Bầu cử đại biểu hội đồng nhân dân các cấp ở việt nam hiện nay TT TIENG ANH

VIET NAM ACADEMY OF SOCIAL SCIENCES GRADUATE ACADEMY OF SOCIAL SCIENCES TRAN THI HOA LE ELECTING REPRESENTATIVES TO THE PEOPLES’S COUNCILS AT ALL LEVELS IN VIETNAM TODAY Major: Political Sience Major code: 31 02 01 SUMMARY OF DOCTORAL THESIS IN POLITICAL SCIENCE HANOI - 2021 The thesis was completes at GRADUATE ACADEMY OF SOCIAL SCIENCES Supervisor: Prof,Dr Duong Xuan Ngoc Reviewer 1: Assoc Prof, Dr Nguyen Minh Phuong Reviewer 2: Prof, Dr Nguyen Văn Tai Reviewer 3: Assoc Prof, Dr Ho Viet Hanh The thesis will be defended before the Thesis Judging Committee Academy Graduate Academy of Social Sciences, At time: The thesis can be found at: National Library and Library of Graduate Academy of Social Sciences, INTRODUCTION The necesity of the thesis Political power is the basic category that holds a central position in political science That is why politics is the science of the rules and principles of class struggle revolving around gaining, keeping, organizing, exercising and controlling political power in an organized society Today, if political power and state power are considered as the goal that political actors are aiming for, the election is the way to reach power As one of the important institutions in political activities, election is the decision-making process of the people to select individuals with necessary and sufficient conditions to hold positions in the government Elections are seen as the mechanism through which contemporary democracies allocate positions in the legislative, executive, judicial, and local governments of the nation As the legal basis for the creation of bodies representing state power, elections have an important place in contemporary politics It is possible to generalize the electoral models in the contemporary world, excluding the uniqueness to include three typical models: The electoral model of the monarchy (including parliamentary monarchy, republican monarchy); electoral model of the presidential republic and the electoral model of the mixed system Looking at the electoral system, one can understand the development as well as the level of civilization of a socio-political regime in general and the political institutions of countries in particular It is also through this that the democratic character of the political system is clearly demonstrated, because through electoral activities, the mechanisms for gaining, keeping and exercising political power are revealed most profoundly In modern politics, free and fair elections are the way to ensure respect for the freedom and democratic rights of citizens, because the term election is always closely associated with the concept of democracy In a democracy, the power of the state is exercised only with the consent of the people The basic mechanism for translating that consensus into state power is the organization of free and fair elections Conducted for the first time on January 6, 1946, in Vietnam, general elections and elections of representatives to the People's Councils at all levels have an important position, which is a means of expressing the will of the People's Council The will, aspirations and mastery of the people in the construction of the state in general and representative agencies - state power agencies from the central to local levels in our country in particular Election of representatives to hold positions in the elected body of the government in accordance with the constitution and law Elections in Vietnam currently include elections to the National Assembly (at the central level) and the election of representatives to People's Councils at all levels (at the local level) As Article of the 2013 Constitution of Vietnam affirms: "The people exercise state power by direct democracy, by representative democracy through the National Assembly, People's Council and other State agencies." Usually, elections are held when the elected bodies (state power bodies) expire According to the 2013 Constitution, the term of the National Assembly (NA) is five years and so is the term of the People's Councils at all levels Therefore, every five years, our country conducts elections for the National Assembly and People's Councils at all levels The People's Council in our country was established at the end of 1945 according to Decree No 63 of November 22, 1945 by the President of the Provisional Government of the Democratic Republic of Vietnam (at that time Ho Chi Minh) According to this decree, People's Councils were established at the commune and provincial levels by direct election of the people with a term of only years According to Article of the Law on Organization of the People's Councils and People's Committees (2003), "The People's Council is the local state power organ representing the will, aspiration and the right to mastery of the people, elected by the local people, accountable to the local people and superior state agencies” [73] At present, Vietnam is accelerating the renovation of the political system, promoting democracy, building a socialist rule of law state "of the people, by the people and for the people" to adapt to economic renovation, building a socialist state with a strong political system socialist-oriented market economy The Resolution of the 12th Party Congress emphasized that "Continuing to build and perfect the socialist rule of law State under the leadership of the Party is the central task of renewing the political system " [10] This task requires reforming and perfecting the electoral system, including the election of representatives to People's Councils at all levels in the direction of promoting decentralization and decentralization, ensuring the real power for People's Councils at all levels Because through the elections of National Assembly members and People's Council representatives, citizens' rights and the right to mastery are expressed in accordance with the nature of the socialist rule-of-law state: All power belongs to the people Since 2001, our Party has pointed out the need to "improve the quality of represenatives to the National Assembly and People's Councils, perfecting regulations on election, candidacy and standards of National Assembly and People's Council representatives on the basis of truly promoting democracy" In order to achieve these goals, one of the important solutions is to build a democratic mechanism and exercise people's democratic rights through election activities in general and election of People's Council represenatives in particular The election of People's Council representatives at all levels in our country took place excitingly, attracting a large number of people but there are still many shortcomings and certain limitations Stemming from the above theoretical and practical requirements, the study "Electing representatives to the People's Councils at all levels in Vietnam today" has an important meaning in assessing and properly recognizing correct theoretical basis for election of People's Council representatives at all levels in Vietnam It is to analyze the reality to point out the achievements and limitations in order to propose appropriate solutions to improve the quality of election activities in general and the election of People's Council representatives in particular Since then, promoting the rights and obligations of citizens in electing worthy delegates to represent the will and aspirations and mastery of the people in the state power agency, meeting the requirements of construction, perfecting the socialist rule of law state of the people, by the people, for the people in our country in the coming time Research objectives and tasks of the dissertation 2.1 Research purpose On the basis of clarifying a number of theoretical