Thực hiện luật pháp về bầu cử đại biểu quốc hội ở việt nam ttta

HO CHI MINH NATIONAL ACADEMIC OF POLICTICS NGUYEN THI YEN IMPLEMENTING THE LAW ON ELECTION OF NATIONAL ASSEMBLY DEPUTIES IN VIETNAM SUMMARY OF DOCTORAL THESIS FIELD OF STUDY: THEORY AND HISTORY OF STATE AND LAW Code: 938 01 06 HA NOI - 2023 The thesis is completed in Ho Chi Minh National Academic of Politics Supervisor: Assoc Prof Dr TO VAN HOA Assoc Prof Dr TRINH DUC THAO Reviewer 1: ……………………………………… ……………………………………… Reviewer 2: ……………………………………… ……………………………………… Reviewer 3: ……………………………………… ……………………………………… The thesis is defended before the Thesis Evaluation Committee at the institutional level, convened at the Ho Chi Minh National Academy of Politics At…… date … moth …… year 2023 The thesis is available in: National Library and Library of Ho Chi Minh National Academy of Politics INTRODUCTION The urgency of the thesis Since the first General Election 77 years ago on January 6, 1946, through 15 terms of operation, the Vietnamese National Assembly has gradually innovated, achieving many significant accomplishments, contributing decisively to the success of the Vietnamese revolution on the path of building socialism under the leadership of the Communist Party of Vietnam This is evidence of the Vietnamese people's patriotism, spirit of unity, self-reliance, and resilience, reflecting their unwavering trust in the Party and the State These achievements are invaluable assets for subsequent generations of National Assembly representatives to inherit and promote, deserving the trust of the people Objective requirements in the new phase demand that the organization and quality of the National Assembly's activities need to be innovated, adapted, and made relevant, ensuring that the National Assembly truly represents the highest body of the people and the supreme state power of the Socialist Republic of Vietnam Party documents, especially Resolution 27-NQ/TW dated November 9, 2022, of the 13th Central Committee of the Party, once again emphasize the need to: " Continue to innovate the organization and improve the quality of the National Assembly's activities; ensuring the National Assembly truly represents the highest body of the people, the highest state power, enhancing the effective implementation of its functions and tasks as stipulated by the Constitution" This places a significant role and responsibility on National Assembly representatives, those truly outstanding in virtue and talent, bearing the immense trust bestowed by the people This is an essential basis for researching and perfecting the current mechanism for electing National Assembly representatives Furthermore, the legal system concerning the election of National Assembly representatives currently, with the pivotal position being the Law on Election of National Assembly representatives and People's Council Representatives in 2015 (Election Law 2015), has been increasingly refined and closely aligned with real-life, consistent with the democratic spirit of the 2013 Constitution This is the legal basis for conducting democratic elections and also an essential foundation for effectively implementing the law on the election of National Assembly representatives However, the recent 14th and 15th National Assembly representatives elections have revealed gaps, loopholes, and signs that need to be researched, analyzed, and clarified to ensure comprehensiveness, consistency, and relevance in relation to other areas within the Vietnamese legal system In recent years, the implementation of the law on the election of National Assembly representatives has seen positive and systematic changes, closely following each step and stage in a rigorous process The awareness of compliance, adherence, and utilization of the law by entities related to the field of National Assembly representative elections has been increasingly enhanced These entities are becoming more effective in applying the law on the election of National Assembly representatives However, it must also be affirmed that the implementation of the law concerning the election of National Assembly representatives still has limitations and shortcomings that need to be addressed The entities responsible for implementing the law on the election of National Assembly representatives have not fully realized their roles and responsibilities; the execution of election principles is not guaranteed; the organization and enforcement of the law on the election of National Assembly representatives are still somewhat superficial Some entities, due to limited understanding, not strictly comply with the regulations of the law on the election of National Assembly representatives The application of the law on the election of National Assembly representatives by these entities has not fully realized their responsibilities Mistakes still occur in the vetting of profiles and backgrounds, and the organization of voter opinion polls is sometimes perfunctory, allowing some unqualified candidates to slip through The activities of entities involved in the National Assembly representative election process lack coordinated unity, leading to confusion, inconsistency, overlapping functions and tasks, causing practical difficulties This reality demands a clear identification of existing limitations and challenges, pinpointing both objective and subjective causes, while establishing a system of perspectives, proposals, and anticipating feasible solutions to ensure the implementation of the law on the election of National Assembly representatives in Vietnam in the coming time However, so far, the issue of implementing the law on the election of National Assembly representatives remains an unexplored area, not receiving attention and research from state management agencies and scientists Based on these theoretical and practical requirements, the researcher has chosen the topic "Implementing the law on election of National Assembly deputies in Vietnam" as the subject for the Doctoral Thesis in the field of State and Law Theory and History Purposes and tasks of the thesis 2.1 Research Purpose Based on the analysis and clarification of some theoretical issues, and the assessment of the current state of the law implementation concerning the election of National Assembly representatives in Vietnam, the purpose of this thesis is to construct perspectives and propose solutions to ensure the implementation of the law on the election of National Assembly representatives in Vietnam in the upcoming period 2.2 Thesis Tasks - Provide an overview of domestic and international research related to the thesis, evaluate the values of previous research works, and identify the issues that the thesis needs to continue studying Contribute to clarifying the theoretical basis of the law implementation on the election of National Assembly representatives, including: concepts, characteristics, content, roles, and forms of law implementation on the election of National Assembly representatives; and conditions to ensure the law implementation on the election of National Assembly representatives Simultaneously, study the law implementation on the election of National Assembly representatives in several countries worldwide, drawing valuable references for Vietnam - Analyze and assess the current legal status of the election of National Assembly representatives in Vietnam - Analyze and evaluate the status of the law implementation