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THE NATIONAL
ASSEMBLY
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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Law No.
85/2015/QH13
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Hanoi, June 25,
2015
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LAW
ON
ELECTION OF DEPUTIES TO THE NATIONAL ASSEMBLY AND PEOPLE’S COUNCILS
Pursuant to Constitution of the Socialist
Republic of Vietnam;
The National Assembly promulgates a Law on
election of deputies to the National Assembly and People’s councils.
Chapter I
GENERAL PROVISIONS
Article 1. Rules for election
The election of deputies to the National Assembly
and People’s Councils shall be conducted in the principles of universal
suffrage, equality, direct voting and secret ballot.
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From the date on which the polling day is
announced, every 18-year-old or older citizen of the Socialist Republic of
Vietnam is entitled to vote in the election and every 21-year-old or older
citizen is entitled to stand for the election to the National Assembly and the
People’s Councils as prescribed in this Law.
Article 3. Standards applicable
to candidates
1. Candidates for the National Assembly deputies
are required to achieve standards applicable to the National Assembly deputies
as prescribed in Law on organization of the National Assembly.
2. Candidates for the People’s Council deputies are
required to achieve standards applicable to the People’s Council deputies as
prescribed in Law on organization of local governments.
Article 4. Responsibilities of
agencies and organizations for holding the election
1. The National Assembly shall decide the national
polling day for election of deputies to the National Assembly, election of
deputies to the People’s Councils; decide the by-election of deputies to the
National Assembly during a term; decide and establish the National Election
Commission.
2. The National Election Commission shall hold
election of deputies to the National Assembly; direct and give instructions in
election of deputies to the People’s Councils.
3. The
Standing committee of the National Assembly shall make proposal for numbers of
National Assembly deputies; determine proportion and composition of nominated
National Assembly candidates; give instructions in proportion, composition and
number of nominated candidates for the People’s Council deputies; supervise the
election of deputies to National Assembly and the People’s Councils, and ensure
that the election is conducted in the principles of democracy, legality, safety
and economy.
4. The Government shall direct Ministries,
ministerial-level agencies, Governmental agencies, People’s Committees to hold
the election as prescribed in regulations of law; carry out measures for
funding assurance, provide guidance on management and use of election funding,
ensure the communications, propagation, security, safety and other conditions
serving the election.
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6. Election
Commissions of central-affiliated cities and provinces (hereinafter referred to
as provinces) shall hold elections of deputies to the National Assembly in
local governments; Election Commissions of central-affiliated cities and
provinces, Election Commissions of suburban districts, districts,
district-level towns, provincial-affiliated cities, cities affiliated to
central-affiliated cities (hereinafter referred to as districts), Election
Commissions of communes, wards and towns (hereinafter referred to as communes)
shall hold elections of deputies to the People’s Councils of provinces,
districts and communes; Election Boards, Election Teams shall hold elections of
deputies to the National Assembly and the People’s Councils as prescribed in
this Law.
7. Standing boards of People’s Councils shall make
proposal for proportion, composition and number of the People’s Council
deputies at the same administrative level; Standing boards of People’s Councils
and People’s Committees shall, within their competence, supervise, inspect and
hold the elections as prescribed in this Law and relevant legislative
documents.
8. Regulatory agencies, political organizations,
socio-political organizations, social organizations, people's armed units,
public service providers and business organizations shall facilitate the
organizations in charge of election (hereinafter referred to as electoral
organizations) within their tasks and powers.
Article 5. The polling day
The polling day must be a Sunday and be announced
within 115 days before the polling day.
Article 6. Election funding
Election funding for election of deputies to the
National Assembly and People’s Councils shall be ensured by government budget.
Chapter II
PROPOSALS FOR PROPORTION,
COMPOSITION AND NUMBER OF NATIONAL ASSEMBLY DEPUTIES, PEOPLE’S COUNCIL
DEPUTIES; CONSTITUENCIES AND POLLING STATIONS
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Standing
committee of the National Assembly shall make a proposal for number of National
Assembly candidates in each province according to following rules:
1. Each province has at least three candidates who
reside and work in such province;
2. The remaining number of candidates shall be
determined according to the size of population and characteristics of each
province, provided that the total number of candidates to be elected to
National Assembly is five hundred candidates.
Article 8. Proposals for proportion
and composition of nominated National Assembly candidates
1. According to the proposal for number of National
Assembly candidates, within 105 days before the polling day, Standing Committee
of the National Assembly shall, with the consent of the Standing board of
Central committee of Vietnamese Fatherland Front and representatives of
socio-political organizations, make a proposal for proportion and composition
of National Assembly deputies, number of nominated National Assembly candidates
selected by political organizations, political-social organizations, social
organizations, people’s armed forces, regulatory agencies in central and local
governments in order to ensure the appropriate proportion of representatives
for the people in the National Assembly.
2. The number of ethnics who are nominated National
Assembly candidates shall be proposed by Standing Committee of the National
Assembly at the request of the National Assembly's Ethnic Council, provided
that at least 18% of total official National Assembly candidates are ethnics.
3. The number of women who are nominated National
Assembly candidates shall be proposed by Standing Committee of the National
Assembly at the request of the Presidium of Central Committee of Vietnam
Women's Union, provided that at least 35% of total official National Assembly
candidates are women.
4. The proposal for proportion, composition and
number of nominated National Assembly candidates made by Standing Committee of
the National Assembly shall be sent to the National Election Committee,
Standing board of Central committee of Vietnamese Fatherland Front, Election
Commissions of provinces, Standing board of Vietnamese Fatherland Front
Committees of provinces.
Article 9. Proposals for
proportion and composition of nominated People’s Council candidates
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1. Standing bodies of People’s Councils of
provinces, Standing bodies of People’s Councils of districts shall make
proposals for proportion, composition and number of nominated People’s Council
candidates of provinces or districts nominated by political organizations,
socio-political organizations, social organizations, people's armed units,
regulatory agencies at the same administrative level and inferior administrative
divisions, public service providers and business organizations in
administrative divisions, provided that at least 35% of total official People’s
Council candidates are women; the number of candidates who are ethnics shall be
determined according to actual condition of each local government;
2. Standing bodies of People’s Councils of communes
shall make proposals for proportion, composition and number of nominated
People’s Council candidates of communes selected by political organizations,
social-political organizations, social organizations, people's armed units,
regulatory agencies at the same level and villages, hamlets, mountain villages,
mountain hamlets (hereinafter referred to as villages), neighborhoods, public
service providers and business organizations in the administrative divisions,
provided that at least 35% of total official People’s Council candidates are
women; the number of candidates who are ethnics shall be determined according
to actual condition of each local government;
3. The proposal for proportion, composition and
number of nominated National Assembly candidates made by Standing board of a
People’s Council shall be sent to the National Election Committee, its superior
Standing body of the People’s Council, and the Standing board of Central
committee of Vietnamese Fatherland Front, Election Commissions at the same
administrative level.
Article 10. Constituencies
1. National Assembly deputies and People’s Council
deputies shall be elected by constituencies.
2. Every province shall be divided into
constituencies of National Assembly deputies.
Number of constituencies, list of constituencies
and number of National Assembly deputies to be elected in each constituency
shall, at the request of Election Commission of the province, be determined by
the National Election Commission according to the size of population and
announced within 80 days before the polling day.
3. Every province shall be divided into
constituencies of People’s Council deputies of provinces. Every district shall
be divided into constituencies of People’s Council deputies of districts. Every
commune shall be divided into constituencies of People’s Council deputies of
communes.
Number of constituencies of People’s Council
deputies of a province, a district or a commune, list of constituencies and
number of deputies to be elected in each constituency shall, at the request of
the People’s Committee at the same administrative level, be determined by the
Election Commission at the same administrative level and announced within 80
days before the polling day.
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Article 11. Polling stations
1. Each constituency of National Assembly deputies
and each constituency of People’s Council deputies shall be divided into
polling stations. The polling stations of National Assembly deputies and the
polling stations of People’s Council deputies are the same.
3. The places which may have separate polling
stations:
a) People's armed units;
b) Hospitals, maternity wards, convalescent homes,
the disabled care facilities, elderly people care facilities which there are at
least fifty electors;
c) Reform schools, detoxification units, detention
centers.
4. The determination of polling stations shall be
decided by People’s Committees of communes and approved by People’s Committees
of districts. Regarding districts having no commune or town, the determination
of polling stations shall be decided by People’s Committees of districts.
Chapter III
NATIONAL ELECTION
COMMISSION AND ELECTORAL ORGANIZATIONS IN LOCAL GOVERNMENTS
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Article 12. Organizational
structure of National Election Commission
1. National Election Commission shall be
established by the National Assembly and composed of between fifteen and twenty
one persons namely President, Deputy Presidents and members who are
representatives of Standing Committee of the National Assembly, the Government,
Central Commission of Vietnamese Fatherland Front and relevant agencies or
organizations.
2. The President of National Election Commission
shall be elected or discharged at the request of Standing Committee of the
National Assembly. Deputy Presidents and members of National Election
Commission shall be ratified by the National Assembly at the request of the
President of National Election Committee.
3. National Election Commission shall establish
Teams that help National Election Committee to perform their tasks and powers
in each field.
Article 13. Rules for
operation of National Election Commission
National Election Commission shall work
collectively under the majority rule. A meeting of National Election Commission
shall be held when it is attended by at least 2/3 of members; a decision is
ratified when it is voted for by more than half of the participating members.
National Election Commission shall take
responsibility to the National Assembly and send reports on their operation to
the National Assembly and Standing Committee of the National Assembly.
Article 14. General tasks and
powers of National Election Commission
1. Hold election of deputies to the National
Assembly.
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3. Direct the communications, propagation and
election campaigns.
4. Direct activities in terms of security, order,
social safety in the election.
5. Inspect and expedite the implementation of law
on election.
6. Promulgate forms of candidacy dossiers,
elector’s cards, ballot papers, internal regulations on polling booths, and
other forms used in the election.
Article 15. Tasks and powers
of National Election Commission in election of deputies to the National
Assembly
1. Define and announce the number of constituencies
of National Assembly deputies, the list of constituencies and the number of
candidates for National Assembly deputies in each constituency.
2. Receive and consider candidacy dossiers on
National Assembly candidates nominated by central political organizations,
social-political organizations, social organizations, people’s armed forces,
regulatory agencies; receive candidacy dossiers and lists of National Assembly
candidates sent by Election Commissions of provinces.