issues on election and election of People's Council representatives at all levels, assessing the reality of election of People's Council representatives at all levels in Vietnam, the dissertation proposes some solutions to improve the quality of election of People's Council representatives at all levels in Vietnam in the coming terms 2.2 Research tasks To accomplish the above research objective, the dissertation has the following tasks: 1) Draft the overview of research related to the dissertation topic 2) Research to clarify some theoretical issues about People's Councils at all levels and election of People's Council representatives at all levels 3) Analyze and assess the reality of election of People's Council representatives at all levels in Vietnam 4) Propose solutions to improve the quality of election of People's Council representatives at all levels in Vietnam in the coming terms Research object and research scope of the thesis 3.1 Research subject The research object of the dissertation is the theoretical and practical issues of election of People's Council representatives at all levels in Vietnam 3.2 Research scope - The content of the dissertation focuses on studying the election of People's Council representatives at all levels in Vietnam - Research space of the dissertation: Election activities of People's Council representatives at all levels - Research period of the dissertation: The dissertation studies the election of People's Council representatives at all levels for the term: 2011 - 2016; 2016 – 2021 (from 2011 to present) Theoretical foundation and research methodology 4.1 Theoretical foundation The dissertation is based on Marxism - Leninism and Ho Chi Minh's thought, the Party's viewpoint on election and election of People's Council representatives at all levels Besides, the dissertation also selectively acquires research results on the election of People's Council representatives at all levels of published research works The dissertation also uses the research approach of a number of electoral theories; political democracy theory; the theory of people's sovereignty; theory on building a state ruled by law, on freedom, democracy, human rights 4.2 Research methodology On the basis of the dialectical and historical materialism of the MarxistLeninist philosophy, the dissertation uses research methods such as: analysis and summary methods; systematic analysis method, theoretical and practical combination, logical and historical method; comparative methods to solve the tasks set out in the dissertation New scientific contributions of the thesis - The dissertation studies the election works as a basis for systematically presenting the theoretical basis of election activities, including: concepts, roles and principles Building a theoretical framework on principles, contents and process of election of People's Council representatives, influencing factors; role of election of representatives to People's Councils at all levels - On the basis of analyzing and evaluating the process and content of election activities for People's Council representatives at all levels in Vietnam, especially inadequacies and limitations in this activity need to be handled and resolved in the process of improving operations election and election of representatives to the People's Councils at all levels - The dissertation proposes a system of solutions to improve the quality of election activities of People's Council representatives in Vietnam in the coming time to meet the requirements of promoting the role of the People's Council and democratizing society Theoretical and practical significance of the thesis 6.1 Theoretical significance The research results and new contributions of the dissertation contribute to the systematization of information, opinions and theories about the electoral system in general and the election of the People's Council in Vietnam in particular, thereby contributing part of clarifying and enriching the theoretical issues about the election of People's Councils and the practice of perfecting the election mechanism of People's Councils at all levels in our country The dissertation is a meaningful work in contributing to supplementing theoretical knowledge about the position, role and process of election of People's Council representatives to help readers see the meaning and importance of this activity in the process of election exercise the people's power, practice democracy and in the process of establishment and operation of the state 6.2 Practical significance The dissertation can be used as a reference for researchers, policy makers, managers or teachers in politics, the state and law The results of the dissertation can be used to serve the training activities of graduate students, university students at training institutions of political science and related social sciences The research results and conclusions drawn from the dissertation can be used by relevant agencies from the central to local levels as scientific arguments and references to serve the proposal of solutions to promote human rights the people's mastery, in studying, amending, supplementing (or building new) the Law on Election in general and election of People's Council representatives in our country in the coming time Structure of the thesis In addition to the Introduction, Conclusion, Appendix, List of published works related to the dissertation topic and the list of references, the dissertation consists of chapters and 18 sections Chapter LITERATURE REVIEW 1.1 Theoretical studies on election and election of People's Council representatives 1.1.1 Theoretical studies on elections Elections are considered an activity associated with representative democracy, so its role is emphasized in contemporary democracies Up to now, the number of studies on elections in general is quite abundant and diverse Some typical publications on the election of foreign scholars include “Democracy and Deep-Rooted Conflict: Options for Negotiators”; “Electoral System Design: The New International IDEA Handbook” (2005); “Women and Elections: Guide to Promoting the Participation of Women in Elections”; “A Guide Transparency in Election Administration”; Building Confidence in US Election Report of the Commission on Federal Election Reform, September; “Free and Fair Elections-New Expanded Edition”; “Electoral Management Design: The International IDEA Handbook”; “Democracy, Conflict and Human Security: Pursuing Peace in the 21st Century”; “Parliament and Democracy in The Twenty- First Century a Guide to Good Practice”; The works of domestic authors are: "Electoral regimes of some countries in the world", "Vietnamese politics"; “Electoral systems in the UK, USA and France – theory and reality”; “Electoral system in our country, theoretical and practical issues”, “Comparison of some electoral systems in the world”, “Election in the rule of law”, “Experience discussion on election of Japan", "The role of elections in building the rule of law state of the people, by the people and for the people", "Electoral system (Chapter X)", Textbook of Vietnamese Constitutional Law, "Origin basic principles of our country's elections today", "The process of perfecting the law on elections in Vietnam" The results of the researches have provided an important amount of knowledge about the election, a necessary source of material and can be used as a reference to conduct in-depth research on the key contents of the dissertation judgment 1.1.2 Theoretical studies on the election of representatives to the People's Council The works written on the theory of election of representatives to the People's Council must be mentioned such as: "Ho Chi Minh with the National Assembly and the People's Council", "The people