on the election of National Assembly representatives in Vietnam over time From there, highlight the results, limitations, and causes of this status - Establish a system of perspectives and propose highly feasible solutions to ensure the law implementation on the election of National Assembly representatives in Vietnam in the upcoming period 3.2 Research Scope Content-wise: The thesis delves into the theoretical foundation and the current state of law implementation regarding the election of National Assembly representatives in Vietnam Within its scope, the thesis emphasizes evaluating the current law implementation through four modalities: compliance, adherence, utilization, and application of the law The study also examines the law implementation through six regulatory groups: 1) Principles; 2) Establishment and operation of election supervisory bodies; 3) Candidacy and candidate selection; 4) Propaganda and mobilization for National Assembly elections; 5) Voter list compilation, voting, and result determination; 6) Inspection, supervision, violation handling, and complaint resolution From this, the thesis proposes perspectives and solutions for future law implementation Geographically: The thesis focuses on the evaluation of law implementation for National Assembly elections in Vietnam Temporally: The research concentrates on the period after the enactment of the 2013 Constitution and the 2015 Law on the Election of National Assembly and People's Council Representatives, primarily drawing data from the 14th (2016-2021) and 15th (2021-2026) National Assembly elections Theoretical Foundation and Research Methodology 4.1 Theoretical Foundation The thesis investigates its subject matter based on the perspectives of Marxist-Leninist theory, Ho Chi Minh's thoughts, and the Communist Party of Vietnam's views on the state and law in general, and election law in particular It also incorporates the Party and State's perspectives on elections, including the election of National Assembly representatives in the context of building and perfecting the socialist rule-of-law state in Vietnam 4.2 Research Methodology The research employs dialectical materialism and historical materialism as its philosophical foundation Methodologically, the thesis utilizes a combination of systematic, analytical, and synthetic methods; comparative method; logical-historical method; sociological survey method; and statistical and data analysis methods Novel Scientific Contributions of the Thesis - The thesis systematically reviews scientific works published both domestically and internationally related to its subject, identifying theoretical and practical issues that warrant further exploration - It introduces a clear concept of law implementation for National Assembly elections, highlighting five distinct characteristics and roles of such implementation - By studying the election laws and their implementation in various countries, the thesis offers valuable insights applicable to Vietnam's current situation - The thesis critically assesses and identifies the achievements and limitations of law implementation for National Assembly elections in Vietnam, pinpointing both objective and subjective causes for these outcomes - The research proposes four perspectives and six feasible solutions to ensure effective law implementation for National Assembly elections in Vietnam in the forthcoming period Theoretical and Practical Significance of the Thesis 6.1 Theoretical Significance The research results of the thesis contribute to enriching the general theoretical repository on the State and Law Simultaneously, they shed light on several theoretical issues concerning the law implementation for the election of National Assembly representatives in Vietnam 6.2 Practical Significance The findings of the thesis can serve as reference material for competent authorities in formulating and refining policies and laws related to the election of National Assembly representatives and in innovating the law implementation for these elections in our country Furthermore, the research results provide a scientific foundation for state management agencies, organizations, and individuals in directing and implementing the law on the election of National Assembly representatives It also serves as a research and teaching resource in educational and training institutions focused on law Thesis Structure In addition to the introduction, conclusion, reference list, and appendices, the content of the thesis is organized into four chapters, encompassing 11 sections Chapter OVERVIEW OF RESEARCH WORKS RELATED TO THE IMPLEMENTATION OF THE LAW ON ELECTION OF NATIONAL ASSEMBLY REPRESENTATIVES 1.1 DOMESTIC RESEARCH SITUATION 1.1.1 Research Works Related to Election Theory and the Law on Election of National Assembly Representatives The author's survey results indicate that domestic scientific works related to election theory and the law on election of National Assembly representatives include: Two (02) scientific topics; Nine (09) specialized books; Seven (07) doctoral theses; and Six (06) journal articles The thesis evaluates these works based on various issues: the legal system for National Assembly elections, the current status of legal regulations on National Assembly elections, and solutions to improve the legal system for National Assembly elections in Vietnam 1.1.2 Research Works Related to Law Implementation and the Implementation of the Law on Election of National Assembly Representatives 1.1.2.1 Scientific Works on General Law Implementation The author's survey results show that domestic scientific works on general law implementation include: Four (04) books and One (01) journal article 1.1.2.2 Research Works on the Implementation of the Law on Election of National Assembly Representatives in Vietnam The author's survey results indicate that domestic scientific works on the implementation of the law concerning the election of National Assembly representatives include: Two (02) scientific topics; Five (05) specialized books; Five (05) doctoral theses; Five (05) journal articles, and Four (04) other documents For each content, the thesis comments on various issues: the current status of the law implementation for National Assembly elections in Vietnam and solutions to enhance the effectiveness of the law implementation for National Assembly elections in present-day Vietnam 1.2 INTERNATIONAL RESEARCH SITUATION 1.2.1 Research Works Related to Election Theory and the Law on Election of National Assembly Representatives The author's survey results indicate that international scientific works related to election theory and the law on election of National Assembly representatives include: Ten (10) specialized books and Five (05) journal articles The thesis evaluates these works based on various issues: the legal system for National Assembly elections, the current status of legal regulations on National Assembly elections, and solutions to improve the legal system for National Assembly elections worldwide 1.2.2 Research Works Related to Law Implementation and the Implementation of the Law on Election of National Assembly Representatives The author's survey results show that international scientific works related to the implementation of the law and the law on election of National Assembly representatives include: Five (05) specialized books and Six (06) journal articles For each content, the