3. Send list of résumés, copies of brief biography
and income and asset declaration of National Assembly candidates nominated by
central political organizations, socio-political organizations, social
organizations, People’s armed forces, regulatory agencies to Standing board of
Central committee of Vietnamese Fatherland Front for consultations. Nominate
and send candidacy dossiers on National Assembly candidates nominated by the
Presidium of Central Commission of Vietnamese Fatherland Front to stand for
election in provinces.
4. Formulate and announce official lists of
National Assembly candidates in each constituency; cross out names of
candidates from the official lists of National Assembly candidates.
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6. Decide additional election and re-election of
National Assembly deputies or cancel election results and decide the
re-election day in the polling stations, constituencies of National Assembly
deputies having serious violations against regulations of law.
7. Certify and announce results of election of
deputies to the National Assembly nationwide; certify status of elected
National Assembly deputies.
8. Submit closing reports on the election
nationwide and certification results of status of elected National Assembly
deputies to the new National Assembly.
9. Settle complaints and denunciations of
activities in terms of election of deputies to the National Assembly; transfer
documents, complaints and denunciations in relation to elected National
Assembly deputies to Standing Committee of the National Assembly.
10. Manage and allocate election funding to
National Assembly deputies.
Article 16. Tasks and powers
of National Election Commission pertaining to direction and guidance on
activities in terms of election of deputies to the People’s Councils
1. Direct and give instructions in implementation
of regulations of law on election of deputies to People’s Councils.
2. Give instructions in operation of electoral
organizations of deputies to People’s Councils.
3. Inspect the organization of election of deputies
to the People’s Councils.
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Article 17. Tasks and powers
of the President, the Deputy Presidents and members of National Election
Commission
1. The President of National Election Commission
shall take responsibility to the National Assembly for operation of National
Election Commission and perform following tasks and powers:
a) Submit list of Deputy Presidents and members of
National Election Commission to the National Assembly for ratification;
b) Convene and preside over meetings of National
Election Commission;
c) Direct and manage operation of National Election
Commission;
d) Keep contact with members of National Election
Commission;
dd) Represent National Election Commission in
relationships with other agencies or organizations;
e) Perform other tasks and powers assigned by
National Election Commission.
2. The Deputy Presidents and members of National
Election Commission shall perform other tasks and powers assigned by National
Election Commission and take responsibility to National Election Commission for
their operation.
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Article 18. Working
relationship of National Election Commission
1. National Election Commission shall cooperate
with Standing Committee of the National Assembly in supervision and inspection
of election of deputies to the National Assembly and People’s Councils.
2. National Election Commission shall cooperate
with the Presidium of Central Commission of Vietnamese Fatherland Front in
consultation and nomination for National Assembly candidates, guidance on
consultation and nomination for People’s Council candidates and election
campaign.
3. National Election Commission shall cooperate
with Standing Committee of the National Assembly in supervision and inspection
of election of deputies to the National Assembly and People’s Councils.
4. National Election Committee shall direct and
provide instructions in election of deputies to the National Assembly and
People’s Councils for electoral organizations nationwide.
Article 19. Assisting units
and operating funding of National Election Commission
1. National Election Commission has assisting units
promulgated by Standing Committee of the National Assembly.
2. National Election Commission is entitled to requisition
officials and civil servants of regulatory agencies, political organizations
and political organizations to assist National Election Commission.
3. The operating funding of National Election
Commission shall be ensured by government budget.
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The tasks of National Election Commission shall be
completed after it submitted the closing report on the general election and
certification results of status of elected National Assembly deputies to the
new National Assembly and transferred the closing report and documents on
election of deputies to the National Assembly to the new Standing Committee of
the National Assembly.
Section 2. LOCAL ELECTORAL
ORGANIZATIONS
Article 21. Local electoral
organizations
Local electoral
organizations shall consist of:
1. Election
Commissions of provinces, districts, and communes (hereinafter referred to as
the Election Commissions).
2. Election Boards of National Assembly deputies,
Election Boards of People’s Council deputies of provinces, districts, and
communes (hereinafter referred to as the Election Boards).
3. Election Teams.
Article 22. Establishment,
proportion and composition of the Election Commissions
1. Within 105 days before the polling day, each
People’s Committee of province shall, with the consent of the Standing body of
People’s Council and the Standing Committee of Vietnamese Fatherland Front of
the province, decide the establishment of the Election Commission of province
to carry out election of deputies to the National Assembly and People’s Council
of province.
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The list of Election Commissions of the province
shall be sent to National Election Commission, Standing Committee of the
National Assembly, the Government, and Standing board of Central committee of
Vietnamese Fatherland Front.
2. Within 105 days before the polling day, each
People’s Committee of district or commune shall, with the consent of the
Standing body of People’s Council and the Standing Committee of Vietnamese
Fatherland Front of the district or commune, decide the establishment of the
Election Commission at the same administrative level to carry out election of
deputies to the People’s Councils.
Each Election
Commission of district shall consist of between eleven and fifteen members;
each Election Commission of commune shall consist of between nine and eleven
members. Members of each Election Commission of district or commune shall
consist of President, Deputy Presidents and members who are representatives of
Standing body of People’s Council, People’s Committee and Vietnamese Fatherland
Front of the district or commune and relevant agencies and organizations.
The list of the Election Commission of each
district or commune shall be sent to its superior Standing Committee of
People’s Council, People’s Committee and Standing Committee of Vietnamese
Fatherland Front.
Article 23. Tasks and powers
of the Election Commission
1. With regard to election of deputies to the
National Assembly, each Election Commission of province shall have following
tasks and powers:
a) Direct the preparation and organization of
election of deputies to the National Assembly in National Assembly constituencies
of the province; inspect and expedite implementation of law on election of
deputies to the National Assembly carried out by Election Boards and Election
Teams of National Assembly deputies;
b) Direct the communications and propagation and
election campaign of National Assembly deputies in the province;
c) Direct activities in terms of security, order,
social safety in the election of National Assembly deputies in the province;
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dd) Make list of National Assembly candidates by
constituencies and send reports to National Election Commission for decision;
e) Direct and inspect the formulating and posting
of electoral register;
g) Receive documents, ballot papers of National
Assembly deputies from People's Committees of provinces and distribute them to
Election Boards of National Assembly deputies within 25 days before the polling
day;
h) Settle complaints and denunciations of
activities in terms of election of deputies to the National Assembly carried
out by Election Boards and Election Teams of National Assembly deputies;
complaints and denunciations of activities in terms of election of deputies to
the National Assembly sent by Election Boards and Election Teams of National
Assembly deputies; complaints and denunciations of National Assembly
candidates;
i) Receive and inspect reports on election returns
of National Assembly deputies sent by Election Boards of National Assembly
deputies; make reports on election returns of National Assembly deputies in
local governments;
k) Send reports on organization of election of
deputies to the National Assembly at the request of National Election
Commission;
l) Transfer documents and reports on election
returns of National Assembly deputies to National Election Commission;
m) Hold additional election and re-election of
deputies to the National Assembly at the decision of National Election
Commission;
2. With regard to election of deputies to People’s
Councils, each Election Commission shall have following tasks and powers:
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b) Manage and allocate election funding to People’s
Council deputies at the same administrative level;
c) Direct the communications and propagation and
election campaign of National Assembly deputies at the same administrative
level;
d) Direct activities in terms of security, order,
social safety in election of deputies to the People’s Councils at the same
administrative level;
dd) Define and announce number of constituencies,
list of constituencies and number of candidates in each constituency of
People’s Council deputies at the same administrative level;
e) Receive and consider candidacy dossiers on
People’s Council candidates nominated by political organizations, socio-political
organizations, social organizations, People’s armed forces, regulatory
agencies, public service providers, and business organizations, villages and
candidacy dossiers of independent People’s Council candidates at the same
administrative level; send list of résumés, copies of brief biography and
income and asset declaration of nominated and independent People’s Council
candidates to Standing Committee of Vietnamese Fatherland Front at the same
administrative level for consultations;
g) Make and announce official list of People’s
Council candidates at the same administrative level by each constituency of
People’s Council deputies; cross out names of candidates from the officials
list of People’s Council candidates at the same administrative level;
h) Receive documents, ballot papers of People’s
Council deputies from the People's Committee at the same administrative level
and distribute them to Election Boards within 25 days before the polling day;
i) Receive and inspect reports on election returns
of People’s Council deputies at the same administrative level in each
constituency sent by Election Boards; and make reports on election returns of
People’s Council deputies at the same administrative level;
k) Hold additional election and re-election of
deputies to the People’s Council as prescribed in Articles 79, 80, 81 and 82 of
this Law;
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m) Submit closing reports on election returns of
People’s Council deputies and certification results of status of elected
People’s Council deputies at the same administrative level to the new People’s
Council;
n) Settle complaints and denunciations of
activities in terms of election of deputies to the People’s Council carried out
by Election Boards and Election Teams of People’s Council deputies; complaints
and denunciations of activities in terms of election of deputies to the
People’s Council sent by Election Boards and Election Teams of People’s Council
deputies; complaints and denunciations of National Assembly candidates; and
list of candidates of People’s Council deputies at the same administrative
level;
o) Transfer closing reports and documents on
election of People’s Council deputies to Standing board of the new People’s
Council at the same administrative level;
Article 24. Election Boards
1. Within 70 days before the polling day, with the
consent of the Standing body of People’s Council and the Standing Committee of
Vietnamese Fatherland Front at the same administrative level, each People’s
Committee of province shall decide the establishment of Election Boards, each
constituency of the province shall have one Election Board. Each Election Board
shall consist of between nine and fifteen members namely Head of board, Deputy
Heads of board and members who are representatives of Standing body of the
People’s Council, the People’s Council, and the Central Commission of
Vietnamese Fatherland Front at the same administrative level and relevant
agencies or organizations.
2. Within 70 days before the polling day, each
People’s Committee of province, district or commune shall, with the consent of
the Standing body of People’s Council and the Standing board of Central
committee of Vietnamese Fatherland Front at the same administrative level,
decide the establishment of Election Boards. Each Election Board of People's
Council deputies shall be established in a constituency at the same
administrative level and composed of representatives of regulatory agencies,
political organizations, socio-political organizations, and social
organizations. Each Election Board of People’s Council deputies of commune
shall also have representatives of electors in the commune.
