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THE NATIONAL ASSEMBLY
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
31/2001/QH10
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Hanoi, December 25, 2001
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LAW
AMENDING AND SUPPLEMENTING A NUMBER OF
ARTICLES OF THE LAW
ON ELECTION OF DEPUTIES TO THE NATIONAL
ASSEMBLY
(No. 31/2001/QH10 of December 25,
2001)
Pursuant to the 1992 Constitution of the
Socialist Republic of Vietnam which was amended and supplemented under
Resolution No. 51/2001/QH10 of December 25, 2001 of the Xth National Assembly,
10th session;
This Law amends and supplements a number of articles of the Law on Election
of Deputies to the National Assembly which was adopted by the National Assembly
of the Socialist Republic of Vietnam on April 15, 1997.
Article 1.- To amend
and supplement a number of articles of the Law on Election of Deputies to the
National Assembly:
1. Point
1 of Article 3 is amended and supplemented as follows:
"1. To be loyal to the Fatherland and abide
by the Constitution of the Socialist Republic of Vietnam, to strive to implement
the renewal process for the cause of national industrialization and
modernization, thus making the people rich, the country string and the society
equitable, democratic and civilized;"
2.
Clause 1 of Article 8 is amended and supplemented as follows:
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3.
Article 9 is amended and supplemented as follows:
"Article
9.-
On the basis of the number of National Assembly
deputies prescribed in Article 8 of this Law, the tasks and powers of the
National Assembly and in order to ensure the rational proportion of
representatives of various strata of people in the National Assembly, after
consulting the Standing Board of Vietnam Fatherland Front Central Committee and
representatives of socio-political organizations, the National Assembly
Standing Committee shall, within ninety five days at most before the election
day, make the proposition on:
1. The proportion and composition of National Assembly
deputies;
2. The number of National Assembly deputies to
be elected from political organizations, socio-political organizations, social
organizations, people’s armed forces, as
well as central and local State agencies."
4. To
add the following Article 10a:
"Article
10a.-
The number of female National Assembly deputies
shall be proposed by the National Assembly Standing Committee at the suggestion
of the Presidium of Vietnam Women’s
Union Central Committee, thus ensuring that the number of female deputies is
appropriate."
5. The
first paragraph of Article 14 is amended and supplemented as follows:
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6. The
first paragraph of Article 15 is amended and supplemented as follows:
"Within ninety five days at most before the
election day, the Standing Board of the People’s
Council of the province or centrally-run city shall, after consulting the
People’s Committee and the
Standing Board of the Fatherland Front Committee of the same level, decide to
set up an Election Committee composed of between seven and eleven persons,
including the chairman, vice chairmen, secretary and members being
representatives of the Standing Board of the People’s
Council, the People’s Committee and
Father-land Front Committee of the same level as well as a number of concerned
agencies and organizations."
7. Article 23 is amended and supplemented as
follows:
"Article
23.-
1. Those, who are being deprived of the voting
right under legally effective judgments or rulings of the Court, serving prison
terms, temporarily detained or have lost their civil act capacity, shall not
have their names inscribed in the lists of voters.
2. If twenty four hours before the voting, the
persons defined in Clause 1 of this Article have their voting right restored,
are set free or certified by the competent agencies that they are no longer in
the state of losing civil act capacity, they shall have their names added to
the lists of voters and be given voter cards.
3. If the persons, whose names have already been
inscribed in the list of voters, are, by the time of voting, deprived of their
voting right by the Courts, have to serve prison terms, are temporarily
detained or lose their civil act capacity, the People’s
Committees of the communes, wards or townships shall delete their names from
the lists of voters and withdraw their voter cards."
8.
Clause 1 of Article 28 is amended and supplemented as follows:
"1. Citizens who stand for the National
Assembly election (nominees and independent candidates) according to the
provisions of this Law shall have to submit their candidacy dossiers within
sixty five days at most before the election day.
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a) An application for candidacy;
b) A curriculum vitae certified by the agency,
organization or unit where such person is working or by the People’s Committee of the commune, ward or township where
he/she resides;
c) A brief biography and three-color photos of 4
cm x 6 cm size."
9. Point
5 of Article 29 is amended and supplemented as follows:
"5. Those who are serving decisions on
administrative handling through education at communes, wards or townships, at
educational establishments, medical establishments, or who are put on
administrative probation.
Those who have already had their names inscribed
in the list of National Assembly candidates and, are, by the time the election
starts, prosecuted for criminal offenses, arrested in the acts of committing
crimes or lose their civil act capacity, shall have their names deleted by the
Election Council from the list of candidates for the National Assembly
election."
