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THE GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence
- Freedom – Happiness
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No: 19/2004/ND-CP
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Ha Noi, January 10th,
2004
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DECREE
DETAILING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE
2003 LAW ON THE ELECTION OF DEPUTIES
TO THE PEOPLE'S COUNCILS
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the November 26, 2003 Law on the Election of Deputies to the
People's Councils;
At the proposal of the Minister of Home Affairs,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Scope
of regulation
This Decree guides in detail the
implementation of a number of articles of the November 26, 2003 Law on the
Election of Deputies to the People's Councils (hereinafter referred to the Law)
regarding the number of People's Council deputies, election units and polling
stations; the election-managing organizations; the listing of voters; election
propagation and campaigning; election order and election returns; additional
election, re-election, and election of additional deputies to the People's
Councils of all levels.
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The right to vote and the right
to stand for election mentioned in Article 2 of the Law are prescribed as
follows:
All citizens of the Socialist
Republic of Vietnam, regardless of their ethnicity, sex, social class, belief,
religion, educational level, profession, or duration of residence:
1. Who are full 18 years or
older shall have the right to elect People's Council deputies, except for cases
prescribed in Article 25 of the Law.
2. Who are full 21 years or
older and fully meet the prescribed conditions and criteria shall have the
right to stand for election to the People's Councils of all levels, except for
cases prescribed in Article 31 of the Law.
Article 3.- Methods
of calculating the age for exercising the rights to vote and stand for election
The methods of calculating the
age for exercising the rights to vote and stand for election mentioned in
Article 2 of the Law are prescribed as follows:
1. The ages for exercising the
citizens' rights to vote and stand for election shall count from their birth
dates inscribed in the birth certificates to the date of election of People's
Council deputies, already fixed by the National Assembly Standing Committee. In
case of non-availability of the birth certificates, the household registration
books or people's identity cards shall serve as a basis for calculating the
ages for exercising the rights to vote and stand for election.
A full year age shall count from
the birth date (of the calendar year) of the preceding year to the birth date
(of the calendar year) of the following year.
2. In cases where the birth date
cannot be determined, the 1st day of the month of birth shall serve as a basis
for determining the ages for exercising the rights to vote and stand for
election. In cases where the dates and months of birth cannot be determined,
the 1st day of January of the year of birth shall serve as a basis for
determining the ages for exercising the rights to vote and stand for election.
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The Government shall direct the
ministries, branches and the People's Committees of all levels in performing
the election work under Article 5 of the Law as follows:
1. The Ministry of Home Affairs
shall assist the Government in guiding and examining the performance of the
election work by the standing bodies of the People's Councils and the People's
Committees of all levels; issue the form of ballot, the form of voter's card,
the form of card of People's Council deputy, and forms in service of the
election work.
2. The concerned ministries and
branches, agencies, organizations and units shall take initiative in
participating in the work of election of People's Council deputies according to
law provisions; appoint their officials and employees to participate in
coordinating and performing the election work at requests of competent State
bodies and the election-managing organizations.
3. The People's Committees of
all levels shall organize the performance of the election work and ensure the
material conditions for the election; maintain security and order, and organize
fire and explosion prevention and fighting at the polling stations, ensuring
that the election shall take place in a democratic, lawful, safe and thrifty
manner.
4. The professional agencies of
the provincial/municipal People's Committees shall have to proceed with the work
of preparation and service for the election under the assignment of the
provincial/municipal People's Committees.
The provincial/municipal
Services of Home Affairs shall have to assist the provincial/municipal People's
Committees in monitoring the progress of the election, sum up the election
returns and make statistics on the number, quality and structure of deputies to
the People's Councils of all levels.
Article 5.- Funding
for the election
Funding for organization of the
election of deputies to the People's Councils of all levels as mentioned in
Article 8 of the Law is prescribed as follows:
1. Funding for the election of
People's Council deputies shall be supplied by the State budget.
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Chapter II
NUMBER OF PEOPLE'S
COUNCIL DEPUTIES, ELECTION UNITS AND POLLING STATIONS
Article 6.- Methods
of calculating the number of deputies to the People's Councils of all levels
The methods of calculating the
number of deputies to the People's Councils of all levels as mentioned in
Article 9 of the Law are prescribed as follows:
1. The number of the People's
Council deputies of each administrative unit shall be calculated on the basis
of the population of each unit as provided for in Article 9 of the Law.
2. The population figures
counted to December 31 of the year preceding the year when the election is
held, provided by the provincial/municipal Statistics Departments, shall serve
as bases for calculating the number of the People's Council deputies of each
locality.
Article 7.- Fixing
the number of election units and determination of the election units
The number of election units
mentioned in Article 11 of the Law is prescribed as follows:
1. The People's Committees of
all levels shall base themselves on the provisions of Article 11 of the Law and
the practical situation of their respective localities to fix the number and
lists of the election units, and submit them to the immediate superior People's
Committees for ratification; the number and lists of the provincial-level
election units shall be fixed by the provincial-level People's Committees and
submitted to the Government for ratification.
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a/ For the election of deputies
to the People's Councils of the provinces and centrally-run cities (referred
collectively to as the provincial-level), the election units shall be rural or
urban districts, provincial towns or cities (referred collectively to as
districts), inter-districts or inter-communes;
b/ For the election of deputies
to the district People's Councils, the election units shall be communes, wards
or district townships (referred collectively to as communes), inter-communes or
inter-villages;
c/ For the election of deputies
to the commune People's Councils, the election units shall be the hamlets or
villages (referred collectively to as villages), population groups, inter-
villages or inter-population groups;
d/ In cases where two election
units are set up in a district or commune administrative unit, or in a village
or population group, the People's Committees of the election level shall have
to determine clear and rational boundaries among the election units so that the
election is organized conveniently.