Each Election Board of People's Council deputies of
province shall have between eleven and thirteen persons. Each Election Board of
People's Council deputies of district shall have between nine and eleven
persons. Each Election Board of People's Council deputies of commune shall have
between seven and nine persons. Each Election Board shall be composed of Head
of board, Deputy Heads of boards and members.
3. Tasks and powers of each Election Board:
a) Inspect and expedite implementation of
regulations of law on election carried out by Election Teams of the
constituency;
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c) Direct, inspect and expedite the arrangement of
polling booths and the election activities in polling booths;
d) Receive and distribute documents and ballot
papers to Election Teams within 15 days before the polling day;
dd) Receive, synthesize and inspect reports on
election returns sent by Election Teams; and make reports on election returns
of the constituency;
e) Settle complaints and denunciations of
activities in terms of election of deputies to the People’s Council carried out
by Election Teams; complaints and denunciations of activities sent by Election
Teams; receive and send complaints and denunciations of National Assembly
candidates to the Election Commission of province; and receive and send
complaints and denunciations of People’s Council candidates to the Election
Commission at the same administrative level;
g) Send reports on organization of election at the
instructions and request of National Election Commission and at the request of
Election Commission at the same administrative level;
h) Transfer documents on election of deputies to
the National Assembly to the Election Commission of province; and transfer
documents on election of deputies to the People’s Councils to the Election
Commission at the same administrative level;
i) Hold additional election or re-election (if
any).
Article 25. Election Teams
1. Within 50 days before the polling day, each
People’s Committee of commune shall, with the consent of the Standing body of
People’s Council and the Standing board of Central committee of Vietnamese
Fatherland Front of the commune, decide the establishment of Election Teams.
Each Election Team shall be established in a polling station to carry out
election of deputies to the National Assembly and People’s Councils. The
Election Team shall consist of between eleven and twenty one persons namely
Team leader, Secretary and members who are representatives of regulatory
agencies, political organizations, socio-political organizations, social
organizations, and representatives of electors in the commune.
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Each people's armed unit, which shall have a
separate polling station, which have an Election Team having between five and
nine members namely Team leader, Secretary and members who are representatives
of commander and soldiers in such people's armed unit.
In case any people's armed unit have the same
polling station with the local government, with the consent of the Standing
body of People’s Council and the Standing Committee of Vietnamese Fatherland
Front at the same administrative level, the People’s Committee of commune and
the commander of such people's armed unit shall decide the establishment of an
Election Team, which consist of between eleven and twenty one members namely
Team leader, Secretary and members who are representatives of regulatory
agencies, political organizations, socio-political organizations, social
organizations, representatives of electors in the local government,
representatives of commander and soldiers in such people's armed unit.
2. Tasks and powers of each Election Team:
a) Take charge of election in the polling station;
b) Arrange polling booths and prepare ballot-boxes;
c) Receive documents and ballot paper from the
Election Board; distribute electors’ cards and ballot papers stamped by the
Election Team to electors;
d) Regularly inform electors of the polling day,
polling booths and time for casting the ballots within 10 days before the
polling day;
dd) Ensure the implementation of regulations of law
on election and internal regulations on polling booths;
e) Settle complaints and denunciations of
activities carried out by the Election Team as prescribed in this Article;
receive and send complaints and denunciations of National Assembly candidates
or People’s Council deputies and complaints and denunciations beyond the
competence of the Election Team to the Election Commission at the same
administrative level;
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h) Transfer the reports on election returns and all
ballot papers to the People’s Committee of commune upon the completion of the
counting;
i) Send reports on organization of election as
prescribed by superior organizations in charge of election;
k) Hold by-election in the polling station (if
any).
Article 26. Rules for
operation of local electoral organizations
1. Local electoral organizations shall work
collectively under the majority rule. A meeting shall be held when it is
attended by at least 2/3 of members; a decision is ratified when it is voted
for by more than half of the participating members.
2. Competent agencies establishing electoral
organizations have right to requisition officials and civil servants of
regulatory agencies, socio-political organizations, social organizations, and
public service providers to assist activities related to the election.
Article 27. Persons prohibited
from participating in electoral organizations
Each candidate for National Assembly or People’s
Council election is prohibited from participating in any Election Board or
Election Team of the election constituency for which he/she stands. If above
candidate is a member of an Election Board or an Election Team of the election
constituency for which he/she stands, he/she is required have his/her name
crossed out from the list of members of electoral organizations before the date
on which the official list of candidates are announced. If the candidate fails
to apply for crossing out his/her from the list of the candidates, the agency
that make the decision on establishment of that Election Board or Election Team
shall cross out his/her from the list of members of electoral organizations and
replace with another member.
Article 28. Time for task
completion of local electoral organizations
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2. Every Election
Commission shall complete their tasks in terms of election of deputies to the
People’s Councils after the Election Commission submit closing reports on
election of People’s Council deputies and documents on election to the first
session of the new People’s Council at the same administrative level.
3. Every Election Board and Election Team of
People’s Council deputies shall complete their tasks in terms of election of
People’s Council deputies after the Election Commission closes reports on
election and results of election of deputies to the People’s Councils.
Chapter IV
ELECTORAL REGISTERS
Article 29. Rules for making
electoral registers
1. Every citizen having election right may be
recorded his/her name to an electoral register and given an elector’s card,
excluding cases prescribed in Clause 1 Article 30 of this Law.
2. Each citizen may be only recorded his/her name
to the electoral register in their permanent or temporary residence.
3. Every elector who temporarily reside in a local
government under 12 months or every elector who is a soldier of a people's
armed unit shall be recorded his/her name to the electoral register of National
Assembly deputies or People's Council deputies of the province or district
where he/she resides or is garrisoned.
4. Any Vietnamese citizen who comes back Vietnam
from foreign country within 24 hours from the time in which the electoral
register has been posted to 24 hours before the voting time shall present
his/her passport with Vietnamese nationality to the People’s Committee of
commune, then he/she shall be recorded his/her name to the electoral register
and receive an elector’s card of National Assembly deputies or People's Council
deputies of province, district and commune (if he/she presents the passport at
the permanent residence) or National Assembly deputies and People's Council
deputies of province and district (if he/she presents the passport at the
temporary residence).
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Article 30. Persons not having
names recorded to, crossed out from or added to electoral registers
1. The persons who are deprived of the voting right
under legally effective judgments or decisions of the Court, who are sentenced
to death awaiting execution, who are serving prison terms without suspended
sentences, and who are incapable of civil acts shall not have their names
registered in the electoral registers.
2. If the persons defined in Clause 1 of this
Article have their voting right restored, are set free or certified by the competent
agency that they are no longer incapable of civil acts until 24 hours before
the voting time, they shall have their names added to the electoral registers
and be given the electors’ cards as prescribed in Article 29 of this Law.
3. During the period from the time the electoral
register is posted to 24 hours before the voting time, if any person changes
his/her permanent residence outside the commune where he/she has his/name
recorded to the electoral register, his/her name shall be crossed out from such
electoral register and added to the new electoral register at his/her new
permanent residence to elect National Assembly deputies and People's Council
deputies of province, district and commune; if any person changes his/her
temporary residence outside the commune where he/she has his/name recorded to
the electoral register, his/her name shall be crossed out from such electoral
register and added to the new electoral register at his/her new temporary
residence to elect National Assembly deputies and People's Council deputies of
province and district.
4. The electors prescribed in Clause 5 Article 29
of this Law, until 24 hours before the voting time, are set free or released
from reform schools or detoxification centers shall have their names crossed
out from the electoral registers where their detention centers, reform schools
or detoxification centers are located, or have their names added to the
electoral registers where they reside permanently to elect National Assembly
deputies and People's Council deputies of province, district and commune or
have their names added to the electoral registers where they reside temporarily
to elect National Assembly deputies and People's Council deputies of province
and district.
5. If persons who have already had their names in
the electoral registers, are, before the voting time, deprived of their voting
right by the Court, having to serve prison terms, or incapable of civil acts,
the People’s Committee of the commune shall cross out their names from the
electoral registers and withdraw their electors’ cards.
Article 31. The power to make
electoral registers
1. The electoral registers shall be made by the
People’s Committee of the commune according to each polling station.
With regard to suburban districts having no commune
or commune-level town, the People’s Committees of districts shall make
electoral registers according to each polling station.
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Article 32. Posting electoral
registers
Within 40 days before the polling day, the agency
that makes electoral registers shall post it at the head office of People’s
Committee of communes and public places of the polling stations and
concurrently announce the posting so that the people can check the electoral
registers.
Article 33. Complaints about
electoral registers
When checking the electoral register, if any
mistake is detected therein, the people are entitled, within 30 days from the
date on which the list is posted, make a complaint about the electoral register
the agency that makes the electoral register. The electoral register-making
agency shall keep record of such complaints. Within 05 days from the date on
which the complaint is received, the electoral register-making agency shall
settle and inform the complainant of the settlement results.
In case the complainant disagrees with the
settlement carried out by the electoral register-making agency or his/her
complaint is not settled after the settlement deadline, he/she shall be
entitled to sue at People’s Court as prescribed in law on administrative
procedures.
Article 34. Voting in other
places
If, from the time the electoral register is posted
to the polling day, any elector moves to another place and cannot vote at the
place where his/her name has already been recorded to the electoral register,
he/she shall be entitled to ask for a certificate from the People’s Committee
of the concerned commune in order for he/she to have his/her name recorded to
the electoral register and vote National Assembly deputies and People's Council
deputies of the province the new place. When issuing the certificate, the
People’s Committee must immediately write down in the electoral register next
to the name of such elector "Vote elsewhere."
Chapter V
CANDIDACY AND CONSULTATION,
NOMINATION OF NATIONAL ASSEMBLY CANDIDATES AND PEOPLE'S COUNCIL DEPUTIES
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Article 35. Candidacy dossiers
and deadline for submitting candidacy dossiers
1. Citizens who stand for the National Assembly or
People’s Council election as prescribed in this Law shall submit their
candidacy dossiers within 70 days before the polling day.
2. A candidacy dossier includes:
a) An application for candidacy;
b) A curriculum vitae certified by the competent
agency, organization or unit;
c) A summarized biography;
d) Three color photos in 4 cm x 6 cm size;
dd) An income and asset declaration prescribed in
law on corruption prevention.
3. National Election Commission shall provide
guidance on this Article.
