a socialist rule of law State, and fulfilment of

Vietnam’s commitments in the integration process The election is considered a direct democracy

form1,2; the right to elect is a content belonging to the group of human rights3,4 The electoral management is initially improved according to generally recognized criteria and standards

2 Important election reforms under the 2013 Constitution, the 2015 Election Law and the current limitations and inadequacies of the Election Law in Vietnam

2.1 Important election reforms under the 2013 Constitution and the 2015 Election Law

The 2013 Constitution stipulates directly the right to elect and stand for election as a basic political

right of citizens; stipulating that the National Election Commission is an independent constitutional

agency, which is responsible for organizing the election of the National Assembly Deputies, directing

and guiding the election of deputies to the People’s Councils; the provisions for recognition, respect,

protection and assurance of human rights and civil rights; etc The 2013 Constitution also affirms

Vietnam’s commitment to comply with the United Nations Charter and Treaties which Vietnam is a

member

The new content and spirit of the 2013 Constitution of the People’s power, democracy and the rule of law State are the constitutional basis for the enactment of the 2015 Election Law, the

actual implementation of the 14th National Assembly Deputies election and Deputies of the People’s

Councils of the term of 2016 - 2021 with the following content of renovation and basic improvement:

- Regarding the guarantee of citizens’ right to vote and stand for election: Prescribing the right

to vote and standing for election together with the law of restricting the right to vote and stand for

election is a new step in legal thinking The 2015 Election Law prescribes the right to vote and stand

for election on the constitutional principle of respect, protection and assurance of human and civil

rights in accordance with the content of the relevant international conventions that Vietnam signs or

participates in The right to vote is extended to voters who are being held in custody or temporary

detention and prescribed in the Election Law to ensure full and direct implementation in reality (Article 29) The 2015 Election Law also indirectly asserts that the person who is serving a prison

sentence and is entitled to a suspended sentence has the right to vote The cases of limitation of the

right to vote and stand for election are fully prescribed in the Election Law instead of the provisions

1 Phan Trung Ly, Dang Xuan Phuong, Building and refining the machenism for the people to exercise the state powers

through direct democracy- Theoritical and practical foundation (The National Political Publishing House, Hanoi

2017) 82-84.

2 Dao Tri Uc, ‘The 2013 Constitution of the Socialist Republic of Vietname and the issues of improving the direct

democracy and grassroot democracy in Vietnam’ in Workshop proceeding ‘Some theoretical and practical issues on

direct democracy and grassroot democracy in the world and Vietnam’ (Hanoi National University Publishing House,

Hanoi 2014) 36.

3 Jesús Orozco-Henríquez, ‘Electoral Justice: The International IDEA Handbook’ (2010) 12.

4 Phan Van Ngoc (2018) 37.

in the enforcement guidelines More specifically, the voting in other places to ensure voters’ right to vote when changing residence address (Article 30) In fact, the exercise of the right to vote on the principle of freedom that is initially received right consciousness as per the point of view is the right, and the political responsibility of the citizens and not the obligation

- Renovating the proposed structure and composition of candidates to be nominated, raising the opportunity of women and ethnic minority candidates to stand for election: From a new perspective,

awareness of the People’s power, upholding the will of the People in the election, the 2015 Election Law supplements a new provision on the Standing Committee of the National Assembly, the Standing Committee of the People’s Councils to expect the number of people of agencies, organizations and units introduced to stand for election This provision initially establishes a legal basis for the People

to have more and more opportunities and conditions to decide on the structure and composition of deputies in the elected bodies The 2015 Election Law has amended and supplemented to strongly promote the implementation of equality policies, ensure the proportion of ethnic minorities and women deputies in elected bodies Accordingly, the law stipulates a minimum rate of 35% of the women candidates in the official list of candidates for the National Assembly Deputies and the People’s Councils Deputies; At least 18% of the candidates are ethnic minorities in the official list

of candidates for the National Assembly Deputies In the 14th National Assembly Deputies Election (2016), the number of candidates and elected persons for the National Assembly deputies are women and ethnic minorities in significant increase compared to the previous term1, thereby to promote the implementation of the national strategy and Vietnam’s commitment to gender equality