supervise the elected bodies of Vietnam in the period of change", "Some issues on improving the electoral system for representatives to the People's Council in Vietnam today", Election of representatives to the 12th National Assembly and People's Councils at all levels with the rule of law state building Socialist Republic, Promoting the participation of women in the election process of representatives to the National Assembly and People's Councils of Vietnam", "Q&A on the Law on Election of the National Assembly and People's Councils in 2015", “State apparatus of the Socialist Republic of Vietnam” “About human rights and civil rights”, “About the current situation and legal needs on the organization of the state apparatus and the law on human rights according to Resolution 48 of the Politburo", "Participating in the elections of the National Assembly and the People's Council is a method of expressing the will, aspiration and mastery of the people in building a socialist rule of law state", etc Research works have approached the problem from many different angles and perspectives, clarifying theoretical and practical issues on election of People's Council representatives in Vietnam The research results have provided an overview and basic of the contents related to the election and election of People's Council representatives at all levels, confirming the important position of this activity in political life 1.2 Research works on the reality and solutions to the election and election of representatives to the People's Councils at all levels in Vietnam The works focused on discussing the reality and solutions to elect representatives to the People's Councils at all levels in Vietnam include: "Electoral law: some issues to be improved", "Contributing to the completion of the process" election of representatives to the People's Council in our country today", "Constraints on State power", "The will of the people in the election and a few ideas contributing to ensuring the will of the people in the election process" ensuring elections in our country", "Negotiation and its impact on promoting the activeness of citizens in exercising the right to vote", "Election: who and whom to vote", "Freedom", electoral justice and its relations with elections in Vietnam", "Innovating the electoral process for a highly representative National Assembly", "What to to renew the election of the National Assembly in Vietnam" current situation in our country", "The current situation and solutions to renovate the election work in our country", "Some opinions on the amendment and supplementation of the Law on Election of National Assembly representatives and the Law on Election of National Assembly representatives" people's co-operation", "Some solutions to renew the selection of consultation work" introduce candidates to the National Assembly and People's Councils - theoretical and practical basis"; "It is necessary to develop a law on general regulations on election of representatives to the National Assembly and People's Councils", "Election of representatives to the National Assembly and election of the People's Council at the same time - issues that need to be resolved Resolution, "Further improving the electoral system for elected representatives", "Some thoughts on reforming the electoral system to ensure the right to vote and stand for election of Vietnamese citizens in the current period", "The issue of reforming the current electoral system", "Electoral management in the world and suggestions for Vietnam", "The 2013 Constitution and the reform of the electoral system to perfect the representative democracy representative in Vietnam today", "Theory and practice of perfecting the electoral system in our country in accordance with the new Constitution", "Implementation of the Constitution and requirements for perfecting the law on election of delegates People's Council", "On the National Assembly and Conceptual Challenges", On the basis of presenting basic issues about the election of representatives to People's Councils at all levels, analyze and evaluate the process and status of election activities or a certain issue with related to, affecting election activities, researches by scientists also show that it is necessary to renew, perfect and improve the quality of elections in general and elections of People's Councils in particular in our country today The solutions have been presented clearly, logically and with high reference value by the authors 1.3 Evaluate the findings in existing publication related to the topic and the contents for further research 1.3.1 Evaluation of findings in existing publication related to the dissertation topic Firstly, it can be seen that the number of research works related to the dissertation topic is quite rich and diverse, approached from many different angles Secondly, the multi-dimensional information from research works is both the advantages and challenge in finding research gaps Thirdly, research works on election and election of People's Council representatives are scattered, spreaded and even contradicted, making it difficult for inheritance and reference Tesearch works on election and election of People's Council representatives at all levels in Vietnam are quite rich and diverse, but there are still no systematic and comprehensive monographs on the theory and status of elections People's Council representatives in the current period, especially the absence of works assessing the current situation and proposing solutions to improve the quality of election activities of People's Council representatives at all levels It is this absence that creates a knowledge gap that needs to be filled This is also the reason for the author to choose and implement the dissertation: "Electing representatives to the People's Councils at all levels in Vietnam today" 1.3.2 Issues for further research in the dissertation On the basis of surveying and learning about literature review, the author realizes that there are still many issues that need further research to clarify: Firstly, theoretical issues related to the election of representatives to the People's Councils at all levels in Vietnam Secondly, issues related to the actual situation of election activities of People's Council representatives at all levels in Vietnam Thirdly, there is a lack of comprehensive works on the solution system to improve the quality of the election of representatives to the People's Councils at all levels in Vietnam Research results must ensure the establishment of a sufficient basis for determining views and solutions; content and conditions for implementation of views and solutions At the same time, the dissertation also needs to propose recommendations to the concerned agencies on some issues related to the election of People's Council representatives at all levels in our country Sub - of chapter Theoretical studies on election and election of People's Council representatives at all levels and researches on the situation and solutions for election of People's Council representatives at all levels in Vietnam are quite rich and diverse However, there is no comprehensive and in-depth research on election of People's Council representatives at all levels The gaps of the requirements set out the dissertation topic has the task of providing a comprehensive and in-depth view of the election and election of People's Council representatives at all levels with issues such as principles, content, and processes organization of this activity together with the factors involved in the actual electoral process On that basis, to find the optimal solutions to promote the advantages and overcome the limitations of the election of People's Council representatives at all levels to