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1. Candidacy dossiers for National Assembly
deputies shall be submitted as follows:
a) Every candidate nominated by the political,
socio-political or social organizations, the People’s armed forces units or
regulatory agencies in central governments shall submit two candidacy dossiers
to National Election Commission;
b) Every candidate nominated by the political,
socio-political or social organizations, the People’s armed forces units,
central regulatory agencies, public service agencies or business organizations
in local governments and every independent candidate shall submit two candidacy
dossiers to the Election Commission of province where he/she resides or works
regularly;
c) After receiving and considering the candidates’
dossiers, and seeing that they conform to the provisions of this Law, National
Election Commission shall transfer the list of summarized biographies,
curriculum vitae and income and asset declarations of nominated candidates to
the Standing Committee of Central Committee of Vietnamese Fatherland Front. The Election Committees of province shall transfer
candidacy dossiers of nominated candidates and independent candidates of the
province to National Election Commission; transfer the list of
summarized biographies, curriculum vitae and income and asset declarations of
nominated candidates and independent candidates to the Standing Board of the Fatherland Front Committee of the province or
to include them into the list for consultation.
2. Each candidate for People’s Council election
shall submit a candidacy dossier to the Election Commission where he/she stands
for election. Each independent candidate or nominated candidate for People’s
Council election of a local government is required to reside or work regularly
in such local government.
After receiving and considering independent and
nominated candidates’ dossiers, and seeing that they conform to the provisions
of this Law, Election Commissions shall transfer the list of summarized
biographies, curriculum vitae and income and asset declarations of candidates
to the Standing board of Central committee of Vietnamese Fatherland Front at
the same administrative level to include them
into the list for consultation.
3. Each citizen is only entitled to submit
candidacy dossiers on People’s Council deputy election up to two administrative
levels in the same term; if the citizen has submitted a candidacy dossier on
National Assembly deputy election, he/she is only entitled to submit a
candidacy dossier on People’s Council deputy election in an administrative
level.
Article 37. Persons not
entitled to stand for the National Assembly and People’s Council election
1. The persons who are deprived of the right to
stand for election under legally effective judgments or decisions of the Court,
who are serving prison terms without suspended sentences, and who are limited
or incapable of civil acts.
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3. The persons who are serving penal sentences or
decisions of the Court.
4. The persons who already served penal sentences
or decisions of the Court but their criminal record have not yet been expunged.
5. The persons who are serving administrative
sanctions through reform schools, detoxification centers, or who are put on
administrative probation in communes.
Section 2. CONSULTATION AND
NOMINATION OF NATIONAL ASSEMBLY CANDIDATES AND ADJUSTMENTS TO PROPORTION,
COMPOSITION AND NUMBER OF NOMINATED NATIONAL ASSEMBLY CANDIDATES
Article 38. The first national
consultative conference
1. Within 95 days before the polling day, the first
national consultative conference shall be organized by the Presidium of the
Central Committee of Vietnamese Fatherland Front. The first national
consultative conference shall be composed of the Presidium of the Central
Committee of the Vietnam Fatherland Front and representatives of the leading
bodies of the member organizations of the Front. The representatives of
National Election Commission, Standing Committee of National Assembly and the
Government shall be invited to attend this conference.
2. The consultative conference shall agree on the
proportion, composition and number of the candidates nominated by the agencies,
organizations and units in central government for National Assembly election on
the basis of the proposition sent by Standing Committee of National Assembly.
3. The minutes of the consultative conference must
clearly state the composition and number of the participants, the process and
results of this conference and shall be immediately sent to Standing Committee
of National Assembly and National Election Commission.
Article 39. The first
provincial consultative conference
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2. The consultative conference shall agree on the
proportion, composition and number of the candidates nominated by the agencies,
organizations and units in local government for National Assembly election on
the basis of the proposition sent by Standing Committee of National Assembly.
3. The minutes of the consultative conference must
clearly state the composition and number of the participants, the process and
results of this conference and shall be immediately sent to Standing Committee
of National Assembly, National Election Commission and Standing board of
Central Committee of Vietnamese Fatherland Front and the Election Commission of
province.
Article 40. The first
Proposition of Standing Committee of the National Assembly
According to the first consultation results, not
later than 90 days before the polling day, Standing Committee of the National
Assembly shall make the first Proposition on the proportion, composition and
number of the people of the central and local agencies, organizations and units
to be elected as National Assembly deputies.
Article 41. Nomination of
candidates for the National Assembly election by the central agencies,
organizations and units
According to the first Proposition of Standing
Committee of the National Assembly and standards applicable to National
Assembly deputies, central agencies, organizations and units shall select and
nominate National Assembly candidates as follows:
1. The leading body of each political organization,
socio-political or social organization shall propose its people to be
candidates for the National Assembly election, gather comments from the first
conference of electors held in the working place(s) of such people. On the
basis of these comments, the leading body of the organization shall organize a
meeting of the expanded Executive Board or the expanded Presidium to discuss
and nominate the people to stand for the National Assembly election;
2. The leading board of a State agency shall, in
coordination with the Executive Committee of the agency’s Trade Union, propose
its people to be National Assembly candidate(s), gather comments from the first
conference of electors held in the working place(s) of such people. On the
basis of these comments, the leading board of the agency shall organize a
conference with the participation of the leading officials of the agency, the
Executive Committee of the Trade Union, representatives of the leading
officials of the affiliated units to discuss and nominate the agency’s
candidate(s) for the National Assembly election;
3. For a unit of the People’s armed forces, its
commander shall propose person(s) from the unit to be candidate(s) for the
National Assembly election, gather comments from the first conference of
electors held in the working place of such person(s). On the basis of these
comments, the commander of the unit shall organize a conference with the
participation of the leaders or commanders of the unit, the representative of
the Executive Committee of the Trade Union (if any), the representatives of the
soldiers of the immediate-lower commanding officers to discuss and nominate the
person(s) of the unit to stand for the National Assembly election;
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5. The central agencies, organizations and units
that nominate candidates for the National Assembly election shall transfer the
minutes of the first conference of electors and the minutes of the leading
board conference to Standing board of Central committee of Vietnamese
Fatherland Front before the second consultative conference is organized.
Article 42. Nomination of
candidates for the National Assembly election by the local agencies,
organizations and units
According to the first Proposition of Standing
Committee of the National Assembly and standards applicable to National
Assembly deputies, local agencies, organizations and units shall select and
nominate National Assembly candidates as follows:
1. The leading body of each political organization,
socio-political or social organization shall propose its people to be
candidates for the National Assembly election, gather comments from the first
conference of electors held in the working place(s) of such people. On the
basis of these comments, the leading body of the organization shall organize a
meeting of the expanded Executive Board and nominate the people to stand for
the National Assembly election;
2. The leading board of a State agency, a public
service provider, or a business organization shall, in coordination with the
Executive Committee of the agency’s Trade Union, propose its people to be
National Assembly candidate(s), gather comments from the first conference of
electors held in the working place(s) of such people. On the basis of these
comments, the leading board of the agency shall organize a conference with the
participation of the leading officials of the agency, the Executive Committee
of the Trade Union, representatives of the leading officials of the affiliated
units to discuss and nominate the agency’s candidate(s) for the National
Assembly election;
3. For a unit of the People’s armed forces, its
commander shall propose person(s) from the unit to be candidate(s) for the
National Assembly election, gather comments from the first conference of
electors held in the working place of such person(s). On the basis of these
comments, the commander of the unit shall organize a conference with the
participation of the leaders or commanders of the unit, the representative of
the Executive Committee of the Trade Union (if any), the representatives of the
soldiers of the immediate-lower commanding officers to discuss and nominate the
person(s) of the unit to stand for the National Assembly election;
4. The first conference of electors mentioned in
this Article shall be conducted in accordance with the provisions of Article 45
of this Law;
5. The central agencies, organizations and units
that nominate candidates for the National Assembly election shall transfer the
minutes of the first conference of electors and the minutes of the leading
board conference to Standing board of Central committee of Vietnamese
Fatherland Front before the second consultative conference is organized.
Article 43. The second
national consultative conference
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2. The second consultative conference shall, on the
basis of the standards applicable to the National Assembly deputies, the
proportion, composition and number of deputies to be elected from the central
agencies, organizations and units as proposed in the first Proposition by
Standing Committee of the National Assembly, draw up a preliminary list of
candidates for the National Assembly election and distribute it to the electors
in the places of residence of the candidates for their comments. The conference
of electors mentioned in this Article shall be conducted in accordance with the
provisions of Article 45 of this Law.
3. The minutes of the consultative conference must
clearly state the composition and number of the participants, the process and
results of this conference and shall be immediately sent to Standing Committee
of National Assembly and National Election Commission.
Article 44. The second
provincial consultative conference
1. Within 65 days before the polling day, the
second provincial consultative conference shall be organized by the Standing
board of Central Committee of Vietnamese Fatherland Front of the province. The
composition of the second provincial consultative conference shall comply with
Clause 1 Article 39 of this Law.
2. The second consultative conference shall, on the
basis of the standards applicable to the National Assembly deputies, the
proportion, composition and number of deputies to be elected from the central
agencies, organizations and units as proposed in the first Proposition by
Standing Committee of the National Assembly, draw up a preliminary list of
candidates for the National Assembly election and distribute it to the electors
in the places of residence of the candidates for their comments; for
independent candidates (if any), comments shall be also collected from electors
in their working place(s). The conference of electors mentioned in this Article
shall be conducted in accordance with the provisions of Article 45 of this Law;
3. The minutes of the consultative conference must
clearly state the composition and number of the participants, the process and
results of this conference and shall be immediately sent to Standing Committee
of National Assembly, National Election Commission and Standing board of
Central Committee of Vietnamese Fatherland Front and the Election Commission of
the province.
Article 45. The first
conference of electors
1. The first conference of electors in a commune
organized in each village, where National Assembly candidate(s) permanently
resides, shall be convened and chaired jointly by the Standing Board of the
Fatherland Front Committee of such village and the People’s Committee at the
same administrative level.
The National Assembly candidates, representatives
of their agencies, organizations and units shall be invited to attend this
conference.
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The National Assembly candidates shall be invited
to attend this conference.
3. At the first conferences, the electors shall
make their comments on the basis of the standards applicable to National
Assembly deputies and make a vote of confidence for the candidates by either a
show of hands or secret ballots under the decision of the conference.