- Specific provisions on the candidates exceeding to ensure consistency in the practical application, contributing to increasing the election competition: toncrease the number of candidates, reduce the

number of elected deputies to increase the competitiveness, and facilitate for voters to select deputies that have been implemented since the 8th National Assembly Deputies Election (1987) However, the election laws just stop at the general provisions with principles leading to inconsistencies in the practical application The 2015 Election Law has been legislated for the first time, specifying the number of elected deputies and the candidates exceeding Each election unit of the National Assembly Deputies is allowed to elect no more than 3 deputies; the election unit of the People’s Councils Deputies is elected

to have no more than 5 deputies (Article 10) The number of persons on the list of candidates for each election unit that must be more than the number of elected deputies is at least 2 persons (Article 57) The number of people on the list of candidates for the People’s Councils Deputies at each election unit must be more than the number of elected deputies in the election unit; if the election unit is allowed

to elect 3 deputies, the number of candidates that must be more than the number of elected deputies at least 2 persons; if the election unit is elected with 4 or more deputies, the number of candidates that must be more than the number of deputies at least 3 persons (Article 58)

- Regulations for the establishment of the National Election Commission to contribute to improving the effectiveness of election management: The 2013 Constitution in the first time provides

for the National Election Commission as an independent constitutional institution established by the National Assembly, with the responsibility to organize elections for the National Assembly Deputies, direct and guide the election of People’s Councils Deputies at all levels The National Electoral

1 National Election Council, Summary of the election of National Assembly deputies XIV and delegates of the People’s Council at all levels for the term 2016-2021 (Report No.695/BC-HDBCQG, 19 July 2016).

Commission consists of the President, Vice Presidents and Members The specific organization,

duties and powers of the National Election Commission are prescribed by the law

To specify this provision, the 2015 election law provides an item on the National Election Commission Accordingly, the National Election Commission has from 15 to 21 members representing

the stakeholders The President of the National Election Commission is elected, dismissed or removed

by the National Assembly at the request of the Standing Committee of the National Assembly The Vice

Presidents and Members are approved by the National Assembly on the proposal of the President of

the National Election Commission The 2015 Election Law also stipulates that the National Election

Commission operates in a collective manner, decision-making by majority and with the responsibility

for reporting performance The National Election Commission has 10 specific tasks and powers in

organizing the election of the National Assembly deputies and 4 tasks and powers in directing and

guiding the election of the People’s Councils Deputies at all levels Some tasks related to the past

election of the National Assembly Deputies are under the authority of the National Assembly, and the

Standing Committee of the National Assembly is assigned to the National Election Commission to

perform The manner and authority to establish the National Election Commission, the tasks, powers

and working relationship have been improved compared to the previous Central Election Commission,

are creating a more independent legal standing for the National Election Commission, are a condition

to enhance the objectivity, publicity and transparency in election management

In addition to the above-mentioned basic contents, the 2015 Election Law and the practice of

organizing the National Assembly Deputies Elections has been amended, supplemented and improved

appropriately to continue renewing the electoral regime in Vietnam as a basis of guarantee of publicity,

and transparency of the tallying process; the regulations on election campaigning principles and prohibited acts in election campaigning; ensuring voters’ right to vote when changing their places of

residence; the responsibilities of the voters in elections; etc

2.2 Restrictions and shortcomings in the Election Law of Vietnam today

The 2015 Election Law has initially set out to specify new contents related to elections in the

2013 Constitution In addition to the newly added points, the current Election Law has limitations,

shortcomings before the request to expand democracy, wide practice of democracy and building a

socialist rule of law State of Vietnam:

- Regarding the right to vote and exercise the right to vote: The law recognizes and prescribes

very widely the right to vote, but so far there has been no solution to ensure the right to vote for

Vietnamese citizens abroad The right to dismiss deputies is also a right to vote in wide meaning,

but regulating without specific aspect so it is difficult to implement in practice The provisions on

additional and the supplement voting right to ensure voters’ right to represent are not feasible In

addition, the fact that the situation of voting instead of/for others or replacement voting, and lack

of information on candidates have led to emotional voting which has reduced the authenticity in exercising the right to vote

- Regarding the right to stand for election and ensuring the implementation of the right to self-nominate: The provisions of the conditions for candidacy are not strict reflecting in the low

age of candidates, simple candidates’ profiles, and the standards of candidates cannot be quantified

specifically leading to restrictions on the exercise of the right to stand for election The number of

self-nominated candidates is large, but the number of elected candidates is not high, the structure

of self-nomination has not had an appropriate scale, etc With the current regulations, candidates

do not have many opportunities in selecting a place for standing for election, choosing forms of campaigning, freedom of movement, meeting, giving speeches, expressing their opinions, accessing information in campaigning, etc

