Communist Review - The Communist Party of Viet Nam (CPV) occupies a pivotal position in its political system. Article 4 of the 2013 Constitution stipulates: “The Communist Party of Viet Nam - the vanguard of the working class, concurrently the vanguard of the laboring people and Vietnamese nation, faithfully representing the interests of the working class, laboring people and entire nation, acting upon the Marxist-Leninist doctrine and Ho Chi Minh’s Thought, is the force leading the State and society”⁽¹⁾. Accordingly, for the time being it is badly in need of guaranteeing and strengthening the Party’s leadership in the State apparatus in general and in elected bodies in particular.

It is indispensable to ensure the Party’s leadership in the elections of deputies to the National Assembly and People’s Councils at all levels, stemming from the positions of these two bodies in the State apparatus. The 2013 Constitution stipulates: “The National Assembly is the highest representative body of the people and the highest organ of State power of the Socialist Republic of Viet Nam”; “The People’s Councils are the local State power agencies, representing the people’s will, aspiration and right of mastery” ⁽²⁾. The National Assembly and People’s Councils were the first organs to be established in the new tenure, marking the beginning of the establishment of agencies in the State apparatus such as the President and the Government at the central level and People’s Committees in localities.

The elections of deputies to the 15^th National Assembly and the People’s Councils at all levels for the 2021-2026 tenure serve as the premise of the implementation of the 13^th National Party Congress’s Resolution: “Building and perfecting a rule-of-law socialist state which is clean, strong, streamlined with its effectiveness and efficiency for the people and national development. Strengthening publicity, transparency and accountability; controlling power in association with tightening discipline and rules in the state’s, cadres’, civil servants’ and public employees’ activities. Continuing to boost prevention and fight against corruption, wastefulness, bureaucracy, crimes and social vices” ⁽³⁾.

So as to guarantee the Party’s leadership in the state apparatus, it is necessary to have itpracticedin the elections of elected deputies. The 2016 summary report from the National Election Council also affirmed: “One of the five reasons for the success of the elections is the Politburo’s and all-level party committees’ close leadership in each stage of electoral deployment and preparation” ⁽⁴⁾.

First of all, the Party’s leadership aims to ensure deputies’ representation, structure and quality in the elected National Assembly and People’s Councils at all levels. Deputies to the National Assembly and People’s Councils must be virtuous and talented enough to make decisions, on behalf of the people, on key national and local issues. President Ho Chi Minh once asserted: “General elections constitute opportunities for the entire population to freely elect people with talents and virtue to shoulder national affairs. Through general elections, the entire nation elects the National Assembly which will establish the Government - truly the people’s one” ⁽⁵⁾.

The Party’s leadership in electoralstages and preparationshould be in accordance with the Law on Election of Deputies to the National Assembly and People’s Councils. Ensuring the Party’s leadership in the elections of deputies to the National Assembly and People’s Councils at all levels should be accompanied by the compliance of the Constitution and the law ⁽⁶⁾.

Guaranteeing the Party’s leadership in election-related preparation work

Since early 2020, the National Assembly Party Committee has directed the development of “Project on Elections of Deputies to the 15^th National Assembly and People’s Councils at all levels for the 2021-2026 tenure”. The project was reported to the Politburo and submitted to the Party Central Committee for comments. The result of the Project is the Politburo’s Conclusion Nº174-TB/TW, dated June 8, 2020, on the “Direction of Elections of Deputies to the 15^th National Assembly and People’s Councils at all levels for the 2021-2026 tenure”.

With the National Assembly Party Committee’s initiative, all election-related preparation work was carried out earlier than in the previous terms. The National Election Council was elected and approved by the National Assembly at its 9^th session - one session earlier than in the last election.Constituents of the National Election Council were determined in accordance with the provisions of the Law on Election of Deputies to the National Assembly and People’s Councils, comprising representatives of the National Assembly Standing Committee, the Government, the Viet Nam Fatherland Front Central Committee, ministries, branches and numerous Party agencies. Six out of twenty one members of the National Election Council are Politburo members.

Personnel standards for the full-time deputies to the National Assembly at the central and local levels and People’s Councils at the provincial, district and communal levels were specified in the Politburo’s Conclusion Nº 174-TB/TW andfurtherdetailed in guided documents by the Central Organization Committee ⁽⁷⁾. This is the key premise for selecting full-time deputiesto the National Assembly and People’s Councils who serve as the core force of the National Assembly and People’s Councils at all levels.

Additionally, documents directing the elections were considered and elaborated, summarizing strengths and shortcomings in previous directives and taking new complement in conformity with the reality.

Issuing directives and instructions for the elections

In order to promote its leadership in the elections, the Politburo issued Directive Nº 45-CT/TW, dated June 20, 2020 “On directing the elections of deputies to the National Assembly and People’s Councils at all levels for the 2021-2026 tenure” comprising 7 sections concentrating on personnel work, perfecting documents instructing the election and dissemination work, guaranteeing political security, social order and safety. The Politburo’s Directive 45-CT/TW specifies the responsibility to each party committee at both central and local levels. Accordingly, provincial and municipal Party Committees established steering committees to comprehensively lead the election work, bettering nomination of candidates in localities, directing timely resolution of issues arising in the electoral preparation and organization of deputies to the National Assembly and all-level People’s Councils in localities.