4. The minutes of the first conference of electors
to collect comments on National Assembly candidates must clearly state the
composition and number of the participants, the process and results of this
conference. The minutes of the first conference of electors to collect comments
on the persons nominated by central agencies, organizations and units shall be
sent to the Standing Board of Central Committee of Vietnamese Fatherland Front.
The minutes of the first conference of electors to collect comments on the
persons nominated by local agencies, organizations, and units and on the
independent candidates shall be sent to the Standing Board of Vietnamese
Fatherland Front Committee of the province.
5. Standing Committee
of the National Assembly shall provide guidance on organization of the
first conference of electors prescribed in this
Article.
Article 46. Verifying and
answering the electors’ questions relating to the candidates for the National
Assembly election
1. For the questions relating to the candidate’s
working place, the agency, organization or unit directly managing the candidate
shall be responsible for verifying and making a written reply to the Standing
Board of Central Committee of Vietnamese fatherland Front, the Standing Board
of the Vietnamese Fatherland Front Committee of the province.
If the candidate is the head of the agency,
organization or unit, the superior agency shall be responsible for verifying
and making a reply. If the agency, organization or unit does not have any
superior managing agency, the agency competent to decide the establishment of
such agency, organization or unit shall be responsible for verifying and making
a reply.
2. For the questions relating to the candidate’s
residential area, the agency, organization or unit nominating the candidate
shall, in coordination with the People’s Committee of the commune, verify and
make a written reply to the Standing Board of Central Committee of Vietnamese
Fatherland Front and the Standing Board of Vietnamese Fatherland Front
Committee of the province.
3. For an independent candidate, the Election
Committee shall, in coordination with the agency, organization or unit directly
managing such candidate or the People’s Committee of the commune where he/she
resides, verify and make a written reply to the Standing Board of Vietnamese
Fatherland Front Committee of the province.
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Article 47. The second
Proposition of Standing Committee of the National Assembly
According to the second consultation results, not
later than 55 days before the polling day, Standing Committee of the National
Assembly shall make the second Proposition on the proportion, composition and
number of the people of the central and local agencies, organizations and units
to be elected as National Assembly deputies.
Article 48. The third national
consultative conference
1. Within 35 days before the polling day, the third
central consultative conference shall be organized by the Presidium of the
Central Committee of Vietnamese Fatherland Front. The composition of the third
consultative conference shall comply with Clause 1 Article 38 of this Law.
2. The third consultative conference shall, on the
basis of the standards applicable to the National Assembly deputies, the
proportion, composition and number of deputies to be elected from the central
agencies, organizations and units as proposed in the second Proposition by
Standing Committee of the National Assembly and the electors’ comments to
select, draw up a preliminary list of candidates for the National Assembly election.
3. The minutes of the consultative conference must
clearly state the composition and number of the participants, the process and
results of this conference and shall be immediately sent to Standing Committee
of National Assembly and National Election Commission.
Article 49. The third
provincial consultative conference
1. Within 35 days before the polling day, the third
provincial consultative conference shall be organized by the Standing board of
Vietnamese Fatherland Front Committee of province. The composition of the third
provincial consultative conference shall comply with Clause 1 Article 39 of
this Law.
2. The third consultative conference shall, on the
basis of the standards applicable to the National Assembly deputies, the
proportion, composition and number of deputies to be elected from the central
agencies, organizations and units as proposed in the second Proposition by
Standing Committee of the National Assembly and the electors’ comments to
select, draw up a preliminary list of candidates for the National Assembly
election.
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Section 3. CONSULTATION AND
NOMINATION OF PEOPLE’S COUNCIL CANDIDATES AND ADJUSTMENT TO PROPORTION, COMPOSITION
AND NUMBER OF NOMINATED PEOPLE’S COUNCIL CANDIDATES
Article 50. The first
consultative conference
1. Within 95 days before the polling day, the first
consultative conference at each administrative level shall be organized by the
Standing board of Vietnamese Fatherland Front Committee at the same
administrative level. The first consultative conference shall be composed of
the Standing board of Vietnamese Fatherland Front Committee, and
representatives of the leading boards of the member organizations of the Front.
The representatives of Election Commission, Standing body of People’s Council
and People's Committee at the same administrative level shall be invited to
attend this conference.
2. The first consultative conference of a province
or a district shall agree on the proportion, composition and number of the
People’s Council candidates nominated by the political organizations,
socio-political organizations, social organizations, people's armed units, and
State agencies at the same administrative level and public service providers,
business organizations, and inferior administrative units in the administrative
division.
3. The first consultative conference of a commune
shall agree on the proportion, composition and number of the People’s Council candidates
nominated by the political organizations, socio-political organizations, social
organizations, people's armed units, and State agencies at the same
administrative level and public service providers, business organizations, and
villages in the administrative division.
4. The minutes of the consultative conference must
clearly state the composition and number of the participants, the process and
results of this conference.
The minutes of the consultative conference of the
province shall be immediately sent to Standing Committee of National Assembly
and National Election Commission, the Government, Central committee of
Vietnamese Fatherland Front and Standing board of People’s Council, and
Election Commission at the same administrative level.
The minutes of the consultative conference of the
district and commune shall be immediately sent to Standing board of People’s
Council, People’s Committee, Vietnamese Fatherland Front Committee of superior
authority and Standing board of People’s Council and Election Commission at the
same administrative level.
Article 51. Adjusting
proportion, composition and number of People’s Council candidates by the
Standing board of People’s Council
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2. According to the first consultation results, not
later than 90 days before the polling day, Standing board of People’s Council
of the commune shall make a Proposition on the proportion, composition and
number of the people of the local agencies, organizations, units and villages
to be elected as People’s Council deputies.
Article 52. Nomination of
candidates for the People’s Council election by the local agencies,
organizations and units
According to the first consultation results and the
Proposition of Standing board of People’s Council and standards applicable to
People’s Council deputies, local agencies, organizations and units and villages
(for commune level) shall select and nominate People’s Council candidates as
follows:
1. The leading body of each political organization,
socio-political or social organization shall propose its people to be
candidates for the People’s Council election, gather comments from the first
conference of electors held in the working place(s) of such people. On the
basis of these comments, the leading body of the organization shall organize a
meeting of the expanded Executive Board and nominate the people to stand for
the People’s Council election;
2. The leading board of a State agency, a public
service provider, or a business organization shall, in coordination with the
Executive Committee of the agency’s Trade Union, propose its people to be
People’s Council candidate(s), gather comments from the first conference of
electors held in the working place(s) of such people. On the basis of these
comments, the leading board of the agency shall organize a conference with the
participation of the leading officials of the agency, the Executive Committee
of the Trade Union, representatives of the leading officials of the affiliated
units to discuss and nominate the agency’s candidate(s) for the People’s
Council election;
3. For a unit of the People’s armed forces, its
commander shall propose person(s) from the unit to be candidate(s) for the
People’s Council election, gather comments from the first conference of
electors held in the working place of such person(s). On the basis of these
comments, the commander of the unit shall organize a conference with the
participation of the leaders or commanders of the unit, the representative of
the Executive Committee of the Trade Union (if any), the representatives of the
soldiers of the immediate-lower commanding officers to discuss and nominate the
person(s) of the unit to stand for the People’s Council election;
4. The Front board in a village shall, in
coordination with the Head of the village, propose its people to be People’s
Council candidate(s) of the commune, and organize the first conference to
discuss and nominate the person(s) to stand for the People’s Council election
of the commune.
The nomination of People’s Council candidates of
communes in villages shall by prescribed by Standing committee of the National
Assembly;
5. The first conference of electors mentioned in
this Article shall be conducted in accordance with the provisions of Article 54
of this Law;
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The Front board shall transfer the minutes of the
first conference of electors in village related to discussion and nomination of
People’s Council candidates of the commune to the Standing board of Vietnamese
Fatherland Front Committee of the commune.
Article 53. The second
consultative conference
Within 65 days before the polling day, the second
provincial consultative conference at each administrative level shall be
organized by the Standing board of Vietnamese Fatherland Front Committee at the
same administrative level. The composition of the second consultative conference
shall comply with Clause 1 Article 50 of this Law.
2. The second consultative conference shall, on the
basis of the standards applicable to the People’s Council deputies, the
proportion, composition and number of nominated candidates, draw up a
preliminary list of candidates for the People’s Council election and distribute
it to the electors in the places of residence and the working place(s) of the
nominated and independent candidates for their comments. The conference of
electors mentioned in this Article shall be conducted in accordance with the
provisions of Article 54 of this Law;
3. The minutes of the consultative conference must
clearly state the composition and number of the participants, the process and
results of this conference.
The minutes of the consultative conference of the
province shall be immediately sent to Standing Committee of National Assembly,
National Election Commission, the Government, Central committee of Vietnamese
Fatherland Front and Standing board of People’s Council and Election Commission
at the same administrative level.
The minutes of the consultative conference of the
district and commune shall be immediately sent to Standing board of People’s
Council, People’s Committee, Vietnamese Fatherland Front Committee of superior
authority and Standing board of People’s Council and Election Commission at the
same administrative level.
Article 54. The first
conference of electors
1. The first conference of electors in a commune
organized in each village shall be convened and chaired jointly by the Standing
Board of the Vietnamese Fatherland Front Committee of such village and the
People’s Committee at the same administrative level.
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3. The People’s Council candidates, representatives
of their agencies, organizations units and the village shall be invited to
attend this conference.
4. At the first conferences, the electors shall
make their comments on the basis of the standards applicable to People’s
Council deputies and make a vote of confidence for the candidates by either a
show of hands or secret ballots under the decision of the conference.
5. The minutes of the first conference of electors
to collect comments on People’s Council candidates must clearly state the
composition and number of the participants, the process and results of this
conference. The minutes of the first conference of electors to collect comments
on People’s Council candidates shall be sent to Standing board of Vietnamese
Fatherland Front Committee at the same administrative level for the third
consultative conference.
6. Standing
Committee of the National Assembly shall provide guidance on organization of
the first conference of electors
prescribed in this Article.
Article 55. Verifying and
answering the electors’ questions relating to the candidates for the People’s
Council election
1. For the questions relating to the candidate’s
working place, the agency, organization or unit directly managing the candidate
shall be responsible for verifying and making a written reply to the Standing
Board of Vietnamese fatherland Front Committee at the same administrative
level.
If the candidate is the head of the agency,
organization or unit, the superior agency shall be responsible for verifying
and making a reply. If the agency, organization or unit does not have any
superior managing agency, the agency competent to decide the establishment of
such agency, organization or unit shall be responsible for verifying and making
a reply.