thesis comments on various issues: the current status of the law implementation for National Assembly elections worldwide and solutions to enhance the effectiveness of the law implementation for National Assembly elections globally 1.3 GENERAL EVALUATION OF THE RESEARCH SITUATION AND ISSUES THAT NEED FURTHER RESEARCH 1.3.1 General Evaluation of the Research Situation An overview of the research related to the topic of implementing the law on National Assembly elections reveals that the number of domestic research works related to election issues is diverse and rich, approached from various perspectives However, the number of research works related to the implementation of the law on National Assembly elections is limited, not very diverse, and mostly approached from the perspective of state management The results of the published research works have, to some extent, highlighted theoretical issues regarding the implementation of the law on National Assembly elections in Vietnam Some research works have analyzed and evaluated the current status of National Assembly elections in certain areas, proposing solutions to address existing limitations specific to each area These are valuable references for the research topic of the thesis An overview of the research situation shows that while there is a significant number of scientific works related to the thesis topic, most of these works only explore individual aspects of National Assembly elections In fact, if we consider the implementation of the law on National Assembly elections as the main research subject, there are currently no domestic or international works that have studied this 1.3.2 Issues to be Further Researched in the Thesis Theoretical Aspects: The issues that need further research include: defining the concept of legal implementation regarding National Assembly elections; presenting the characteristics and roles of legal implementation for National Assembly elections; analyzing the content of the National Assembly election law and the forms of its implementation; conditions ensuring the legal implementation of National Assembly elections; and selectively studying the legal implementation of National Assembly elections in various countries, pointing out values that can be referenced for Vietnam Practical Aspects: The issues that need further research include: analyzing and evaluating the current status of legal implementation of elections in Vietnam through various forms of legal implementation: compliance with the law, law enforcement, law usage, and law application Especially, understanding the causes of the limitations that have persisted over the past period Based on comprehensive research, and a systematic approach to theoretical issues and the current status of legal implementation of National Assembly elections, the thesis needs to present viewpoints and propose solutions to ensure the legal implementation of National Assembly elections in Vietnam in the future 1.3.3 Research Hypothesis and Questions 1.3.3.1 Research Hypothesis The implementation of the law on National Assembly elections plays a crucial role in the renovation of the organization and operation of the National Assembly in the context of building a socialist rule-of-law state in our country today Over time, due to various reasons, the legal implementation of National Assembly elections has not fully ensured the election principles, leading to election results that not truly reflect the full will and desires of the voters This situation demands the construction of viewpoints and the proposal of solutions to ensure the legal implementation of National Assembly elections in Vietnam in the coming time 1.3.3.2 Research Questions Based on the aforementioned research hypothesis, the thesis should focus on answering the following main research questions: Question 1: On what theoretical bases is the legal implementation of National Assembly elections in Vietnam founded? What conditions need to be met to ensure the legal implementation of National Assembly elections in Vietnam? Question 2: What are the results and limitations of the legal implementation of National Assembly elections in Vietnam in the recent period? What are the causes of this situation? Question 3: What are the viewpoints to ensure the legal implementation of National Assembly elections in the current phase? What are the solutions to ensure the legal implementation of National Assembly elections in Vietnam in the future? Chapter THEORETICAL BASIS OF LEGAL IMPLEMENTATION ON NATIONAL ASSEMBLY ELECTIONS 2.1 CONCEPT, CHARACTERISTICS, AND ROLE OF LEGAL IMPLEMENTATION ON NATIONAL ASSEMBLY ELECTIONS 2.1.1 Concept of National Assembly Elections Building upon and developing the results of existing research on elections and the National Assembly, the thesis introduces the concept: National Assembly elections are the process where voters, following the methods prescribed by law, participate in selecting representatives to reflect their will and desires in the National Assembly, representing the people in exercising state power 2.1.2 Concept of Legal Regulations on National Assembly Elections From the most general concept of law and the relationship between law and National Assembly elections, the thesis introduces the concept of legal regulations on National Assembly elections as follows: The legal regulations on National Assembly elections are a system of legal norms issued by competent state agencies, regulating social relations arising during the process where voters select their representatives in the National Assembly to exercise state power on behalf of the people 2.1.3 Concept of Legal Implementation on National Assembly Elections Based on the instrumental concepts, the thesis introduces the concept of legal implementation on National Assembly elections: The legal implementation on National Assembly elections refers to purposeful activities that bring the regulations of the law on National Assembly elections into social life, ensuring that voters participate in selecting representatives to reflect their will and desires in the National Assembly, representing the people in exercising state power 2.1.4 Characteristics of Legal Implementation on National Assembly Elections 2.1.4.1 Legal Implementation on National Assembly Elections as the Broadest Political Activity National Assembly elections are significant political events of the country, legitimizing the authority belonging to the people Each National Assembly election in our country, although occurring at different revolutionary moments, always sees the entire nation and army united towards the Party and the National Assembly Therefore, election day has become a festival, a political activity for the entire country 2.1.4.2 In Essence, Legal Implementation on National Assembly Elections is the Exercise of Civil-Political Rights of the People After 40 years since joining the ICCPR (1982), Vietnam has made significant efforts to ensure the basic political rights of its citizens, including the right to vote and stand for election, are respected and implemented in practice The activity of National Assembly elections is increasingly substantive and is a crucial legal event for citizens to directly exercise their sovereign rights, choosing deserving representatives to shoulder the country's development 2.1.4.3 Legal Implementation on National Assembly Elections Clearly Demonstrates the