The Party’s bodies issued numerous detailed documents instructing the election work, following the Politburo’s Directive 45-CT/TW,namely the Central Inspection Commission promulgated Instruction Nº 13-HD/UBKTTW, dated December 12, 2020, “On denunciation and complaint settlement regarding the elections of deputies to the National Assembly and all-level People’s Councils for the 2021-2026 tenure by the Party Committees and Organizations and all-level Inspection Committees”; Instruction Nº 36-HD/BTCTW, dated January 1, 2021 “Onpersonnel work for the 15^th National Assembly and all-level People’s Councils deputies for the 2021-2026 tenure”bythe Central Organization Commission; Instruction Nº 169-HD/BTGTW, dated January 21, 2021 “On disseminating the elections of deputies to the National Assembly and all-level People’s Councils” by the Central Commission of Popularization and Training; Standing Party Committeesin provinces, cities and centrally-run cities also issued directives on leadership and direction in the elections of deputies to the 15^th National Assembly and People’s Councils at all levels for the 2021-2026 tenure.

Leadership in the personnel work

Bettering the personnel work guarantees the promotion of democracy and the Party’s centralized and uniform leadership in cadre work. The Party leads the nomination of cadres, party members in organs, organizations and units to run for the elections of deputies to the National Assembly and all-level People’s Councils. The nominees must meet the standards and requirements prescribed by the Party, State and law. Simultaneously, they must be those who are typical of good qualities, virtue and capability with firm political viewpoints and stance, and qualified to be the National Assembly and all-level People’s Councils deputies.

The ratio of deputies to the National Assembly and all-level People’s Councils who are women and ethnic minority people has always been of concern to the Party and State. In 2006, the National Assembly ratified the Law on Gender Equality, stipulating the appropriate ratio of female National Assembly and People’s Councils deputies in conformity with the national target on gender equality⁽⁸⁾. On April 27, 2007, the Politburo promulgated Resolution Nº 11-NQ/TW “On women work in the period of strengthening industrialization and modernization”, with a goal: the ratio of female National Assembly and People’s Councils deputies is from 35% to 40%towards 2020; on January 20, 2018, the Secretariat issued Directive Nº 21-CT/TW “On continuing to acceleratethe women work in the new situation”.

Under the Party’s leadership and provisions of theLaw on Election of Deputies to the National Assembly and all-level People’s Councils, the National Assembly Party Committee led the National Assembly Standing Committee to propose the structure and constituent candidates for the National Assembly so that it could ensure female candidates nominated for the National Assembly and People’s Councils account for at least 35% of the total. The National Assembly Party Committee also directed the National Assembly Standing Committee in its planning of ethnic minority candidates and promulgating instructions to guarantee an appropriate ratio in the official list of nominees to the People’s Councils in accordance with characteristics and population structure in each locality. Attentionwas also paid to the ethnic minorities with no representatives in the People’s Councils’ activities in the previous terms.

Drawing on the past experience, the profiles of all National Assembly nominees were carefully reviewed to ensure standards as prescribed in the Law on Organization of the National Assembly whilethe regulations on internal political security protection was observed. This aimed to resolutely exclude unqualified candidates; those who show political motives and ambitions for power; those who have local, conservative and stagnated mindset; those who are inspected and checked for signs of infringement; heads of organs, organizations, units thatallow corruption, wastefulness and disunity to occur; those who infringe thePolitburo’s Regulation Nº 126-QĐTW, dated February 28, 2018 on “Some Issues on the Party Internal Political Protection” or get involved in unresolved political issues; unworthy people and those who bribe their way for power engage in the National Assembly. The Election Committees of People’s Councils at all levels thoroughly grasped and fulfilled all requirements to nominate qualified candidates for the People’s Councils.

The nomination must be done in close accordance with the combination between standards and structure. Consequently, it is important to nominate, select and elect representative deputies to the National Assembly and People’s Councils at all levels,who represent the people’s willpower, aspiration and right of mastery; who possess adequate standards, sufficient quantities, among which the deputies’ standards and quality are the core. The second consultative conference compiled a preliminary list of candidates for the National Assembly, amongwhom many were graduates and post-graduates (59.36% of candidates are post-graduates).

The Party has attached much importance to the selection of candidates running for the elections of full-time National Assembly deputieswith high standards such as university graduates or ones with higher qualifications, good health and prescribed ages. Candidates standing for the elections of full-time deputies to the NationalAssembly, the National Assembly’s bodies and the National Assembly Standing Committee should be those who undertake and excellently accomplish theirjob as director generals and equivalents, directors of departments and equivalents and higher; those who are planned to be the full-time National Assembly deputies or deputy ministers and equivalents and higher.Those who serve in the armed forces must be ones who take on and discharge the duties as director generals and equivalents, heads of provincial military commands, heads of provincial borderguards, chiefsof provincial public security and equivalents with ranks of colonel or higher. For those fields that need to represent the National Assembly butlack of director generals or equivalents to meet the requirements, the National Assembly Party Committee shall coordinate with relevant organs to consider and decide on each specific deputy director as prescribed.