2. For the questions relating to the candidate’s
working place, the agency, organization or unit directly managing the candidate
shall, in coordination with the People’s Committee of the commune, be
responsible for verifying and making a written reply to the Standing Board of
Vietnamese fatherland Front Committee at the same administrative level.
3. For an independent candidate, the Election
Commission shall, in coordination with the agency, organization or unit
directly managing such candidate or the People’s Committee of the commune where
he/she resides, verify and make a written reply to the Standing Board of
Vietnamese Fatherland Front Committee of at the same administrative level.
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Article 56. The third
consultative conference
1. Within 35 days before the polling day, the third
provincial consultative conference at each level shall be organized by the
Standing board of Vietnamese Fatherland Front Committee at the same
administrative level. The composition of the third consultative conference
shall comply with Clause 1 Article 50 of this Law.
2. The third consultative conference shall, on the
basis of the standards applicable to the People’s Council deputies, the
proportion, composition and number of nominated candidates and electors’
comments, draw up a preliminary list of candidates for the People’s Council
election.
3. The minutes of the third consultative conference
must clearly state the composition and number of the participants, the process
and results of this conference.
The minutes of the consultative conference of the
province shall be immediately sent to Standing Committee of National Assembly,
National Election Commission, the Government, Central committee of Vietnamese
Fatherland Front and Standing board of People’s Council and Election Commission
at the same administrative level.
The minutes of the consultative conference of the
district and commune shall be immediately sent to Standing board of People’s
Council, People’s Committee, Vietnamese Fatherland Front Committee of superior
authority and Standing board of People’s Council and Election Commission at the
same administrative level.
Section 4. LIST OF CANDIDATES
Article 57. List of candidates
for the National Assembly election
1. Within 30 days before the polling day, the
Standing Board of Central Committee of Vietnamese Fatherland Front shall send
to the Election Council the minutes of the third consultative conference and
the list of qualified National Assembly candidates nominated by the Presidium
of the Central Committee of Vietnamese Fatherland Front.
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3. According to the list of qualified candidates
nominated by the Presidium of the Central Committee of Vietnamese Fatherland
Front, National Election Commission shall send to each Election Committee of
province a list of nominated candidates in such province.
4. Within 25 days before the polling day, National
Election Commission shall draw up and announce the list of candidates for each
constituency in the whole country according to the list sent by the Standing
Board of Central Committee of Vietnamese Fatherland Front and the Election
Commissions.
5. The official list of candidates must clearly
state their full names, dates of birth, gender, native places, places of
permanent residence, race, religions, educational level, specialty, profession,
working position and places. The candidates’ names shall be arranged in the
alphabetical order.
Each candidate shall only have his/her name included
in the list of National Assembly candidates of one constituency.
6. The number of National Assembly candidates in
the list for each constituency must be at least two people greater than the
number of deputies to be elected therein. If there is any vacancy of a National
Assembly candidate in a constituency due to force majeure event, National
Election Commission shall consider making decision.
7. Within 20 days before the polling day, Election
Commission of the province shall announce the list of National Assembly
candidates in such province as decided by National Election Commission.
Article 58. List of candidates
for the People’s Council election
1. Within 30 days before the polling day, the
Standing Board of Vietnamese Fatherland Front Committee of the province shall
send the minutes of the third consultative conference and the list of qualified
People’s Council candidates to National Election Commission, Standing committee
of the National Assembly, the Government, Central Commission of Vietnamese Fatherland
Front and Standing board of People’s Council and Election Commission at the
same administrative level; the Standing Board of Vietnamese Fatherland Front
Committee of the district or commune shall send the minutes of the third
consultative conference and the list of qualified People’s Council candidates
to Standing board of superior People’s Council, People’s Committee, Vietnamese
Fatherland Front Committee and Standing board of People’s Council, Election
Commission at the same administrative level.
2. Within 25 days before the polling day, Election
Commission shall draw up and announce the official list of People’s Council
candidates for each constituency.
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3. The number of National Assembly candidates in
the list for each constituency must be greater than the number of deputies to
be elected therein; if the constituency has three deputies to be elected, the
number of candidates in the list must be at least two people greater than the
number of deputies to be elected therein; if the constituency has at least four
deputies to be elected, the number of candidates in the list must be at least
three people greater than the number of deputies to be elected therein. If
there is any vacancy of a People’s Council candidate in a constituency due to
force majeure event, National Election Commission shall provide guidance.
Article 59. Posting the list
of candidates
Within 20 days before the polling day, each
Election Team must post the official list of National Assembly and People’s
Council candidates in the polling station.
Article 60. Crossing out the
candidates’ names from the lists of National Assembly and People’s Council
candidates
1. If any person, who has his/her name included in
the official list of National Assembly candidates announced by National
Election Commission, is prosecuted for penal liability, arrested for offenses
with evidence, incapable of civil acts, dies, or commit serious violations
against law on voting before the voting time, National Election Commission
shall cross their name from the list of National Assembly candidates.
2. If any person, who has his/her name included in
the official list of People’s Council candidates announced by the Election
Commission, is prosecuted for penal liability, arrested for offenses with
evidence, incapable of civil acts, dies, or commit serious violations against
law on voting before the voting time, National Election Commission and Standing
board of Vietnamese Fatherland Front Committee at the same administrative level
shall jointly cross their name from the list of People’s Council candidates.
Article 61. Complaints and
denunciations of candidates and lists of candidates
1. Every citizen is entitled to lodge denunciations
of candidates, make complaints, denunciations or petitions against errors in
the listings of candidates. The complaints, denunciations or petitions shall be
lodged as follows:
a) The complaints, denunciations or petitions related
to National Assembly candidates, listings of National Assembly candidates shall
be sent to Election Boards of National Assembly deputies, Election Commissions
of provinces and National Election Commission. If
the complainant, denouncer or petitioner disagrees with the settlement by the
Election Board or the Election Commission, he/she shall be entitled to lodge a
complaint to National Election Commission. The decision of National Election
Commission shall be the final decision;
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c) The Election Board, the Election Commission or
the National Election Commission shall keep record and settle such complaints,
denunciations and petitions according to their competence.
2. Within 10 days before the polling day, National
Election Commission, Election Commissions and the Election Boards shall stop
considering and settling all complaints, denunciations and petitions relating
to the candidates and the listings of candidates.
If a complaint or denunciations has obvious
evidence to conclude that a candidate does not satisfy standards applicable to
the National Assembly or People’s Council deputy, National Election Commission
(for National Assembly election) or Election Commission at the equivalent
administrative level (for People’s Council election) shall decide to cross out
the candidate’s name from the official list of candidates before the polling
day and send notification to electors.
3. Any letter of denunciations without the
denouncer’s full name or under impersonation shall not be settled.
4. National Election Commission, Election
Commissions of provinces, districts and communes shall transfer all documents
on complaints and denunciations without settlement to Standing Committee of the
National Assembly (for National Assembly election) or Standing boards of new
People’s Councils at the same administrative level (for People’s Council
election) for continuous settlement within their competence.
Chapter VI
ELECTION PROPAGATION AND
CAMPAIGNS
Article 62. Responsibilities
of agencies and organizations in charge of election communications, propagation
and campaigns
1. National Election Commission shall direct the
activities in terms of election communications, propagation and campaigns
nationwide; Election Commissions shall direct the activities in terms of
election communications, propagation and campaigns, and settlement of
complaints or denunciations in relation to election campaign of local
governments.
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3. The Standing board of Vietnamese Fatherland
Front Committee of each province shall organize the second conference of
electors for the National Assembly candidates. The Standing board of Vietnamese
Fatherland Front Committee of each province, district or commune shall organize
the second conference of electors for the People’s Council candidates at the
same administrative level, each People’s Committee shall cooperate with
Standing board of Vietnamese Fatherland Front Committee at the same
administrative level in organization of the second conference of electors for
National Assembly candidates and People’s Council candidates.
4. Every regulatory agency, political
organizations, socio-political organization, social organization, public
service provider, business organization, people's armed unit and local
government shall facilitate the contact between National Assembly candidates
and People’s Council candidates and electors of their agencies.
5. The funding for election propagation and
campaigns shall be ensured by government budget.
Article 63. Rules for election
campaigns
1. The electioneering shall be conducted in a
democratic and equitable manner, in accordance with law while it must ensure
social order and safety.
2. Each candidate for National Assembly or People’s
Council election in a constituency shall carry out electioneering in such
constituency.
3. Electoral organizations and their members are
prohibited from electioneering for any candidate.
Article 64. Length of election
campaigns
The election campaigns shall begin from the date on
which the official list of candidates is announced and end 24 hours before the
voting time.
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The election campaigns for candidates shall be
carried out in following forms:
1. Through their meetings and contacts with
electors in the second conference of electors where the candidates stand for
election in accordance with the provisions of Article 66 of this Law;
2. Through means of mass media in accordance with
Article 67 of this Law.
Article 66. The second
conference of electors
1. The Standing Board of Vietnamese Fatherland
Front Committee of each province and the People’s Committee of the constituency
shall jointly organize the second conference of electors for National Assembly
and People’s Council candidates of the province. The second conference of electors
shall be composed of representatives of agencies, organizations and units and
electors of the province.
The Standing Board of Vietnamese Fatherland Front
Committee of each district or commune and the People’s Committee of commune of
the constituency shall jointly organize the second conference of electors for
People’s Council candidates of the district or commune. The second conference
of electors shall be composed of representatives of agencies, organizations and
units and electors of the district or commune.
The People’s
Committee where the second conference of electors is organized shall inform
electors of time and place of the conference.
2. The contents of the second conference of
electors:
a) Statement of reasons;
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c) Each candidate shall report their Action Program
to electors if he/she wins the National Assembly and People’s Council election;
d) Electors give their opinions and aspirations to
candidates. The candidates and the electors shall discuss their interested
issues in democratic, straight and open-minded manner;
dd) The conference chair shall close the
conference.
3. After the second conference of electors, the
Standing board of Vietnamese Fatherland Front Committee of the province shall
send a report on organization of the second conference of electors for the National
Assembly and People’s Council candidates of the province, and comments of
electors on every candidate to National Election Commission and the Standing
board of Central Commission of Vietnamese Fatherland Front. The Standing board
of Vietnamese Fatherland Front Committee at each administrative level shall
send a report on organization of the second conference of electors for the
National Assembly and People’s Council candidates at the same administrative
level to the Election Commission at the same administrative level and the
Standing board of superior Vietnamese Fatherland Front Committee.