Role of the Vietnam Fatherland Front in Promoting National Solidarity The Vietnam Fatherland Front truly represents the will and desires of all social classes, acting as a platform for negotiation, coordination, and unified action of its member organizations to effectively fulfill their roles in the new era 11 2.2.2.4 Application of the Law on National Assembly Elections Applying the law on National Assembly elections is a form of legal implementation Here, the state, through its agencies or authorized organizations, organizes legal entities to implement the provisions of the law on these elections or independently bases its decisions on these legal provisions to initiate, modify, suspend, or terminate specific legal relations in the elections 2.3 CONDITIONS ENSURING THE IMPLEMENTATION OF THE LAW ON NATIONAL ASSEMBLY ELECTIONS 2.3.1 Political Assurance The political stability of the country in general and of each electoral unit in particular is a favorable condition for implementing the law on National Assembly elections In practice, wherever there's political stability, the deployment of legal provisions into social life is very advantageous Conversely, an unstable political and social environment leads to many barriers and difficulties in implementing the law on these elections 2.3.2 Legal Assurance To organize the strict and thorough implementation of the law on National Assembly elections in social life and protect the interests of organizations and individuals, a refined legal system is required If the quality of the law is not ensured, the implementation will face many difficulties, and it might even be infeasible in practice 2.3.3 Economic Assurance In reality, deploying the provisions of the law on National Assembly elections requires significant financial costs, funding, effort, and specific material-technical equipment Therefore, economic assurance is one of the essential conditions to achieve the desired results in implementing the law on these elections 2.3.4 Socio-Cultural Assurance The implementation of the law on National Assembly elections is also influenced by socio-cultural factors The level of public awareness, legal consciousness, and people's trust in the law are vital conditions for ensuring the implementation of the law on these elections When people have a clearer understanding of freedom, democracy, civil rights, and civic responsibilities towards the country, it ensures that the law on National Assembly elections is effectively implemented in practice 2.3.5 Organizational Assurance Implementing the law on National Assembly elections requires a specialized electoral organizational system from the central to local levels The operations of this system need to be inspected and controlled, as elections are sensitive matters prone to negative behaviors and violations This system must have a tight, unified relationship, be managed by the state, and be regulated by the law on National Assembly elections in all its activities 12 2.4 IMPLEMENTATION OF THE LAW ON NATIONAL ASSEMBLY ELECTIONS IN SOME COUNTRIES AND ITS REFERENCE VALUE FOR VIETNAM 2.4.1 Implementation of the Law on National Assembly Elections in Some Countries Worldwide Depending on the characteristics and political regimes of each country, the law on National Assembly elections varies, leading to different implementations The way elections are organized is specifically and tightly regulated into an electoral system, and each country pursues different political objectives This thesis selects the United States, a country where elections always attract global attention, and the Russian Federation and Thailand, countries that have historical influences and are geographically close to Vietnam 2.4.2 Reference Value for Implementing the Law on National Assembly Elections in Vietnam Firstly, regarding the voter list compilation Secondly, innovating the design of the electoral unit Thirdly, diversifying voting methods Fourthly, on the candidacy conditions for self-nominated candidates Fifthly, on election campaigning Sixthly, on the application of information technology in elections Chapter CURRENT LEGAL STATUS AND IMPLEMENTATION OF THE LAW ON NATIONAL ASSEMBLY ELECTIONS IN VIETNAM 3.1 CURRENT LEGAL STATUS OF NATIONAL ASSEMBLY ELECTIONS IN VIETNAM 3.1.1 Overview of the Law on National Assembly Elections in Vietnam 3.1.1.1 Regulations on Election Principles Article 7, Section of the 2023 Constitution outlines the principles of elections Based on this, the 2015 Election Law and its guiding documents further detail these principles to ensure their proper implementation 3.1.1.2 Regulations on the Establishment and Operation of Election Organizing Bodies Current election laws stipulate the organizations responsible for elections, including the National Election Council, local election bodies (Provincial Election Committees, National Assembly Election Boards, and Voting Area Election Groups) 3.1.1.3 Regulations on Candidacy and Candidate Selection The right to stand for election is a legal provision allowing eligible citizens to express their desire to run for the National Assembly or People's Council This right can be exercised in two ways: (1) through organizations 13 nominating candidates based on a proposed structure, and (2) through individual self-nomination In our country, the negotiation process, with the task of selecting and nominating candidates, is a crucial activity to ensure democracy in the nomination process This procedure is organized through three negotiation conferences, with the Vietnam Fatherland Front responsible for organizing these conferences to nominate National Assembly candidates 3.1.1.4 Regulations on Propaganda and Mobilization for National Assembly Elections The task of disseminating and propagating the legal provisions on National Assembly elections aims to unify understanding, actions, and societal consensus during the elections Article 62 of the 2015 Law on National Assembly and People's Council Elections defines the responsibilities of agencies and organizations in directing propaganda and mobilization for elections In our country, the law stipulates that election campaigns begin after the official list of candidates is announced There are two forms of election campaigns: through Voters' Conferences organized by the Vietnam Fatherland Front for candidates to meet and interact with voters, and through mass media 3.1.1.5 Regulations on Voter Lists, Voting, and Result Determination Firstly, Compiling the Voter List A voter is an individual with the right to vote in the election Vietnamese citizens who are 18 years old or older by the election day and meet the legal requirements have the right to vote The compilation of voter lists must be carried out according to the principles set out in Article 29 of the 2015 Law on National Assembly and People's Council Elections, and the authority responsible for compiling the voter list is defined in Article 31 of the same law Each voter is issued a voter card Secondly, Voting in the National Assembly Elections Voting for the National Assembly is conducted following the principles outlined in Article 69 of the 2015 Law on National Assembly and People's Council Elections Thirdly, Determining the Results The determination of election results is carried out according to Article 78 of the 2015 Law on National Assembly and People's Council Elections 3.1.1.6 Regulations on Inspection, Supervision, Legal