- Provisions on election units: The scale of election unit is large and the number of deputies

with election opportunity is large, the candidates exceeding is limited leading to reduced the ability

of voters to select and reducing the competition in elections In the activity, there is no clear division

of personal responsibility with collective responsibility of deputies in the same unit A close and responsible relationship has not yet been established among deputies and voters In contrast, voters find it difficult to pay attention, monitor, supervise and evaluate the activities of deputies to control the State power There are no specific criteria for introducing candidates to each election unit, so there are cases where the allocation of candidates with differences in competency and qualifications leading to elections without high competitiveness

- Regarding the allocation of the number of deputies, the expected structure, composition, candidates and the election negotiation: The provisions of law and practice of the allocation

of the National Assembly Deputies to provinces and cities are not based entirely on the principle

of taking the population as a basic criteria, thus the equality between candidates’ and the voter’s right to representation is not guaranteed The expected structure, composition of deputies and the negotiation for introduction of candidates are required in the election in Vietnam stemming from the concept of representation of elected bodies, according to the social structure and composition in the condition that Vietnam is a multi-ethnic country (54 ethnic groups), a social structure of many strata and groups of people Although there have been improvements, the process and procedures for expected structure, composition and negotiation have not had any fundamental innovations In fact, the deputies structure and composition have not changed much when the socioeconomic structure has made many changes in the renovation process The implementation of negotiation on the basis of the expected deputies structure and composition has limited the right to vote, especially the citizens’ right to stand for election in unallocated structures and compositions The negotiation mechanism has not attracted potential candidates to participate in self-nomination, improve competitiveness and create more opportunities for voters to express their opinions, introduce candidates and select their representatives The proposed and negotiated work as of now does not fully meet the requirements

of expanding and promoting democracy, building an elected body to operate professionally in the process of building the rule of law State, implementing mechanism of assignment, coordination and control of the State power

- Regarding election campaigning: The election campaigning is not highly competitive The

method of simple election campaigning through the mass media and contacting with voters is hosted by the Vietnamese Fatherland Front The order and procedures as well as contents of election campaigning are not competitive due to the lack of conditions and mechanisms for candidates to exchange, dialogue and debate in order to fully demonstrate their capacity, qualifications, skills and spirit combined; thereby aiming to attract the support of voters

- Regarding the election management: The organization and operation of the National Election

Commission under the 2015 Election Law does not fully reflect the new spirit of the 2013 Constitution

as an independent constitutional institution for election management in the expansion process of

democracy, strengthening control of the State power The structure, organization, and mode of operation

of the National Election Commission have not basically innovated compared to the previous Central

Election Commission in terms of the number of members, representatives, operational mechanisms,

etc The election organization and management model are fragmented and lack of concentration, many agencies and organizations are involved in managing and organizing the election work, but not

yet clearly defined their specific tasks and powers according to each sector

3 Solutions to continue improving the Election Law in Vietnam

After more than thirty years of the national renewal, Vietnam has achieved many important achievements along with positive changes in politics and society The awareness of the People’s sovereignty is more and more profound, full of content and implementation method which is consistently constituted in the 2013 Constitution1 The process of building and improving the Socialist

rule of law State of the People, by the People and for the People has achieved positive results The

model of Socialist Centralized State has gradually shifted to the rule of law State model that serves the

People2 The educational level and socialist democracy have made progress The citizens’ awareness,

sense and capacity for democratic practice have improved and matured3 Human rights and citizens’

rights are respected, protected and guaranteed The National Election Commission is defined in the

Constitution as an independent constitutional body The positive changes in socio-political life have

set new requirements as well as prerequisites and conditions to continue improving the Election Law

in Vietnam today, in which focusing on some basic contents as follows:

3.1 Full and guaranteed provisions on citizens’ right to vote and stand for election

Regarding the right to vote, the voting theory shows that the right to vote is not limited to the

right to vote to select deputies in regular elections but also includes the right to vote additionally,

supplement election and dismissal of deputies

Therefore, it is required to amend and supplement the current Election Law in the direction that

the organization of additional elections (second-round elections) is required to ensure the People’s

representation right in elected bodies If the first election fails to elect a sufficient number of deputies

to election unit, additional elections shall be organized Similarly, in order to ensure the right to vote

and the right to be represented by voters, additional voting is mandatory, held in the election unit of

lack of deputies compared to the number assigned to that unit when the remaining period of the tenure

is long enough

In practical conditions of Vietnam, voters’ right to dismiss deputies must be seen as a mechanism

of power, control, forcing deputies to stick their responsibilities with voters The People with the

right to elect deputies have the right to dismiss deputies4 Therefore, it is required to have specific

1 Tran Ngoc Duong (2014), ‘The Sovereignty of the people is highlighted and expressed consistedly and thoroughly in

the whole contents of the 2013 Constitution’, The People’s Deputies daily (No.237 (3812), 25 August 2014).