Article 67. Election campaigns
through means of mass media
1. When a National Assembly candidate attends an
interview through means of mass media in the local government where he/she
stands for election and on the website in terms of election to the National
Assembly deputies of National Election Commission, the candidate shall report
their Action Program to electors if he/she wins the National Assembly election.
2. When a People’s Council candidate attends an
interview through means of mass media in the local government where he/she
stands for election and on the website in terms of election to the People’s
Council deputies of the Election Commission, the candidate shall report their
Action Program to electors if he/she wins the People’s Council election.
3. National Election Commission and the Election
Commission shall direct agencies in charge of websites to comply with
regulations of law on posting election campaigns.
4. People's
Committees of provinces shall post Action Programs of the National Assembly and
People’s Council candidates on means of mass media of the provinces.
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1. Misuse election campaigns to distribute
propaganda contrary to the Constitution and the law or infringe the honor,
dignity, prestige, other legitimate rights and interests of other organizations
and individuals.
2. Misuse their positions and powers to use the
means of mass media in the election campaigns.
3. Misuse election campaigns to campaign for
funding, donations from domestic and foreign organizations for them.
4. Use or promise to donate money, property or
material benefit to entice or bribe electors.
Chapter VII
RULES AND PROCEDURES FOR
VOTING
Article 69. Rules for voting
1. Each elector is entitled to cast only one ballot
for National Assembly deputies and one ballot for People’s Council deputies
equivalent to each level of People’s Council.
2. Electors shall cast their ballots by themselves,
except for cases prescribed in Clause 3 and Clause 4 of this Article; the
electors are required to present their electors’ cards for voting.
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4. In cases where an elector is ill, old or
disabled, being unable to go to the polling booth, the Election Team shall
bring an auxiliary ballot box and the ballot to his/her residence so that
he/she can receive the ballot and cast it. In cases where an elector is
detained or stayed in a reform school or a detoxification center which have no
separate polling station or the elector is arrested temporarily, the Electoral
Team shall bring an auxiliary ballot box and the ballot to the detention
center, arrest center, reform school or detoxification center so that he/she
can receive the ballot and cast it.
5. When an elector is writing a ballot, nobody,
even persons of the Election Team, is allowed to come and see;
6. If the elector makes a writing error, he/she may
ask the Election Team to change the ballot.
7. When the elector casted the ballot, the Election
Team shall stamp “Casted” on the elector’s card.
8. Everyone must abide by the rules of the polling
booth.
Article 70. Notifications of
the polling day and polling stations
Within 10 days before the polling day, the Election
Team must regularly inform electors of the polling day, polling stations,
voting time by posting, broadcasting and through other means of mass media of
the local government.
Article 71. Voting time
1. The voting shall begin at 7 a.m and end at 7 p.m
of the same day. Depending on the situation of each local government, the
Election Team may decide to start the voting earlier but not before 5 a.m or to
end later but not after 9 p.m of the same day.
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3. The voting shall be carried out continuously. If
it is disrupted by an unexpected incident, the Election Team shall immediately
seal the ballot box and documents directly relating to the election, promptly
report it to the Election Board and at the same time take necessary measures to
ensure the resumption of the voting.
Article 72.
In cases where the voting
needs postponing or being organized earlier than the regulated polling day, the
Election Commission shall request National Election Commission for
consideration.
Chapter VIII
ELECTION RESULTS
Section 1. VOTE COUNT
Article 73. Vote count
The counting of votes must be conducted in the
polling booth immediately after the voting is over.
Before opening the ballot box, the Election Team
must count, write a report on and seal the unused ballots and invite two
electors who are not candidates to witness the vote count.
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Article 74. Invalid votes
1. The following votes shall be invalid:
a) Votes made on ballots which are not in the
prescribed form distributed by the Election Team;
b) Votes made on ballots which do not bear the seal
of the Election Team;
c) Votes which elect more candidates than the
designated number of deputies to be elected in the constituency;
d) Votes which cross out all the names of
candidates;
dd) Votes which elect persons outside the list of
candidates or add other contents.
2. If a vote is in
doubt about its validity, the head of the Election team shall show it so that
the whole Team can settle. The Election Team is not allowed to cross out
or amend the names on the votes.
Article 75. Complaints or
denunciations of counting
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If the Election Team fails to settle a complaint,
it shall clearly state its opinion in the report on the complaint settlement
and refer it to the Election Board.
Article 76. Reports on the
vote counting result
1. After counting the votes, the Election Team
shall make following reports:
a) Reports on the vote counting result of election
of National Assembly deputies at the polling stations;
b) Reports on the vote counting result of election
of People’s Council deputies of provinces at the polling stations;
c) Reports on the vote counting result of election
of People’s Council deputies of districts at the polling stations;
d) Reports on the vote counting result of election
of People’s Council deputies of communes at the polling stations.
2. Each report must clearly state:
a) The total number of electors of the polling
station;
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c) The number of distributed votes;
d) The number of collected votes;
dd) The number of valid votes;
e) The number of invalid votes;
g) The number of votes for each candidate;
h) The complaints or denunciations received; the
complaints or denunciations already settled and settlement results, complaints
or denunciations referred to the Election Board.
3. Each report prescribed in Clause 1 of this
Article shall be made in three copies, each affixed with the signatures of the
Head and the Secretary of the Election Team and two electors who have been
invited to witness the vote count. Not later than three days after the polling
day, the report shall be sent to the Election Board and the People’s Committee,
the Standing Board of the Fatherland Front Committee of the commune.
Section 2. ELECTION RESULT AT
THE CONSTITUENCY
Article 77. Reports on
election returns in the constituencies
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2. The report on election returns shall clearly
state:
a) The number of National Assembly and People’s
Council deputies determined for each constituency;
b) The number of candidates;
c) The total number of electors in the
constituency;
d) The number of electors who cast their votes; the
percentage of electors who cast their ballots against the total number of
electors;
dd) The number of distributed votes;
e) The number of collected votes;
g) The number of valid votes;
h) The number of invalid votes;
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k) The list of elected candidates;
l) The complaints or denunciations settled by the
Election Teams; complaints or denunciations settled by the Election Board; and
complaints or denunciations referred to the Election Commission and the
National Election Commission.
3. The report on election returns of the National
Assembly deputies in the constituency shall be made in three copies, each
affixed with the signatures of the Head, Deputy Heads and the Secretary of the
Board. Not later than 5 days after the polling day, it shall be sent to the
National Election Commission, the Election Commission of the province, and the
Standing Board of Vietnamese Fatherland Front Committee of the province.
4. The report on election returns of the People’s
Council deputies in the constituency shall be made in four copies, each affixed
with the signatures of the Head, Deputy Heads and the Secretary of the Board.
Not later than 5 days after the polling day, it shall be sent to the Election
Commission, Standing board of People’s Council, People’s Committee and the
Standing Board of Vietnamese Fatherland Front Committee at the same
administrative level.
Article 78. Rules for
determining elected candidates
1. The election result shall be determined
according to the valid votes and only be accepted if there more than half of
the total electors mentioned in the list of electors in the constituency cast
their votes, excluding cases prescribed in Clause 4 Article 80 of this Law.
2. The elected candidates must be those who poll
more than half of the valid votes.
3. In cases
where the number of candidates who poll more than half of the valid votes is
greater than the number of designated deputies in the constituency, the
candidates poll more votes than others shall be elected.
4. In cases where there are more than one candidate
polling the same number of votes at the end of the list of elected candidates
and the number of elected candidates is greater than the number of designated
deputies in the constituency, the eldest shall be elected.
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Article 79. Additional
election
1. If, in the first election, the number of elected
National Assembly candidates is less than that designated for the constituency,
the Election Board of which must clearly state it in an report on election
returns and promptly report it to the Election Commission of province which
shall request the National Election Commission to consider and decide on an
additional election in such constituency.
2. If, in the first election, the number of elected
National Assembly candidates is less than two-third that designated for the
constituency, the Election Board of which must clearly state it in an report on
election returns and promptly report it to the Election Commission at the same
administrative level to decide on an additional election in such constituency.
3. In case of an additional election, the polling
day shall be not later than 15 days after the first polling day. In the
additional election, electors shall only choose from the candidates on the list
of candidates who failed in the first election. The elected candidates shall be
those who poll more than half of the valid votes and more votes than others. If
even after the additional election but the number of elected candidates is
still smaller than the designated number, there shall not be the second
additional election.
Article 80. Re-election
1. If, in a constituency, the number of poll-goers
is not more than half of the number of electors registered in the electoral
register, the Election Board shall clearly state it in a report and immediately
report it to the Election Commission to decide a re-election in such
constituency.
2. Regarding election of deputies to the National
Assembly, the Election Commission of province shall request National Election
Commission to consider and decide a re-election in the constituency which the
number of poll-goers is not more than half of the number of electors registered
in the electoral register.
3. Regarding election of deputies to the People’s
Council, the Election Commission decide the re-election day in the constituency
which the number of poll-goers is not more than half of the number of electors
registered in the electoral register with the consent of National Election
Commission.
4. In case of a re-election, the polling day shall
be not later than 15 days after the first polling day. In the re-election,
electors shall choose from the candidates on the list of the first election
candidates. If, in the re-election, the number of poll-goers is still not more
than half of the number of voters registered in the list and the election
result shall be accepted, no re-election shall be held for the second time.
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1. The National Election Commission shall cancel by
itself or at the proposal of the Government, the Central Committee of the Vietnam
Fatherland Front or the Election Committee the election result in a polling
station or constituency where there have been serious violations of law and
decide the re-election day in such polling station or constituency.
2. In case of a re-election, the polling day shall
be not later than 15 days after the first polling day. In the re-election,
electors shall only choose from those on the list of the first election
candidates.
Article 82. Electoral register
of the additional election or re-election
The Electoral register of the additional election
or re-election shall be drawn up according to the Electoral register of the
first election and in accordance with this Law.
Section 4. SUMMING UP OF THE
ELECTION
Article 83. Reports on
election returns of National Assembly deputies of provinces
1. After receiving and checking the reports on
election returns of National Assembly deputies from Election Boards and the
settlement of complaints (if any), the Election Commission shall make a report
on election returns in the province.