Candidates running for the elections of full-time National Assembly deputies, serving as the deputy head of the National Assembly delegation at local levels, must be members of the provincial Party Committee holding the positions of Department Directors or equivalents or higher, and projected to work as one of the following: Member of the Provincial or Municipal Standing Committees, Vice President of the People’s Councils, Vice President of the People’s Committee of provinces, centrally-run cities or the equivalents or higher. Under the National Assembly Party Committee’s leadership, the regulations of competent agencies on full-time National Assembly deputies, including stipulations on positions and ages were strictly complied with and supported by the objective and prudent assessment of competence, qualification, prestige and capability of candidates as full-time National Assembly deputies.       

The first and second consultation process on the structure, quantity and preliminary list of candidates for the National Assembly and all-level People’s Councils were conducted publicly and democratically, in accordance with the provisions of the law and Joint Resolution Nº 09/2021/NQLT-UBTVQH14-CP- ĐCTUBTWMTTQVN, dated January 15, 2021 by the National Assembly Standing Committee, the Government and Presidium of the Viet Nam Fatherland Front Central Committee  on “Instructions on consultation process and nomination of candidates for the 15^th National Assembly and all-level People’s Councils for the 2021-2026 tenure”; simultaneously, guaranteeing the Party’s leadership in personnel work.

Leadership in the formation of electoral organizations

Electoral organizations from the National Election Council at the central level to those at the grassroots levels make substantial contributions to the success of the elections. There were approximately 12,000 election committees, 90,000 election boards at provincial, district and communal levels and 90,000 election groups. Over 1,000,000 people engaged in election workacross the country, many of whom were at the grand old age of over 60 and not State officials or civil servants since this was not a full-time frequent task which is carried out every five years.Correspondingly, the selection of personnel for election-in-charge organizations was earnestly and thoroughly made; selecting candidateswithgreat political and moral qualities, thorough knowledge of the law, and experience in conducting election work and trusted by the people.

In order to ensure the Party’s leadership in directing election work at the National Election Council, the 14^th National Assembly at its 11^th session conducted election to supplement and replacethe President, Vice President and Members of the National Election Council who did not engage in the 13^th Party Central Committee.

Members of election-in-charge groups, particularly members of election teams were trained to firmly grasp the provisions of the law and election profession so as not to make mistakes, complying with the ordinances of the law.

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(1) The Constitution of the Socialist Republic of Viet Nam, Publisher. The National Politics Truth, Hanoi, 2014, p.9

(2) The Constitution of the Socialist Republic of Viet Nam, Cited, p.32, 60

(3) The Documents of the 13^th National Party Congress, Publisher. The National Politics Truth, Hanoi, 2021, vol. II, p. 332

(4) Report Nº 695/BC- HĐBCQG, dated July 19, 2016 by the National Election Council, “Asummary on Elections of Deputies to the 14^th National Assembly and all-level People’s Councils for the 2016-2021 tenure” submitted to the 14^th National Assembly at its first session.

(5) Ho Chi Minh: The Complete Works, Publisher. The National Politics Truth, Hanoi, 2011, Vol.4, p.153

(6) The Constitution of the Socialist Republic of Viet Nam, Cited, p.10

(7) Instruction Nº 36-HD/BTCTW, dated January 20, 2021 by the Central Organization Committee on “The personnel work of deputies to the 15^th National Assembly and all-level People’s Councils for the 2021-2026 tenure”; Official Dispatch Nº 35-CV/BTCTW, dated February 24, 2021 by the Central Organization Committee on “The personnel work of deputies to the 15^th National Assembly and all-level People’s Councils”

(8) Point a, Clause 5, Article 11, Law on Gender Equality

(9) Resolution Nº 1187/NQ-UBTVQH14, dated January 11, 2021 by the National Assemby Standing Committee,

“Instructions on determining the proposed structure and composition and distributing the number of nominated candidates for all-level People’s Councils for the 2021-2026 tenure”

(10) At the 2016 election, two candidates were elected as the the National Assembly deputies without their status being recognized; one  candidate won the election as a deputy to the People’s Council but his status was not acknowleged due to running for the People’s Council at three levels, infringing the provisions of the Law on Election of Deputies to the National Assembly and People’s Councils

(11) According to Report Nº 695/BC-HĐBCQG, dated July 19, 2016 by the National Election Council, “A summary on Elections of Deputies to the 14^th National Assembly and all-level People’s Councils for the 2016-2021 tenure”, at Polling Station Nº2, An Son Commune, Kien Hai District, Kien Giang Province, the election results were annulled for serious violation of the law and a re-election was conducted on Sunday, June 5, 2015. At Polling Place Nº3, Tan Tien Commune, Dong Phu District, Binh Phuoc Province, the election results of deputies to the communal People’s Council were revoked for wrong printing of the candidate’s surname for the communal People’s Council on the ballot

This article was published in the Communist Review No.  964 (April 2021)