10. The
first and second paragraphs of Article 30 are amended and supplemented as
follows:
"The first consultative conference at the
central level shall be organized by the Presidium of the Vietnam Fatherland
Front Central Committee within eighty five days at most before the election day
with the participation of the Presidium of the Vietnam Fatherland Front Central
Committee and representatives of the leaderships of the Front’s member organizations.
The consultative conference shall negotiate on
the proportion, composition, and number of people of central agencies,
organizations and units to be elected as National Assembly deputies on the
basis of the proposition forwarded by the National Assembly Standing Committee.
The representatives of the Election Council, the National Assembly Standing
Committee and the Government shall be invited to attend this conference."
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"The first consultative conferences in the
provinces and centrally-run cities shall be organized by the Standing Boards of
the provincial/municipal Fatherland Front Committees within eighty five days at
most before the election day with the participation of the Standing Boards of
the Fatherland Front Committees, representatives of the leaderships of the
Front’s member organizations, and
representatives of the Standing Boards of the Fatherland Front Committees of
the rural districts, urban districts, provincial towns and cities.
The consultative conferences shall negotiate on
the proportion, composition, and number of people of local agencies,
organizations, and units to be elected as National Assembly deputies on the
basis of the proposition forwarded by the National Assembly Standing Committee.
The representatives of the Election Council, the Standing Boards of the People’s Councils and People’s
Committees shall be invited to attend these conferences."
12. Article 32 is amended and supplemented as
follows:
"Article
32.-
On the basis of the results of the first
consultative conferences prescribed in Articles 30 and 31 of this Law, within
eighty days at most before the election day, the National Assembly Standing
Committee shall make the first adjustment of the proportion, composition and
number of people of central and local agencies, organizations and units to be elected
as National Assembly deputies."
13. Article 33 is amended and supplemented as
follows:
"Article
33.-
On the basis of the first adjustment by the
National Assembly Standing Committee and the criteria of National Assembly
deputies, central and local agencies, organizations, and units, which have been
given the number of to-be deputies, shall proceed to recommend candidates for
the National Assembly election."
14. The
first and second paragraphs of Article 37 are amended and supplemented as
follows:
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The consultative conference shall base itself on
the criteria of the National Assembly deputies, the proportion, composition and
number of deputies to be elected from central agencies, organizations and units
as adjusted for the first time by the National Assembly Standing Committee to
draw up a preliminary list of candidates for the National Assembly election and
send it to the residence places of such candidates for comments by
voters."
15. The
first and second paragraphs of Article 38 are amended and supplemented as
follows:
"The second consultative conferences in the
provinces and centrally-run cities shall be organized by the Standing Boards of
the provincial/municipal Fatherland Front Committees within sixty days at most
before the election day, the composition of the participants to conferences
shall comply with the provisions in Article 31 of this Law.
The consultative conferences shall base itself
on the criteria of the National Assembly deputies, the proportion, composition
and number of deputies to be elected from local agencies, organizations and
units under the first adjustment by the National Assembly Standing Committee to
draw up a preliminary list of candidates for the National Assembly election and
send it to the residence places of such candidates for voters’ comments; for independent candidates, comments
shall be also collected from voters in their working places (if any)."
16.
Article 41 is amended and supplemented as follows:
"Article 41.-
On the basis of the results of the second
consultative conferences prescribed in Articles 37 and 38 of this Law, within
fifty days at most before the election day, the National Assembly Standing
Committee shall make the second adjustment of the proportion, composition and
number of people of central and local agencies, organizations and units to be
elected as National Assembly deputies."
17. The
second paragraph of Article 42 is amended and supplemented as follows:
"The consultative conference shall base
itself on the criteria of the National Assembly deputies, the proportion,
composition and number of deputies to be elected from central agencies,
organizations and units under the second adjustment by the National Assembly
Standing Committee and the voters comments to select and draw up the official
list of the National Assembly candidates."
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"The consultative conference shall base
itself on the criteria of the National Assembly deputies, the proportion,
composition and number of deputies to be elected from local agencies,
organizations and units under the second adjustment by the National Assembly
Standing Committee and the voters’
comments to select and draw up the official list of the National Assembly
candidates."
19.
Article 49 is added with Clause 3 and Clause 4 as follows:
"3. Anonymous denunciations shall not be
considered and handled.
4. The Election Council shall hand over all
dossiers of unsettled complaints and denunciations to the Standing Committee of
the National Assembly of new legislature, for settlement according to its
competence."
20. The
second paragraph of Article 54 is amended and supplemented as follows:
"The election day shall be a Sunday to be
fixed by the National Assembly Standing Committee and announced within one
hundred and five days at most before the election day."
Article 2.-
1. This Law takes effect after its promulgation.
2. The National Assembly Standing Committee, the
Government, and the Vietnam Fatherland Front Central Committee shall guide the
implementation of this Law.
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CHAIRMAN OF THE NATIONAL ASSEMBLY
Nguyen Van An