serve as a basis for building and perfecting the rule of law state apparatus of Vietnam People, by the people and for the people in our country today In a nutshell, election is the process of making decisions by the people to choose one or more people to hold positions in the system of state agencies Elections are the legal basis for the formation of agencies representing the power of the state Thus, the concepts of electoral system and the electoral system or voting system are essentially identical Accordingly, when talking about the electoral system, the electoral system can be understood as a set of principles, electoral regulations and social relations formed in this process This whole has the participation of many factors that can be generalized as follows: First, the regulations and principles on the order, how to conduct, how to determine election results Second, factors participating in the election such as: political parties, mass media, interest groups, voters (or electors like some special countries in the world), social forces, campaign financial issues Third, other objective factors: historical traditions, socio-economic and cultural environment are also factors, which have a significant influence on the final results of the election 2.2.1.2 The role of elections Elections play a particularly important role in politics as shown in the following reasons: First, elections have the role of exercising the mandate of citizens and legitimizing the government Second, elections are the basis of democracy, the content and expression of the rule of law Third, elections are an important tool for the people to monitor the exercise of state power Fourth, elections are important way to resolve conflicts and social conflicts by peaceful methods 2.2.1.3 Election Rules Principle of universal suffrage Principle of equal voting Principle of direct and indirect elections Principle of secret voting Principle of free elections 2.2.2 Issues on the election of representatives to the People's Councils at all levels 2.2.2.1 The concept of election of representatives to the People's Councils at all levels Election of People's Council representatives means that voters pass their ballots to consider and select the candidates most trusted by voters to delegate authority and represent them to participate in power agencies in the province local 11 2.2.2.2 Principles of election of representatives to the People's Councils at all levels In line with the general election principle, the principle of election of the National Assembly and the People's Council is recognized in Article of the 2013 Constitution: "The election of representatives to the National Assembly and the People's Council is conducted on the principle of universality and equality, direct and secret ballot” These election principles of the Constitution have been concretized in the 2015 Law on Election of National Assembly representatives and People's Council representatives 2.2.2.3 The right to elect and stand for election to the People's Councils The right to vote and stand for election of citizens in Vietnam is clearly stated in Article 27 of the 2013 Constitution: Citizens who are eighteen years old or older have the right to vote and twenty - one years or older have the right to stand for election National Assembly, People's Council The exercise of these rights is prescribed by law” 2.2.2.4 Constituency of People's Council representatives at all levels and polling areas Provinces and cities directly under the Central Government are divided into electoral units for National Assembly representatives and provincial People's Council representatives Districts, urban districts, towns, provincial cities, and cities under centrally - run cities are divided into electoral units for district-level People's Council representatives Communes, wards and townships are divided into constituencies for representatives to the People's Council of communes Each constituency of National Assembly representatives may elect no more than three (03) delegates; each constituency of People's Council representatives may elect no more than five (05) delegates Each constituency of People's Council representatives is divided into voting areas The voting area for election of National Assembly representatives is concurrently the voting area for People's Council representatives at all levels Each polling station has between three hundred and four thousand voters In some cases it is possible to establish a separate voting area 2.2.3 Process, procedures and contents of election of representatives to the People's Councils at all levels 2.2.3.1 Procedures for electing representatives to the People's Councils at all levels (1) Identify and announce the date of the election (2) Establish the Electoral Council (3) Divide constituencies (4) Introduce candidates 12 (5) Make the list of voters (6) Organize voting (7) Count the votes and determine the election results 2.2.3.2 Contents of election of representatives to the People's Councils First, to establish legal regulations on election of People's Council representatives at all levels Second, the leadership of the Party committees at all levels, the management of the local government over the election of People's Council representatives at all levels Third, all citizens, election management agencies and the Vietnam Fatherland Front participate in the elections Fourth, communicating and campaigning for the election of People's Council representatives at all levels Fifth, strictly follow the election process and principles 2.3 Quality and factors affecting the quality of election of People's Council representatives at all levels 2.3.1 The quality of election of representatives to the People's Councils at all levels The quality of election of People's Councils at all levels is a combination of all factors, that create satisfaction of the election needs of People's Councils at all levels, including the quality of establishing legal regulations on election of People's Council representatives at all levels; the quality of the leadership of the Party committees at all levels, the management of the local government over the election of People's Council representatives at all levels; the quality of participation of citizens, election management agencies and the Vietnam Fatherland Front; the quality of communication and campaigning for the election of People's Council representatives at all levels and the quality of implementation of the election process and principles 2.3.2 Factors affecting the election of representatives to the People's Councils 2.3.2.1 The leadership of the Communist Party of Vietnam 2.3.2.2 State and local governments at all levels 2.3.2.3 Vietnam Fatherland Front and mass organizations 2.3.2.4 Citizens' intellectual level and political culture 2.3.2.5 Economic, cultural and social conditions Sub - conclusion of chapter The People's Council is the local state power agency, representing the will, aspirations and mastery of the people, elected by the local people, responsible to the local people and state agencies Election of People's Council representatives at all levels means that voters pass their ballots to consider and select the candidates most trusted by voters to delegate authority and represent them to participate in the governing bodies 13 According to the provisions of the Constitution, every years, after the expiration of the term of office of state agencies, elections and elections of People's Council representatives at all levels will be conducted according to four principles: universality, equality, directness and vote by secret ballot The Constitution also affirms that citizens who are at least 18 years old have the right to vote and 21 years or older have the right to