Violation Handling, and Addressing Complaints and Denunciations in National Assembly Elections Firstly, Inspection and Supervision of National Assembly Elections In our country, the inspection and supervision of National Assembly elections primarily fall under the jurisdiction of the Vietnam Fatherland Front, the Standing Committee of the National Assembly, and the National Election Council Additionally, voters, candidates, and media agencies also play a role in overseeing the voting and vote counting processes 14 Secondly, Handling Legal Violations Individuals who violate election laws will be dealt with according to Article 95 of the 2015 Law on National Assembly and People's Council Elections The 2015 Penal Code, amended in 2017, specifically defines two offenses related to elections: violating the right to vote, stand for election, or participate in a national referendum (Article 160) and distorting election or referendum results (Article 161) Thirdly, Addressing Complaints and Denunciations The resolution of complaints and denunciations related to National Assembly elections is not carried out under the regulations of the Complaints Law or the Denunciation Law but follows the provisions of the Election Law and the guidelines of the Central Inspection Committee The authority to resolve complaints and denunciations lies with the National Election Council, local election organizations (Election Committee, Election Board, Voting Group) 3.2 CURRENT IMPLEMENTATION OF THE LAW ON NATIONAL ASSEMBLY ELECTIONS IN VIETNAM 3.2.1 Results of Implementing the Law on National Assembly Elections 3.2.1.1 Results of Implementing Election Principles for the National Assembly Universality, equality, directness, and secret balloting have become common election principles in modern societies In Vietnam, these election principles are rigorously and thoroughly enforced during the organization of National Assembly elections to ensure the democratic and lawful nature of an election 3.2.1.2 Results of Implementing the Law on National Assembly Elections in the Establishment and Operation of Election Management Bodies Firstly, the adherence to the law on National Assembly elections in the establishment and operation of election management bodies has achieved the following results: The establishment of the National Election Council (NEC) has addressed the limitations in the previous election processes Central and local election management bodies consistently demonstrate determination and effort to successfully organize the elections Local election bodies maintain close relationships, frequently coordinating, exchanging, discussing, and proposing innovative solutions for efficient work Training and guidance on election procedures are prioritized by localities at different stages Secondly, the application of the law on National Assembly elections in the establishment and operation of election management bodies has achieved the following results: The establishment of election management bodies is timely, ensuring objectivity and legal compliance 15 The election machinery is increasingly streamlined, becoming more efficient and effective The establishment of the NEC and local election bodies follows proper procedures, timelines, and ensures the quality and quantity of members Upon completion, the functions, duties, powers, and organizational structure of the NEC and its supporting machinery are clearly and specifically defined, providing a legal basis for all activities 3.2.1.3 Results of Implementing the Law on National Assembly Elections in Candidate Nomination and Selection Firstly, the adherence to the National Assembly election law in candidate nomination and selection has achieved the following results: Upon receiving documents from the Standing Committee of the Vietnam Fatherland Front (VFF) at all levels, and the negotiation conferences on candidate allocation, agencies, organizations, and units have nominated candidates in accordance with procedures, composition, ensuring democracy, and timely progress They have included exemplary individuals with integrity and talent, truly representing the will and aspirations of the people in the candidate list Secondly, the compliance with the law on National Assembly elections in candidate nomination and selection has achieved several results: With the proactive coordination of various levels and sectors, negotiation conferences at the central and local levels have been conducted democratically, legally, and timely as per regulations During the negotiation process for candidate introduction, the VFF at all levels has actively and proactively implemented its rights and duties in the elections In recent National Assembly elections, the VFF of Vietnam has collaborated with the authorities to effectively organize voter meetings at their residences The content and program of the meetings have been conducted as per regulations Thirdly, the application of the law on National Assembly elections in candidate nomination and selection has achieved several results: One is regarding the right to participate in opinions for candidates at voter contact conferences Voter contact conferences to gather opinions, comments, and trust of voters towards candidates have always garnered attention and monitoring from voters Second is regarding the right to stand for election The majority of self-nominated candidates for the National Assembly are entrepreneurs, with a few involved in professional activities Generally, they are not closely associated with state agencies and have a high degree of independence Fourthly, the application of the National Assembly election law regarding the right to vote, stand for election, and candidate selection has achieved several results: 16 The first is in the projected structure, composition, and number of National Assembly deputies The preparation of personnel for participation in the National Assembly elections has been conducted cautiously, meticulously, and strictly step by step The projection and adjustment of the structure, composition, and number of National Assembly deputies by the Standing Committee of the National Assembly have been timely, in accordance with regulations, ensuring the structure, composition, and number of deputies are suitable for the general situation and specific conditions of each locality The second is in organizing negotiation conferences The VFF of Vietnam at all levels has organized negotiation conferences to select and introduce candidates following strict, specific procedures, ensuring democracy 3.2.1.4 Results of Implementing the Law on National Assembly Elections in Propaganda and Election Mobilization Firstly, the adherence to the National Assembly election law in propaganda and election mobilization has achieved the following results: During the election mobilization process, candidates have adhered to the principles of election campaigning and ensured social order and safety Firstly, when interacting with voters for election mobilization, candidates consistently demonstrate sincerity, honesty, a sense of inquiry, responsibility, and are always ready to listen to the thoughts and aspirations of the voters Secondly, the compliance with the National Assembly election law in propaganda and election mobilization has achieved several results: The first, in election propaganda: The propaganda work for the election is systematically and methodically