What are the conditions, applications and procedure for a candidate of the National Assembly deputie

[1]. Conditions applicable to candidates

According to Clause 1, Article 3 of the Law on Election of deputies to the National Assembly and People’s Council 2015: “Candidates for the National Assembly deputies are required to achieve standards applicable to the National Assembly deputies as prescribed in Law on the organization of the National Assembly.”

According to Article 22 of the Law on the organization of the National Assembly, the standards applicable to candidates are:

“1. To be loyal to the Fatherland, the People and the Constitution, to strive to carry out the renewal cause for the goal of a prosperous people and a strong, democratic, equitable and civilized country.

2. To possess moral qualities, to be diligent, thrifty, incorruptible, public-spirited and selfless, exemplary in the observance of the law; to have the spirit and be determined to control corruption, waste and all manifestations of bureaucracy, imperiousness and authoritarianism and other illegal acts.

3. To possess educational and professional qualifications, to have full capacity, health, work experience and prestige to perform the tasks of a National Assembly deputy.

4. To keep close ties with the People, to listen to the opinions of the People, to gain the confidence of the People.

5. To have the conditions to participate in the activities of the National Assembly.”

Thus, people who meet the conditions mentioned above can be a candidate of National Assembly deputies.

[2]. Applications for being candidates

According to Article 35 of the Law on Election of deputies to the National Assembly and People’s Council 2015, Citizens who stand for the National Assembly of People’s Council election as prescribed in this Law shall submit their candidacy dossiers within 70 days before the polling day.

A candidacy dossier includes:

a) An application for candidacy;

b) A curriculum vitae certified by the competent agency, organization or unit;

c) A summarized biography;

d) Three color photos in 4 cm x 6 cm size;

dd) An income and asset declaration prescribed in law on corruption prevention.

[3] Procedure for standing for the National Assembly deputies:

Step1: Preparing the documents mentioned in the section [2]

Step 2: Submitting

- Every candidate nominated by the political, socio-political or social organizations, the People’s armed forces units or regulatory agencies in central governments shall submit two candidacy dossiers to National Election Commission;

- Every candidate nominated by the political, socio-political or social organizations, the People’s armed forces units, central regulatory agencies, public service agencies or business organizations in local governments and every independent candidate shall submit two candidacy dossiers to the Election Commission of the province where he/she resides or works regularly;

Step 3: After receiving and considering the candidates’ dossiers, and seeing that they conform to the provisions of this Law, National Election Commission shall transfer the list of summarized biographies, curriculum vitae, and income and asset declarations of nominated candidates to the Standing Committee of Central Committee of Vietnamese Fatherland Front. The Election Committees of the province shall transfer candidacy dossiers of nominated candidates and independent candidates of the province to National Election Commission; transfer the list of summarized biographies, curriculum vitae, and income and asset declarations of nominated candidates and independent candidates to the Standing Board of the Fatherland Front Committee of the province or to include them into the list for consultation.

Step 4: Organizing the consultative conference (3 times), make a list of the candidates for the National Assembly deputies.

That is the advice of FDVN to your request, based on the study of legal regulations. Hopefully FDVN's advice will be useful to you.

Legal expert: Thanh Tra

FDVN Law Firm

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