stand for election to the National Assembly and People's Council Since 2011, the elections of National Assembly representatives and People's Council representatives at all levels have been held on the same day according to the content and process, including stages in accordance with the provisions of the Constitution and promulgated laws Chapter THE REALITY OF ELECTION OF THE PEOPLE'S COUNCIL AT ALL LEVELS IN VIETNAM 3.1 Reality of establishing legal regulations on election of representatives to the People's Councils at all levels 3.1.1 Achievements Since the first general election (January 6, 1946), Vietnam has held 14 elections for National Assembly representatives and People's Councils at all levels Through these terms, the legal regulations on election and election of People's Council representatives at all levels in our country have been gradually improved The legal provisions on election of People's Council representatives at all levels are closely related to the times the State promulgated the Constitution 1946, 1959, 1980, 1992, and 2013 Besides, the Law on election of delegates the National Assembly and the People's Council representatives through years and most recently the Law on Organization of the Government and the Law on Organization of Local Governments in 2019 In each period, the content of the regulations on election of People's Council representatives at all levels has been revised changed, supplemented and perfected in accordance with the guidelines and guidelines of the Party and the development practice of the country 3.1.2 Shortcomings and limitations Firstly, the Constitution and legal documents guiding the election of People's Council representatives in our country are not really synchronous and systematic Secondly, the content of the legal documents on election of People's Council representatives at all levels is not really clear; some terms are unscientific, inconsistent and inappropriate term, causing difficulties and confusion for the process of election implementation Thirdly, a number of legal documents regulating the election of People's Council representatives cannot guarantee proper legality, regulations and scientific contents 14 3.2 The reality of the leadership of the Party committees at all levels and the administration's management of the election of representatives to the People's Councils at all levels 3.2.1 Achievements First, the Party leads the formulation and promulgation of the constitution and law on election of People's Council representatives at all levels Second, the Party leads the work of selecting, training and fostering an elite contingent of party members to run for election to the People's Councils at all levels Third, the Party leads the communication and education to raise citizens' sense of responsibility for the election of People's Council representatives at all levels Fourth, the Party leads the election of People's Council representatives at all levels Fifth, the administrative role of the government in the election of People's Council representatives at all levels 3.2.2 Shortcomings and limitations First, the leadership of the Party committees at all levels in the negotiation to choose the candidate is still confused The proportion of delegate structure is still not really appropriate Second, the principle that party members are not allowed to stand for election by themselves, but must be introduced by competent party organizations (party organizations at the same level) is inadequate and limited 3.3 The reality of citizen participation and the role of electoral organizations and Vietnam Fatherland Front in the election of representatives to the People's Councils at all levels 3.3.1 Achievements 3.3.1.1 Participation of citizens in the election of People's Council representatives at all levels In the election of People's Councils at all levels, citizens participate in the election as voters or as candidates for positions of People's Councils at all levels In recent terms, over 90% of the people participated in the election 3.3.3.2 The role of electoral organizations and the Vietnam Fatherland Front in the election of representatives to the People's Councils at all levels About the organization of election of representatives to the People's Councils at all levels According to the current law of Vietnam, groups in charge of election of People's Council representatives at all levels are regulated to be established from central to local levels, including: Central Election Council; Election Commission; Election Board; Election team Teams in charge of elections shall be established in accordance with the order, procedures, deadlines, number and composition as prescribed by law, and closely coordinate with concerned agencies and organizations 15 in settling any possible complaints and denunciations during the election process and procedures About the role of the Vietnam Fatherland Front in the election of representatives to the People's Councils at all levels The Law on Elections stipulates that the Fatherland Front is the body presiding over democratic and equal consultations to create a consensus to include in the list of candidates truly representative delegates for the people to vote for In the stage of introducing and making a list of candidates for the People's Council election at all levels, the Fatherland Front plays the role of the presiding unit Accordingly, the negotiation process includes rounds and steps The results of the last terms show that the consultation and introduction of candidates for the National Assembly and People's Councils at all levels have basically ensured the law, democracy, objectivity, and met the set requirements 3.3.2 Shortcomings and limitations First, a group of voters are not fully aware and have an indifferent attitude towards the election of People's Councils at all levels Second, the issue of self-nomination is still inadequate, young candidates selfnominating are still not encouraged and are unlikely to be elected In addition, with the current leadership and direction mechanism, the activities of the election organizing agencies have sometimes been "administrated" and not adapted to the selfnomination and "popular" mechanism - still is a structural barrier Third, the role of the Fatherland Front and socio-political organizations has not been promoted in some places 3.4 Reality of communication and campaigning for the election of People's Council representatives 3.4.1 Achievements 3.4.4.1 About election communication Information, communication and campaigning for the election of People's Councils at all levels in the past tenures have been carried out quite methodically with diverse and vivid forms to help voters understand the meaning and importance of the election of the exercise of the right to vote; at the same time, contributing to the confidence of voters from preparation to voting; contributed significantly to the success and assurance of democracy in the election of People's Council representatives at all levels of our country 3.4.1.2 About campaigning In recent years, despite being not really professional, with the amendment and promulgation of the Law on Elections, the election campaigning process has been gradually improved according to the progressive trend, integrating with the international trend Campaign activities such as meeting and contacting voters through organizing conferences or through the mass media; report to voters on their expected 16 action plan in carrying out their duties as a delegate if elected by voters to be a member of the National Assembly and People's Council and discuss issues of concern to voters… is conducted regularly and more often 3.4.2 Shortcomings and limitations First, the Law on Election of People's Councils