2 Phan Van Ngoc (2018) 112.

3 Lê Minh Quan, The Socialist democratization process in Vietnam today (Monograph) (The National Political

Publishing House, Hanoi 2011) 134.

4 Tran Ngoc Duong , Assignment, coordination and control of powers with the revision of the 1992 Constitution (The

National Political Publishing House, Hanoi 2012) 172.

regulations on the authority to organize, direct and guide the dismissal of the National Assembly Deputies and People’s Councils Deputies when they are no longer worthy of the People’s credibility Simultaneously, the specific provisions on the mode of voters, voters’ representatives to exercise the right to make petitions, propose dismissal, how to synthesize petitions, the minimum percentage or number of voters to make a proposal of dismissal becoming a reality

In addition, in terms of content, in order for the voting right to be more and more substantive, in addition to the right to vote, it must ensure voters fully receive information about candidates, exercise the right to nominate, introduce, express their opinions and views on candidates during the election process To expand the scope for voters to participate in voting by gradually piloting Vietnamese citizens abroad to participate in voting In the immediate future, to organize elections for citizens on business trips, working and studying abroad in a definite time to register lists of voters and participate

in voting at diplomatic and consular representation missions

Regarding citizens’ right to stand for election, the practical experience of voting in many

countries shows that the more free and fair the elections are, the more strict the conditions for candidacy are When a self-nominated person meets the statutory conditions, he /she has the right

to become a candidate in the election Therefore, the conditions for exercising the right to stand for election should be amended and supplemented in the direction of raising the age of candidates of the National Assembly Deputies to ensure the level of maturity in terms of psychology, experience, skills and qualifications to assume the roles of representing the People at the national level The election experience in many countries around the world shows that the age of candidates for the National Assembly Deputies is very high1 There are specific provisions in the period of permanent residence

in Vietnam or the locality where standing for election to ensure that candidates are knowledgeable about the nation and that local issues In addition, it is also required to study other conditions for filing

of standing for election as recommended by some certain incumbent deputies, collecting signatures of voters in which expected candidates to support self-nomination is a compulsory requirement When self-nomination candidates submit their profiles and meet all the conditions prescribed by law, the preparation of the official candidates introduction list will be based on the results of the verification

of the authenticity of self-nomination profiles

3.2 Amendments and supplements to regulations on election units and the number of deputies elected, the candidates exceeding in election units

In the long run, applying the one-representative election unit model is an appropriate solution to ensure competitiveness, equality of representation, upholding the role of voters in elections, forcing deputies to be closely and responsibly linked to voters; improve the feasibility of exercising the right to dismiss deputies; build specialized and responsible deputies, etc The application on one-representative election unit is required to have a conversion process and is only applicable when the deputies’ activities reach a professional level In the immediate future, it is still required to organize a multi-representative election unit, but each election unit of the National Assembly Deputies may elect

no more than 2 deputies The introduction and allocation of candidates corresponding must be based

on respect for candidates’ selection

In order to increase competitiveness and to ”build a mechanism that links deputies’ responsibilities

1 Phan Van Ngoc (2018) 129.

to voters, first of voters at voting location”, it is required to increase election units and reduce elected

deputies To limit reasonable geographical scope to establish small-sized election units and suitable

population Simultaneously, it is required to regulate the candidates exceeding, to expand voters’ ability to select in order to increase competitiveness, and expand democracy in elections Depending

on the specific situation of the candidates, the negotiation conference decides the appropriate scale,

but not lower than the law

3.3 Renewing the expected and allocated work of the number, structure and composition of

deputies

To allocate the number of deputies and expected structure, composition and number of candidates

is renewed on the basis of determining the true nature and importance of the expected structure and

composition of deputies; to conform to requirements and requirements in renovating the organization

and operation of elected bodies; to ensure the most reasonable principle of equality; to create conditions to expand democracy in electoral negotiation; to improve publicity and transparency; to

ensure the rights of minorities

For the election of the National Assembly deputies, the allocation of the number of deputies

to the provinces and municipalities must gradually comply with the contents of the principle of equality, using the population as a basis to allocate and ensure the equal value of votes and the right

to be represented In the immediate future, each province or municipality has at least two deputies

residing and working locally The next deputies are calculated by population In the long run, when

the National Assembly consists of a majority of specialized and responsible deputies, the allocation

of deputies is based entirely on the population on the principle of equality

The expected structure, composition, number of candidates for the National Assembly Deputies,