2. A report on election returns of National
Assembly deputies of province must clearly state:
a) The number of constituencies;
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c) The total number of electors in the province;
d) The number of electors who have cast their
votes; the percentage of electors who have cast their ballots against the total
number of electors;
dd) The number of valid votes;
e) The number of invalid votes;
g) The number of votes for each candidate;
h) The list of elected candidates in each
constituency;
i) The complaints and denunciations already settled
by the Election Teams and Election Boards;
k) The important incidents and solutions thereto;
l) The complaints and denunciations already settled
by the Election Commission of the province;
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3. The report on election returns of National
Assembly deputies of the province shall be made in four copies, each affixed
with the signatures of the Chairman and the Secretary of the Election
Commission. Not later than 07 days after the polling day, the report shall be
sent to National Election Commission, the Standing Committee of the National Assembly,
the Central Committee of the Vietnam Fatherland Front, and the Fatherland Front
Committee of the province.
Article 84. Closing report on
the election of National Assembly deputies
1. After receiving and checking the Election
Boards’ and the Election Commissions’ reports on election returns and the
settlement of complaints and denunciations (if any), National Election
Commission shall make a closing report on the election of National Assembly
deputies nationwide.
2. The report must clearly state:
a) The total number of the elected National
Assembly deputies;
b) The total number of candidates;
c) The total number of electors;
d) The total number of electors who have cast their
votes; the percentage of electors who have cast their ballots against the total
number of electors nationwide;
dd) The number of valid votes;
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g) The number of votes for each candidate;
h) The list of elected candidates in each
constituency;
i) The important incidents and solutions thereto;
k) The complaints and denunciations settled by
National Election Commission.
3. The report shall be made in five copies, each
affixed with the signatures of the Chairman, Deputy Chairmans of National
Election Commission. Each copy of the report shall be sent to the Standing
Committee of the National Assembly, the Government, and the Central Committee
of the Vietnam Fatherland Front and one copy shall be submitted to the National
Assembly new legislature.
Article 85. Closing report on
the election of People’s Council deputies
1. After receiving and checking the Election
Boards’ reports on election returns and the settlement of complaints and
denunciations (if any), the Election Commission shall make a closing report on
the election of People’s Council deputies under their responsibility.
2. The report must clearly state:
a) The total number of the elected People’s Council
deputies;
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c) The total number of electors in administrative
divisions;
d) The total number of electors who have cast their
votes; the percentage of electors who have cast their ballots against the total
number of electors in administrative divisions;
dd) The number of valid votes;
e) The number of invalid votes;
g) The number of votes for each candidate;
h) The list of elected candidates in each
constituency;
i) The important incidents and solutions thereto;
k) The complaints and denunciations settled by the
Election Commission.
3. The report shall be made in six copies, each
affixed with the signatures of the Chairman, Deputy Chairmans of the Election
Commission. Each copy of the closing report on election of People’s Council
deputies of the district or commune shall be sent to the People’s Council, the
People’s Committee, and Vietnamese Fatherland Front Committee at the same or
superior administrative level. Each copy of the closing report on election of
People’s Council deputies of the province shall be sent to the People’s
Council, the People’s Committee, and Vietnamese Fatherland Front Committee at
the same administrative level, Standing committee of the National, the
Government and Central Committee of Vietnamese Fatherland Front.
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1. Not later than 20 days after the polling day, National
Election Commission shall announce the election result and list of elected
National Assembly deputies according to the closing reports nationwide.
2. Not later
than 10 days after the polling day, the Election Commission shall announce the
election result and list of elected People’s Council deputies at their
administrative level according to the closing reports.
Article 87. Settlement of
complaints about the election returns
1. All complaints about the election returns of
National Assembly deputies must be sent to the National Election Commission
within 05 days from the date on which the election returns are announced.
All complaints about the election returns of
People’s Council deputies must be sent to the Election Commission within 05
days from the date on which the election returns are announced.
2. National Election Commission shall consider and
settle complaints about election returns of National Assembly deputies within
30 days from the date on which the complaints are received.
The Election Commission shall consider and settle
complaints about election returns of People’s Council deputies within 20 days
from the date on which the complaints are received.
3. The decisions on the settlement of the
complaints of National Election Commission and Election Commissions shall be
the final decisions.
Article 88. Certifying status
of elected National Assembly and People’s Council deputies
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2. According to the closing report of election of
People’s Council deputies, settlement results of complaints and denunciations
related to elected People’s Council deputies, the Election Commission shall
certify status of elected People’s Council deputies, issue Certificates of
People’s Council deputies of new legislature to the elected deputies and send
report on certification results of People’s Council deputies’ status to the new
People’s Council in the first session.
Chapter IX
BY-ELECTION OF NATIONAL
ASSEMBLY DEPUTIES AND PEOPLE’S COUNCIL DEPUTIES
Article 89. By-election
1. During a National Assembly’s term, a by-election
shall only be held if the remaining term of the National Assembly is more than
02 years and there are at least 10% vacancies out of total National Assembly
deputies elected at the early term.
2. During a People’s Council’s term, a by-election
shall only be held if the remaining term of the People’s Council is more than
18 months and one of the following conditions is satisfied:
a) There are at least 1/3 vacancies of the total
People’s Council deputies elected at the early term;
b) A new administrative unit established by consolidating,
dividing or adjusting boundaries of the existing administrative units that have
less than 2/3 of total elected deputies as prescribed in Law on organization of
local governments.
3. The National Assembly shall decide and announce
the by-election day of National Assembly deputies; Standing Committee of the
National Assembly shall decide and announce the by-election day of People’s
Council deputies of provinces; the Standing board of provincial People’s
Councils shall decide and announce the by-election day of National Assembly
deputies of districts and commune.
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Article 90. Organizations in
charge of by-election
1. The National Assembly shall establish a By-election
Council to organize by-election of National Assembly deputies. The By-election
Council shall be composed of between five and seven members namely President,
Deputy President and members who are representatives of Standing committee of
the National Assembly, the Government, Central Committee of Vietnamese
Fatherland Front and relevant agencies.
Within 20 days before the by-election day, People's
Committees of the concerned province shall, with the consent of the Standing
board of People’s Council and the Standing board of Vietnamese Fatherland Front
Committee at the same administrative level, decide to establish a By-election
Board of National Assembly deputies. The By-election Board shall be composed of
between three and five members namely Head, Deputy Head and members who are
representatives of local governments and the Vietnamese Fatherland Front
Committee.
2. Not later than 20 days before the by-election
day, the People’s Committee of the concerned province shall, after consulting
the Standing Board of the People’s Council and the Standing Board of the
Fatherland Front Committee at the same administrative level, decide to set up a
By-election Commission, and not later than 15 days before the by-election day,
the People’s Committee of the concerned province shall decide to set up a
By-election Board. Each By-election Commission shall be composed of between
three and five persons, namely President, Deputy President and members. Each of
By-election Board shall be composed of between three and five persons, namely
Head, Deputy Head, a Secretary and other members who are representatives from
regulatory agencies, political organizations, socio-political organizations and
social organizations.
3. Within 15 days before the by-election day,
People's Committees of the concerned commune shall, with the consent of the
Standing board of People’s Council and the Standing board of Vietnamese
Fatherland Front Committee at the same administrative level, decide to
establish a By-election Team in each polling station, which be composed of
between nine and eleven persons, namely Leader, Secretary and other members who
are representatives from regulatory agencies, political organizations,
socio-political organizations, social organizations and electors in such
commune.
4. Tasks and powers of By-election Council,
By-election Commissions, By-election Boards, and By-election Team shall comply
with this Law.
Article 91. Electoral
registers in by-election
The electoral registers in by-election shall be
drawn up by People’s Committees of communes as prescribed in Chapter IV of this
Law and announced within 15 days before the by-election day.
Article 92. Candidacy,
consultation, nomination of candidates to by-election
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Every citizen standing for National Assembly
deputies or People’s Council deputies in by-election must apply for candidacy within
18 days before the by-election day.
2. The consultation and nomination of candidates,
drawing up list of candidates for National Assembly deputies and People’s
Council deputies in by-election shall comply with regulations of Standing
Committee of the National Assembly and they shall be completed within 12 days
before the by-election day.
3. The official list of candidates for National
Assembly deputies or People’s Council deputies shall be announced within 10
days before the by-election day.
Article 93. Procedures for
by-election and determination of by-election results
Methods for casting the ballots, procedures for
by-election and determination of by-election results shall comply with Chapter
VII and Chapter VIII of this Law.
Article 94. Complaints,
denunciations and petitions in by-election
Complaints, denunciations and petitions in
by-election and settlement of complaints, denunciations and petitions shall
comply with this Law.
Chapter X
PENALTIES FOR
VIOLATIONS AGAINST LAW ON VOTING AND IMPLEMENTATION
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Any person who resorts to cheating, inducement or
coercion to hinder the citizens’ voting and candidacy; any person who commits
violations against regulations of law on election campaigns; any person
responsible for the electoral work who forges documents, commits fraudulence in
the vote count or resort to other tricks to falsify the election result shall,
depending on the severity of the violation, be disciplined, subject to
administrative sanctions or liable to criminal prosecution.
Article 96. Transitional
provisions
With regard to suburban districts, districts or
wards having no People’s Council under pilot scheme as prescribed in Resolution
No. 26/2008/QH12 ò the National Assembly, Resolution No. 724/2009/UBTVQH12 and
Resolution No. 725/2009/UBTVQH12 of Standing Committee of the National
Assembly, the Standing board of People’s Councils of province shall, at the
request of People's Committees of provinces and consulting with relevant
People’s Committees, perform tasks and powers of Standing board of suburban
districts, suburban or wards prescribed in Article 4, 9 and 51 of this Law.
Article 97. Effect
1. This Law comes into effect from September 1,
2015.
2. Law on election of National Assembly deputies
dated 1997, which is amended by Law No. 31/2001/QH10 and Law No. 63/2010/QH12,
Law on election of People’s Councils deputies No. 12/2003/QH11, which is
amended by Law No. 63/2010/QH12 shall be annulled from the effective date of
this Law.
Article 98. Guidance on
implementation
1. Standing
Committee of the National Assembly shall provide guidance on Articles and
Clauses as prescribed in this Law.
2. National Election Commission, the Government,
the Presidium of Central Commission of Vietnamese Fatherland Front shall
implement this Law.
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PRESIDENT OF
NATIONAL ASSEMBLY
Nguyen Sinh Hung