at all levels in terms of election campaigning is still inadeque; Second, the information about the candidates running for the People's Council election at all levels is sketchy and incomplete; Third, election communication is still too formal and far from reality 3.5 Actual situation of implementing process and procedures for election of representatives to the People's Councils at all levels in our country 3.5.1 Achievements 3.5.1.1 Announcing the election date and establishment of Election Board The election of National Assembly representatives and People's Council representatives at all levels on the same day has brought many advantages First, saving time and effort of leading agencies and people; Second, cost and budget savings from two elections to one election; Third, it is more convenient for citizens to stand for election and for the staff of the leading agencies, and at the same time, it is convenient for voters to introduce the most representative person to vote 3.5.1.2 Division of constituencies The constituency is established according to the administrative unit with a certain corresponding number of people and is entitled to elect a certain number of representatives to the National Assembly or the People's Council The recent election terms for People's Council representatives at all levels show that all constituencies are established in accordance with the law on competence, order, procedures, time and composition, and operate in accordance with the law their assigned functions and powers 3.5.1.3 Introducing candidates According to the Law, in order to have the official list of candidates, the Fatherland Front organizes basic consultation conferences between the organizations that are members The organization of consultation conferences is carried out democratically, frankly, on time and according to the procedures prescribed by law 3.5.1.4 Creation of the list of voters The organization tasked with making the list of voters is the Election Team This organization is responsible for verifying and determining the voting status of citizens according to regulations The compilation and posting of the list of voters for each term shall be carried out in a timely manner and within the time limit prescribed by law; ensure posting in public places, convenient for voters and people to check and comment to adjust information accurately and close to the actual situation 3.5.1.5 Voting 17 In accordance with the Constitution and the election law, the election of representatives to the People's Councils at all levels shall be conducted on the principle of secret ballot The organization of the election was carried out in accordance with the prescribed process and procedures 3.5.1.6 Counting the votes and determining the election results After the voting is over, the election teams will count the votes The counting of votes is conducted publicly, in accordance with regulations, ensuring the right to vote of citizens and the publicity and democracy of the election 3.5.2 Shortcomings and limitations Regarding fixing the election date and setting up the Election Board: The election of National Assembly representatives and People's Council representatives at all levels on the same day faces many difficulties in applying new documents with separate regulations The time limit of 105 days (equivalent to and a half months) to prepare for the election of representatives to the National Assembly and the election of People's Council representatives at all four levels is too short Regarding the establishment of the Election Board: The activities of the Election Boards are still limited and intermediate; The quality of the staff in charge is not really high, the number is high, and the tasks and qualifications are overlapped, leading to some mistakes in the organization For candidates and constituencies: Instructions for filling in dossiers and resumes for candidates are inconsistent There is still a subjective situation, based on experience in leading and directing consultation work in some places There is still a case where the distribution of candidates in a constituency has too far a difference in capacity and qualifications, causing the mentality of "blue army, red army"; The training, election inspection in some places is not specific, timely and close For the making of the voter list: there is still a situation where the voter information is wrong with his background and residence, the voter's name appears on several lists of different constituencies, or voters not on the list, while the review and adjustment are not timely, still confused Regarding voting activities, counting votes and determining election results: There is still a situation where voters go to vote without being reminded, not really fully aware of their responsibilities and powers; there is still the status of voting on behalf of, voting on behalf of The application of the amended and supplemented Law on Elections has many new points, the workload is very large, and it has to be implemented in a short time, so the counting of votes is still confusing, determining the results of the vote counting is sometimes slow than the specified time 3.6 Causes of the reality of election of representatives to the People's Councils at all levels in our country Through the analysis of the current situation of the election of People's Council representatives at all levels, especially in the two most recent terms (2011 - 2016) and 18 (2016 - 2021), it is possible to point out some possible factor affecting the results of the election The limitations and shortcomings in the election of representatives to the People's Councils at all levels are as follows: Reasons for the achievements First, there is the comprehensive, correct and timely leadership and direction of the Party committees and the close attention of the authorities at all levels The smooth coordination of the government with the Vietnamese Fatherland Front, especially the consultation stage Second, the people's intellectual level and civic consciousness of voters are increasingly improved The political culture of citizens has since been formed clearly Third, election communication and campaigning have basically performed their roles and responsibilities well Causes of the restrictions The limitations of the current situation of the election of representatives to the People's Councils at all levels stem from the following main reasons: Firstly, regarding the leadership of the Party committees and authorities at all levels, they have not kept up with the situation The mechanism of "Party leadership, State management and people's mastery" has not been specified, so the leadership of the Party committees is still confused, sometimes making excuses, sometimes even loosening; authorities at all levels have not been proactive, in directing they are still waiting for the leadership of the party committees; People show signs of dependence and expectation Secondly, there are some shortcomings in the establishment of election legislation such as too many regulatory documents, guiding documents and directives of all levels of Party committees and authorities at all levels are still general, overlapping, and numerous new regulations, so the implementation is still confused and passive Third, election communication and campaigning have not fully met the requirements of society so that people are fully aware of their rights and obligations for the election of People's Council representatives at all levels Many communication activities are still limited, inappropriate, unattractive, and have not created motivation to attract voters and candidates to run for office Sub - conclusion of chapter As one of the important political events of the country with the