deployed from the central to local levels, with many innovative, effective initiatives implemented in various forms Election propaganda in areas with ethnic minorities ensures content, progress, safety, economy, and legality in diverse forms, contributing to making ethnic minorities understand the significance and importance of the election, grasp and correctly implement the legal regulations of the National Assembly election The second, in election mobilization: Voter contact conferences take place in a democratic, open atmosphere, accurately reflecting the opinions and suggestions of voters towards candidates During voter contact sessions, voters participate with seriousness and sincerity, getting acquainted with the biography and background of each candidate, especially the promises in the action programs of the candidates Thirdly, the application of the National Assembly election law in propaganda and election mobilization has achieved several results: In recent elections, voters nationwide have actively and proactively sought information about the election in various forms 17 In voter contact conferences, whether voters interact with candidates directly or online, they have the right to inquire, exchange, express opinions, and share their thoughts and aspirations 3.2.1.5 Results of Implementing the Law on Voter Registration, Voting, and Determining Election Outcomes Firstly, the adherence to the National Assembly election law in voter registration and voting has achieved the following results: Firstly, in voter registration: The posting of voter lists by the People's Committees of communes, wards, and towns is carried out according to regulations, ensuring democracy, objectivity, and serving as a basis for voters to check, monitor, and detect errors in the voter lists Secondly, in voting: Elections for the National Assembly in our country always see a high voter turnout The success of the election reflects the strength derived from the people's will The atmosphere of the elections truly represents a national festival Secondly, the application of the National Assembly election law in voter registration and voting has achieved several results: The increasing voter turnout reflects the political awareness and responsibility of citizens, their patriotism, and their trust in the Party's leadership In the 15th National Assembly election, despite facing a complex pandemic, voters nationwide actively participated, wisely choosing their representatives in the National Assembly This not only affirms the political will and awareness of the people's right to self-determination but also demonstrates the spirit of unity, patriotism, and profound trust in the Party and Government Thirdly, the application of the law in determining election results has achieved several results: The first, ensuring the number of National Assembly members: In the elections, the personnel election results are excellent, with the number of National Assembly members basically elected according to legal regulations The second, ensuring structure and level: The structure and composition of representatives are reasonable, representing various classes, layers, components, professions, and fields of work, ethnicities, religions, age groups, and genders - The proportion of representatives from ethnic minorities has also increased in recent terms - Regarding the proportion of female National Assembly members: Vietnam ranks 51st in the world, 4th in Asia, and leads the ASEAN InterParliamentary Assembly (AIPA) in terms of female National Assembly member ratio - Regarding the educational level of National Assembly members: The professional level of elected National Assembly members in recent terms has 18 been increasingly high Notably, the 15th National Assembly members have an "absolute" high educational level - The proportion of full-time representatives has continuously increased through each election Essentially, full-time National Assembly members meet the standards set by the Constitution and the law - The re-election rate of representatives also leaves a strong impression as it continuously increases with each term, with the 15th term seeing the most significant rise 3.2.1.6 Results of Implementing the Law on National Assembly Elections in Supervision, Handling Violations, and Addressing Complaints and Denunciations Firstly, results in supervising the National Assembly elections: Election inspection and supervision were carried out promptly, efficiently, and in line with the planned content and schedule Secondly, results in handling violations during the National Assembly elections: The Ministry of Public Security has thwarted and prevented many groups and hostile forces from exploiting the elections to oppose and defame the Party and the State Thirdly, results in addressing complaints and denunciations during the National Assembly elections: In recent National Assembly elections, the resolution of complaints and denunciations was conducted promptly, seriously, and in accordance with the National Assembly election law and the law on complaints and denunciations 3.2.2 Causes of the Results of Implementing the Law on National Assembly Elections 3.2.2.1 Objective Causes Firstly, the legal system in general, and the National Assembly election law in particular, is becoming more refined, synchronized, and comprehensive Secondly, the Party and State have timely introduced policies and guidelines, based on which various ministries and sectors have issued numerous documents to organize and implement election activities according to their functions and tasks Thirdly, economic development provides the conditions for preparing the necessary technical and material bases for the elections 3.2.2.2 Subjective Causes Firstly, the meticulous, comprehensive, and timely leadership of the Party in every step of the election process Secondly, the National Election Council, the Standing Committee of the National Assembly, the Government, the Central Committee of the Vietnam Fatherland Front, and other agencies, ministries, and local authorities in the political system have led, directed, guided, inspected, and supervised the election work regularly, decisively, and promptly 19 Thirdly, the Vietnam Fatherland Front committees at all levels and their member organizations have effectively played their roles and responsibilities in the elections Fourthly, the active participation of the masses in election preparations Fifthly, the proactive, responsible leadership of authorities at all levels 3.2.3 Limitations in Implementing the Law on National Assembly Elections in Vietnam 3.2.3.1 Limitations in Implementing the Law on National Assembly Elections Regarding Election Principles Lessons learned from the National Assembly elections not only reflect the election results but more importantly, the content, spirit, and implementation of election principles In reality, the organization and implementation of election principles still have some shortcomings that need to be addressed However, these shortcomings are isolated and are not major limitations in implementing the election principles 3.2.3.2 Limitations in Implementing the Law on National Assembly Elections in the Establishment and Operation of Election Organizing Bodies Firstly, limitations in the establishment and operation of the National Election Council: The formation of the National Election Council does not ensure a