People’s Councils Deputies are essentially a matter of apparatus organization, deciding on the representation, quality and performance of the National Assembly, the People’s Councils, so it must

be considered an important issue of the country and locality under the decision competence of the

National Assembly and People’s Councils Assigning authority to decide the expected basic issues on

the structure, composition, number of candidates for the National Assembly, the People’s Councils to

ensure the right nature and importance of the issue, and to create a public mechanism of disclosure

and transparency in discussions and decisions Based on the proposal of the National Assembly, the People’s Councils on basic issues, the Standing Committee of the National Assembly and the

Standing Committee of the People’s Councils preside over the proposed implementation guidelines

It is required to study the reduction of the number of structures, compositions, narrowing the scope

of the compulsory structural group, expanding the rights for the negotiation conference to discuss,

negotiate and take the initiative in identifying suitable structures with special characteristics of

socio-economic points and local conditions, thereby to expand democracy in electoral negotiation

1 The Central Executive Committee of the Communist Party of Vietnam, Conclusion on some issues on continuing to

renovating, perfecting the political system from the Central to locality (Conclusion No 64-KL/TW, 28 May 2013).

3.4 Renewal of negotiation work to introduce candidates

Despite the restrictions, the electoral negotiation in Vietnam is required1 No other subject than the Vietnamese Fatherland Front can perform well the task of introducing the candidates through the negotiation process2 However, there should be solutions for renewing the negotiation process on the basis of respect for the principle of democratic negotiation, ensuring the citizens’ right to stand for election

For a truly democratic negotiation process, there must be a proper awareness of the role of negotiation in elections In the process, the negotiation procedure must promote the subjective role of the Vietnamese Fatherland Front at all levels and voters The negotiation conferences are organized

on the principle of democracy, voluntary, consensus as a premise The results of the steps in the negotiation process are legally valid and accepted and respected for implementation

There are some provisions for expanding the authority for negotiation conferences, especially

in the expected structure and composition of the candidates To thoroughly grasp the viewpoints to introduce the persons with equal qualifications and capacities to run for candidates The conferences to gather opinions of voters of residence and workplaces shall only be conducted for those who have been nominated by the agencies, organizations or units in the local political system No voters conferences would be held at residence or workplaces with self-nominated candidates The prestige, standards and conditions of self-nominated candidates are verified by the completeness and authenticity of the profiles as prescribed

The negotiation conferences shall formulate an official list of candidates including those introduced by selected agencies, organizations, units and self-nominated candidates who have been verified as eligible for election and decide on the number of candidates exceeding in accordance with the actual election situation but not lower than the provisions of the Election Law

3.5 Reform election campaigning towards competition

Competition is an attribute of democratic elections3 Therefore, it is required to have solutions

to renovate the election campaigning processes and procedures towards competition First of all, expanding the forms of campaigning In addition to contacting voters, giving interviews, the law should recognize the candidates’ right to self-campaign and provide additional provisions for other forms of campaigning Some forms of campaigning can be reasonably considered and supplemented, such as: campaigning on the Internet (via personal websites, social networks, etc.); leaflets; attendance and speech and campaigning at the forums that they are a member of; meeting face-to-face with voters

in election units; contacting voters by gender, sector, etc facilitating opportunities and favourable conditions for candidates to campaign appropriately in the forms of legal campaigning

1 Vu Mao, Some opinions on amendment, supplement of the Election Law of National Assembly Deputies and People’s

Councils Deputies, in the seminar ‘Development of the Election Law of the National Assembly Deputies and People’s Councils Deputies’ organized by the Legislative Research Institute and the Rosa Luxemburg Foundation (Germany)

(Thua Thien Hue 2014)

2 Nguyen Dang Dung, ‘Role of outstanding member in the current social feedback of the Vietnamese Fatherland Front

- Perspective from the countries’experience’ in Front Magazine No.132 (2014) 79.

3 Luu Van Quang, Election system in some developed capitalist countries today - theory and reality, Doctoral thesis

(2008) 159.