participation of the entire political system and the masses of the people, the election of National Assembly representatives and People's Council representatives at all levels in our country in the past few years have been evaluated as quite successful, ensuring the spirit of democracy, equality, and in accordance with the provisions of the Constitution and the law However, besides the positive aspects and the results achieved, the election of People's Councils at all levels in Vietnam currently still has 19 many limitations in the stages of the election process and content That is the inadequacy of many provisions in the law on election of People's Councils, which are still limited points in the leadership and direction of Party committees and authorities at all levels; those are limitations in awareness, attitudes and participation of citizens and social organizations in the election of People's Council representatives at all levels; The insufficient coordination of agencies and organizations in the election process of People's Councils at all levels also causes some problems that need further research, awareness and time; resolution to elect the National Assembly and People's Council representatives at all levels in the next term to achieve desired results Chapter SOLUTIONS TO IMPROVE THE QUALITY OF THE ELECTION OF THE PEOPLE'S COUNCIL AT ALL LEVEL IN THE NEXT TERM 4.1 Renovating and perfecting the law on election of representatives to the People's Councils at all levels Firstly, it is necessary to study and perfect the Law on Election of National Assembly representatives and the Law on Election of People's Council representatives at all levels Secondly, it is necessary to have specific regulations on the right to stand for election and the self-nomination regime for members of the People's Council at all levels Thirdly, it is necessary to define more clearly the process of consultation and selection of candidates Fourthly, it is necessary to stipulate a legal framework for professional election campaigning and communication 4.2 Strengthening the leadership of the Party committees and the management of the authorities at all levels for the election of representatives to the People's Councils First, ensure the absolute and direct leadership of the Party committees over and over the election of People's Council representatives at all levels Second, strengthen the leadership role of the Party in completing the legal regulations on election of People's Council representatives at all levels Third, strengthen the leadership role of party committees in building a contingent of cadres participating in People's Councils at all levels Fourth, strengthen the management role of governments at all levels in the election of People's Council representatives at all levels 4.3 Raising the awareness and responsibility of citizens; promoting the role of electoral organizations and the Fatherland Front in the election of representatives to the People's Councils at all levels 20 4.3.1 Raise citizens' awareness of the position, functions, tasks, powers and structure of the People's Council 4.3.2 Raise awareness and responsibility of citizens for the election of People's Council representatives at all levels 4.3.3 Uphold and promote the role of electoral organizations and the Fatherland Front in the election of People's Council representatives at all levels First, renovate the organization and operation of election management organizations Second, improve the quality of staff members of the National Election Council and local election teams Third, promote the role of the Fatherland Front in the election of People's Council representatives at all levels Fourth, promote the role and coordination of elements in the political system in the election of People's Council representatives at all levels Fifth, strengthen inspection and supervision of election activities of People's Council representatives at all levels 4.4 Renovating and improving the quality of communication and campaigning for the election of People's Council representatives at all levels Firstly, communicate and educate the legal consciousness and civic responsibility in the selection of People's Council representatives Second, increase the participation of the media; diversify forms of election communication and campaigning Third, expand and diversify advertising activities for the election Fourth, create forums, a healthy competitive environment for candidates Fifth, promote communication and supervision activities for candidates and representatives of People's Councils at all levels in the election Sixth, step up communication to fight against hostile forces taking advantage of the election to cause trouble, division, and sabotage the great unity bloc of the whole people 4.5 Renovating and perfecting the process and procedures for election of People's Councils at all levels For election date: there is a suitable election date, it is possible to announce the election date earlier and prolong the preparation time For electoral teams: it is necessary to soon supplement regulations to complete legal documents to specify the organization, tasks and powers of the National Electoral Council In addition, the organizations in charge of the election also need to have changes, strict regulations on structure, composition, duties and powers For candidates: It is necessary to specify more clearly the candidacy criteria in order to attract qualified, capable, qualified and reputable voters to participate in the 21 election It is necessary to organize election campaigns to ensure fairness among candidates, more diverse forms and content of contact with voters For making of the list of voters: The making of the list of voters should be conducted openly, democratically and objectively Regulations on the subjects who can make a list of voters to elect representatives to the People's Councils at all levels, should not discriminate in terms of form and duration of residence to ensure fairness and equality among voters For constituencies: It is necessary to design reasonable constituencies to ensure equality and representation, to ensure fairness and democracy for elections Renovating the consultation process, it is necessary to respect the opinions and will of the people and reduce the interference of state agencies For election results: it is necessary to amend the way the results are determined in the additional election according to the principle of relative majority The winner in the extra election is the one who gets more votes However, in order to elect qualified delegates and ensure their prestige before the electorate, a minimum percentage of votes should be obtained in the total number of valid votes 4.6 Selectively inheriting and absorbing international values and experiences on elections in accordance with the specific historical conditions of Vietnam Electoral democracy is a learning process that needs to be carried out by both doing and accumulating experiences in practice Reforming electoral regulations is necessary to build a quality representative agency system that meets the requirements of reality Of course, it is necessary to absorb and selectively inherit the progressive experiences of the world in accordance with the current institutions, political conditions and history of our country The following issues may be referred to: First, on the principle of free elections Second, about the method of determining the election In addition, it is also possible to refer to and apply other regulations of some countries in the world to the election of People's Council representatives at all levels and elections in general in our country in the following contents: the one-round election system to the two-round electoral system