reasonable structure of its members The National Election Council is established for each election and is temporary, thus not fully realizing its role Members of the National Election Council hold concurrent positions and not operate regularly, making it challenging to ensure capacity and experience Secondly, limitations in the establishment and operation of local election organizing bodies: Members of local election organizing bodies also hold concurrent positions, which may not be entirely suitable for the requirements of an objective, fair, and equal election 3.2.3.3 Limitations in Implementing the Law on National Assembly Elections in Candidacy and Candidate Selection Firstly, limitations in complying with the National Assembly election law in candidacy and candidate selection: There are still some difficulties in allocating the number, structure, and composition of representatives in some localities The selection and introduction of candidates by agencies, organizations, and individuals during negotiations can sometimes be hesitant due to the vague regulations on National Assembly representative standards The allocation of candidates to run in electoral units is sometimes subjective In many localities, there is a disparity in the qualifications among candidates 20 Due to the lack of legal regulations on criteria for introducing candidates, the introduction of candidates from the central level to run in localities is not appropriate The process of reviewing profiles, backgrounds, and organizing consultations with voters is still formalistic, allowing some candidates who not meet the standards or violate the election law to be listed Secondly, limitations in using the National Assembly election law in candidacy and candidate selection: Although the legal provisions on the right to stand for election reflect freedom and democracy, the procedures to exercise this right are not genuinely ensuring fairness and equality between self-nominated candidates and introduced candidates, and between party members and non-party members The number of self-nominated candidates included in the official candidate list is limited, discouraging competent and virtuous individuals from running for the National Assembly 3.2.3.4 Limitations in Implementing the Law on National Assembly Elections in Election Propaganda and Mobilization Firstly, limitations in adhering to the law in election propaganda and mobilization: In some electoral units, during voter meetings, candidates have been observed to engage in election campaigning in non-regulated forms, making promises about investing in projects for the areas they are running in, and sponsoring voter meetings Secondly, limitations in complying with the law in election propaganda and mobilization: The first, in election propaganda: Election propaganda in some areas has not closely followed legal regulations, leading to some voters not fully understanding their rights and responsibilities Due to the simultaneous occurrence of National Assembly elections and People's Council representative elections, voters find it challenging to research and thoroughly grasp information about the elections and the candidates Election propaganda in some areas with ethnic minorities and mountainous regions is slow, inconsistent, lacks variety, and often fails to provide adequate election information to voters The second, in election mobilization: During the recent 15th National Assembly election, some localities had to adjust voter meetings multiple times due to unforeseen pandemic situations The number of voter meetings organized varies, with some candidates having many and others having few Some candidates lack comprehensive election campaigning skills, leading to hesitancy and a lack of confidence when presenting or answering voters' questions Candidates' action programs often have monotonous and superficial content, failing to introduce innovative solutions 21 The interaction between candidates and voters is crucial, but in reality, it remains formalistic Thirdly, limitations in using the law in election propaganda and mobilization: In some areas, voters are not genuinely interested in election propaganda and mobilization activities Many voters face challenges when having to choose from a list of dozens of candidates for the National Assembly due to insufficient information about the candidates 3.2.3.5 Limitations in Implementing the Law on National Assembly Elections in Voter Registration, Voting, and Result Determination Firstly, limitations in adhering to the law on National Assembly elections in voter registration: The process of creating and reviewing voter lists is not rigorous and scientific, leading to inaccuracies and fluctuations in voter data close to the election day Election organizations have made printing errors on ballots, resulting in the need to annul election results and conduct re-elections There are instances where a voter's name appears on two voter lists, one at their permanent residence and another at their temporary residence Secondly, limitations in adhering to the law on National Assembly elections in voting: The selection of candidates is conducted through a negotiation process, making this phase the focal point of the election It is often seen as the "first round of elections" to select prominent candidates for the official candidate list Voters can only vote for individuals on this list A portion of the electorate lacks interest and responsibility in exercising their voting rights and duties They vote to avoid political inconvenience, vote hastily, or even vote on behalf of others On election day, there are unforeseen events like heavy rain, strong winds, power outages, or remote polling stations, making it difficult for voters In some areas, private homes are borrowed for voting The division of electoral units also has limitations: the population (voters) in many electoral units is uneven, and the number of representatives allocated to an electoral unit varies, leading to a lack of fairness and equality in elections Thirdly, limitations in adhering to the law on National Assembly elections in result determination: Certain structures and allocated representative numbers have not met initial orientations and projections, especially regarding female representation and non-party members The National Assembly Standing Committee's projection of electing 500 National Assembly deputies was not met There are instances where, after being elected, some not qualify as National Assembly deputies This indicates that 22 the review of profiles, backgrounds, and gathering voter opinions is still formalistic and not substantive, allowing unqualified candidates or those violating election laws to be included in the list 3.2.3.6 Limitations in Implementing the Law on National Assembly Elections in Inspection, Supervision; Handling Violations and Addressing Complaints and Denunciations Firstly, limitations in adhering to the law on National Assembly elections in inspection and supervision: Inspection and supervision activities are sometimes superficial, with unclear effectiveness; violations of the National Assembly election law still occur Supervision of personnel through negotiations is not strict, allowing candidates who not meet the National Assembly's standards to slip through In some areas, the National Front has not diversified its methods to mobilize the strength of member organizations to