to create conditions for the people to have more choices and improve the quality of the delegates; 2) There are financial regulations – a deposit (which will be refunded if the candidate's share of the vote is more than 5%) or a specific pro-candidate signature requirement for the candidate voters when running for election (to ensure that all candidates running for election are supported by a certain number of voters); 3) Regulations on granting power for a definite time to members of People's Councils at all levels, but there is no limit to the term they can serve if they are still reputable and selected by the voters… 22 Sub - conclusion of chapter In the new conditions of building a socialist rule of law state, perfecting the political system and promoting international integration, the issue of electoral reform is strongly important Strengthening the leadership of the Party committees at all levels, the construction and management of the local government is one of the decisive solutions to improve the quality of election of People's Council representatives at all levels Amending, supplementing and changing to complete the provisions of the law on election of People's Council representatives at all levels is very important and necessary It is important to raise the awareness and responsibility of citizens and renovate the organization and operation of election management organizations and the Fatherland Front for the election of People's Councils at all levels Right perception paves the way for right action and high results Renovate communication, communication and campaigning activities to create a democratic environment for elections to take place The requirement to renew and perfect the process and procedures for election of People's Council representatives at all levels is also one of the important solutions to improve the quality of election of People's Council representatives at all levels in our country in the coming terms CONCLUSION Free, democratic, fair and lawful elections are considered the premise of democracy and are the most legitimate among the legal methods to establish a people's democratic government Through election activities, the people can express their will, aspirations, responsibilities and voluntary obligations to choose worthy delegates Elections and elections of representatives to People's Councils at all levels were carried out in Vietnam right after the national independence (August 1945), starting with the first General Election for the National Assembly Since then, the fundamental and progressive principles and regulations on democratic elections have been gradually established and perfected In the past years, along with important political events of the country, the election of representatives to the People's Councils at all levels has been proving the role of creating a democratic political institution, by the people, by the people people and for the people Through the elections of People's Council representatives at all levels, in addition to the basic results achieved, there are still some limitations and weaknesses in many stages in the election process, which significantly affect the election results Therefore, there have been many research works on this issue as a basis to improve and further improve the quality of the election of People's Council representatives at all levels in our country Research on theoretical issues on election of People's Council representatives at all levels: positions, functions, powers, representatives of 23 People's Councils, principles, processes, procedures, election content provided the basis (theoretical framework) for the study, analysis and assessment of the current situation of the election of People's Council representatives at all levels in recent terms Thereby seeing the results, successes achieved as well as the shortcomings, limitations and causes of existence and limitations as a basis for determining solutions to improve the quality of election of People's Council representatives at all levels in the coming terms In the context that the country is comprehensively promoting the renovation process, in the political field is building and perfecting the socialist rule of law state of the people, by the people and for the people, more than ever, the Proposing solutions, including breakthrough solutions to perfect and improve the quality of election of People's Council representatives at all levels in Vietnam in the coming time, is a requirement and imperative of life The system of solutions drawn from the study of the election of People's Council representatives at all levels in our country is not only a situational, immediate solution system, but more a radical solution system, long-term science contributes to improve the quality and effectiveness of the People's Council elections at all levels in our country, towards the formation of a scientific, democratic, free and fair electoral institution in accordance with the law At the same time, the system of solutions is also the recommendations to the Communist Party of Vietnam, to all levels of party committees, to the State and all levels of local government to renew the leadership of party committees at all levels, to create and the management of the authorities at all levels for the election and election of People's Councils at all levels so that each election is truly a people's festival It is a day to demonstrate the political strength of the great unity of the whole people, the day when the rights and obligations of citizens are affirmed, promoted and promoted in the selection of worthy delegates to join the authority, the highest power of the country and of the locality From there, it is enough to institutionalize and realize the Party's national development policy for the goal of a rich people, a strong country, democracy, justice and civilization in the direction of socialism Voting and electing People's Council representatives at all levels is not an individual task, but the share and consensus of the entire Party, people and army of the whole political system through self-awareness, conscience and responsibility of the representatives to the people and from the aspiration of the whole people under the leadership of the Party towards building a State institution, a democratic political institution compatible with economic institutions so as to form an economic-political institution that is harmonious, democratic and sustainable for the people's happiness 24 LIST OF PUBLISHED SCIENTIFIC ARTICLES RELATED TO THE THESIS Trần Thị Hoa Lê (2020), Đổi phương thức lãnh đạo Đảng đối vối bầu cử Hội đồng nhân dân cấp nước ta nay, Tạp chí Lý luận trị Truyền thơng số tháng 6/2020 Trần Thị Hoa Lê (2020), Tăng cường mở rộng công tác tuyên truyền, vận động bầu cử đại biểu Hội đồng nhân dân cấp nước ta nay, Tạp chí Cộng sản điện tử số 22/6/2020 Trần Thị Hoa Lê (2020), Vai trò lãnh đạo Đảng công tác bầu cử nước ta nay, Tạp chí cộng sản điện tử số 12/7/2020 Trần Thị Hoa Lê (2021), Nâng cao ý thức, trách nhiệm công dân vai trò tổ chức bầu cử, Mặt trận Tổ quốc với bầu cử đại biểu Hội đồng nhân dân cấp, Tạp chí Lý luận trị Truyền thông số tháng 4/2021 ... vối bầu cử Hội đồng nhân dân cấp nước ta nay, Tạp chí Lý luận trị Truyền thơng số tháng 6/2020 Trần Thị Hoa Lê (2020), Tăng cường mở rộng công tác tuyên truyền, vận động bầu cử đại biểu Hội đồng. .. Trần Thị Hoa Lê (2021), Nâng cao ý thức, trách nhiệm công dân vai trò tổ chức bầu cử, Mặt trận Tổ quốc với bầu cử đại biểu Hội đồng nhân dân cấp, Tạp chí Lý luận trị Truyền thông số tháng 4/2021... động bầu cử đại biểu Hội đồng nhân dân cấp nước ta nay, Tạp chí Cộng sản điện tử số 22/6/2020 Trần Thị Hoa Lê (2020), Vai trò lãnh đạo Đảng công tác bầu cử nước ta nay, Tạp chí cộng sản điện tử