supervise the election The public inspects and supervises the election process, but from the negotiation phase to the candidate list creation, the National Assembly election law lacks provisions to ensure the public's direct inspection and supervision rights Secondly, limitations in adhering to the law on National Assembly elections in handling violations: There are instances where violations of the election law occur in some electoral units, most notably the "proxy voting" issue that has not been effectively addressed Errors in ballot printing, oversight in controlling the number of ballots issued and received, and stamping have occurred in some places Thirdly, limitations in adhering to the law on National Assembly elections in addressing complaints and denunciations: There are instances where some citizens deliberately misuse democracy to lodge false complaints and denunciations without sufficient evidence or proper jurisdiction Some complaints drag on or are inadequately addressed, causing citizens to lose trust and repeatedly seek resolution 3.2.4 Causes of Limitations 3.2.4.1 Objective Causes Firstly, although the current National Assembly election law has been supplemented, amended, and improved, it still has some shortcomings and limitations Secondly, factors such as epidemics and natural disasters pose significant challenges to election activities Thirdly, the application of information technology in implementing the National Assembly election law is still slow and inconsistent Fourthly, there isn't a specialized department to advise on elections 3.2.4.2 Subjective Causes Firstly, the leadership and guidance of party committees and governments at various levels have not kept pace with practical demands 23 Secondly, the level of awareness among our voters is uneven, with disparities between rural and urban areas, and between upstream and downstream regions Thirdly, the competence of some officials involved in election work is limited Fourthly, the assessment, inspection, and evaluation of candidate qualifications before participating in the National Assembly election are not timely and lag behind requirements The effectiveness of public supervision is also limited Chapter PERSPECTIVES AND SOLUTIONS TO ENSURE THE IMPLEMENTATION OF THE LAW ON NATIONAL ASSEMBLY ELECTIONS IN VIETNAM 4.1 PERSPECTIVES ON ENSURING THE IMPLEMENTATION OF THE LAW ON NATIONAL ASSEMBLY ELECTIONS IN VIETNAM 4.1.1 Deeply grasp the Party's principles and policies on National Assembly elections to meet new requirements while ensuring and enhancing the Party's leadership in implementing the National Assembly election law 4.1.2 Implementing the law on National Assembly elections must promote the role of the entire political system 4.1.3 Implementing the law on National Assembly elections ensures the promotion of democracy and strengthens the socialist legal system 4.1.4 Implementing the law on National Assembly elections is linked to the requirement to improve the capacity and effectiveness of the state machinery, meeting the requirements of building a socialist rule-of-law state in Vietnam 4.2 SOLUTIONS TO ENSURE THE IMPLEMENTATION OF THE LAW ON NATIONAL ASSEMBLY ELECTIONS IN VIETNAM 4.2.1 Enhance awareness in implementing the law on National Assembly elections 4.2.2 Continue to perfect the law on National Assembly elections 4.2.3 Continue to promote propaganda, dissemination, and legal education on National Assembly elections 4.2.4 Improve the quality of activities of the National Election Council 4.2.5 Enhance the quality of the cadre working on National Assembly elections 4.2.6 Strengthen inspection, supervision, and handling of complaints and denunciations 4.2.6.1 Strengthen inspection and supervision by agencies and organizations on the implementation of the law on National Assembly elections 4.2.6.2 Create conditions and mobilize societal participation in supervising the implementation of the law on National Assembly elections 4.2.6.3 Enhance the effectiveness of addressing complaints and denunciations in implementing the law on National Assembly elections 24 CONCLUSION The law on National Assembly elections is a system of legal norms issued by competent state agencies to regulate social relations arising during the National Assembly election process This ensures that voters select exemplary representatives who embody their will and aspirations in the National Assembly The law on National Assembly elections serves as an effective tool and means to ensure that the Party's and State's principles, resolutions, policies, and directions are integrated into daily life Implementing the law on National Assembly elections involves activities aimed at bringing the provisions of this law to life, ensuring that legal actions of entities align with the law, and guaranteeing that voters choose representatives who truly reflect their will and aspirations The legal system for National Assembly elections has been continuously refined since the first ordinances for the inaugural 1946 general elections This evolving body of legal documents ensures the effective implementation of the law on National Assembly elections in Vietnam The practical implementation of the law on National Assembly elections in Vietnam has achieved notable successes However, certain limitations persist, such as delays in updating voter lists due to frequent changes in voter numbers, procedural formalities in candidate nomination, superficial vetting of candidate profiles, inconsistent election propaganda, and inadequate attention to integrating information technology into election management To ensure the effective implementation of the law on National Assembly elections, it's essential to deeply understand the Party's principles and directions This understanding should meet contemporary demands while ensuring and enhancing the Party's leadership in the election process Implementing this law is the responsibility of the entire political system It should promote democracy and socialist legal principles and be linked to improving the efficiency of state machinery, meeting the requirements of building a socialist rule-of-law state in Vietnam To effectively implement the aforementioned perspectives, a comprehensive set of solutions is needed: Firstly, enhance awareness of the law on National Assembly elections Secondly, continue refining the legal system for these elections Thirdly, intensify the dissemination and promotion of the law and mobilize National Assembly elections Fourthly, improve the performance of the National Election Council Fifthly, enhance the quality of the cadre working on National Assembly elections Lastly, strengthen inspections, supervision, and address complaints and denunciations LIST OF PUBLICATIONS BY THE AUTHOR RELATED TO THE THESIS Nguyen Thi Yen (2020), "Preventing and fighting against corruption in Asian countries in the digital technology era: Opportunities and challenges", Proceedings of the International Workshop on Good Governance and Anti-Corruption: Opportunities and Challenges in the Era of Digital Technology Nguyen Thi Yen (2022), "Ensuring the rights of persons with disabilities towards the value of happiness and conveying humanistic legislative thinking in Vietnamese law", Proceedings of the International Scientific Workshop on Ensuring the rights of persons with disabilities in the sustainable development of Vietnam and other countries of the world