Article 8.- Number
of deputies to be elected at each election unit
The number of deputies to be
elected at each election unit as mentioned in Article 10 of the Law is
prescribed as follows:
1. Deputies to the People's
Councils of all levels shall be elected according to the election units. Each
unit for the election of People's Council deputies may elect no more than five
deputies.
2. The People's Committees of
all levels shall base themselves on the practical situation in their respective
localities to fix the number of deputies to be elected at each election unit,
but restrict the number of units where less than three deputies shall be
elected, and submit it to the immediate superior People's Committees for
ratification; the number of deputies to be elected at each provincial-level
election unit shall be fixed by the provincial-level People's Committees and
submitted to the Government for ratification.
Article 9.- Cases
of inadequacy of candidates due to force majeure reasons
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1. Cases of inadequacy of
candidates due to force majeure reasons at an election unit mean cases where
candidates are inadequate after the lists of candidates have been publicized
because one or several candidates have been examined for penal liability, died
or due to other reasons, have their names deleted or excluded from the lists of
candidates, thus making the number of candidates at the election unit smaller
than the number of deputies to be elected at such unit by at least two persons
as prescribed in Article 42 of the Law.
2. In cases where the inadequacy
of candidates due to force majeure reasons takes place two days or more before
the posting-up of the lists of candidates, the Election Councils shall, after
consulting with the standing boards of Vietnam Fatherland Front Committees of
the same levels, select the most prestigious persons among those being left on
the lists of the third-consultative conferences to add them to the lists of
candidates.
3. In cases where no one can be
selected for addition to the lists of candidates or where the inadequacy of
candidates due to force majeure reasons takes place after the time prescribed
in Clause 2 of this Article, the People's Committees of the election level
shall decide on the reduction of the number of deputies to be elected at the
election units where candidates are inadequate due to force majeure reasons,
and report thereon to the immediate superior People's Committees for
ratification; for the provincial-level election units, the provincial-level
People's Committees shall report thereon to the Government for ratification.
Article
10.- Delimitation of polling stations
The delimitation of polling
stations mentioned in Article 13 of the Law is prescribed as follows:
1. The People's Committees of
the communes, wards or district townships (hereinafter called the commune-level
People's Committees for short) shall base themselves on geographical situation,
population distribution and organizational capabilities of their respective
localities to delimit the polling stations and report thereon to the immediate
superior People's Committees for ratification:
a/ Each polling station may be a
village, population group, inter-village or inter-population group;
b/ In cases where a village or
population group must be divided into many polling stations because of large
numbers of voters, the commune-level People's Committees shall clearly
determine the boundaries and notify such to voters so that they can identify
the polling stations.
2. The commanders of the
people's armed force units shall decide on the division of polling stations in
their respective units.
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ELECTION ORGANIZATIONS
Article
11.- Setting-up of the election organizations
The setting-up of election
organizations as mentioned in Article 16 of the Law is prescribed as follows:
1. After the National Assembly
Standing Committee fixes the date for election of People's Council deputies, the
People's Committees shall consult with the standing bodies of the People's
Councils and the standing boards of Vietnam Fatherland Front Committees of the
same levels and decide to set up the Election Councils, the Election Boards and
the Election Teams strictly within the time limit prescribed by the Law;
2. In the election of deputies
to the People's Councils of all levels, the election organizations shall be
organized as follows:
a/ Members of the Councils for
election of deputies to the district-level People's Councils may be members of
the Boards for election of deputies to the provincial-level People's Councils;
b/ Members of the Councils for
election of deputies to the commune-level People's Councils may be members of
the Boards for election of deputies to the district-level People's Councils;
c/ The Boards for election of
deputies to the commune People's Councils shall concurrently perform the tasks
of the Election Teams, and perform the tasks and exercise the powers prescribed
in Articles 17 and 18 of the Law in cases where there is only one polling
station at the unit for election of deputies to the commune-level People's
Councils.
Article
12.- Responsibilities of members of the election organizations
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In the course of performing the
functions and tasks prescribed in Articles 16, 17 and 18 of the Law on the
Election of Deputies to the People's Councils, members of the election
organizations must always be impartial, objective and honest in performance of
their assigned tasks and powers.
Article
13.- Change or addition of members of the election organizations
In cases where the numbers of
members of the election organizations are inadequate because some are
disciplined, examined for penal liability, die or for other reasons, the
People's Committees shall, after consulting with the standing bodies of the
People's Councils and the standing boards of Vietnam Fatherland Front
Committees of the same levels, decide to change or add members to the election
organizations.
Chapter IV
LISTING OF VOTERS
Article
14.- Lists of voters
The listing of voters as mentioned
in Articles 23 and 24 of the Law is prescribed as follows:
1. The commune-level People's
Committees and the units' commands (for the people's armed force units) shall
make lists of voters according to the polling stations as follows:
a/ Those with ages prescribed by
law shall have their names put on the lists of voters for exercising the right
to vote in their places of residence, except for cases prescribed in Clause 1
of Article 25, and Article 31, of the Law on the Election of Deputies to the People's
Councils;
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c/ In cases where voters are
temporarily absent from their residence places to work or earn their living or
for other reasons, if they have registered for temporary residence for six
months or more in new places of residence, their names shall be put on the
lists of voters in the new places of their residence for the exercise of their
right to vote;
d/ In cases where voters are
temporarily absent from their residence places to visit their relatives or
tour, or for other reasons, their names shall be put on the lists of voters in
the places where they make the permanent-residence household registration for
the exercise of their right to vote;
e/ Students, pupils and learners
who have temporary-residence household books in vocational training schools,
universities, colleges or intermediate vocational schools, as well as armymen
of the people's armed force units shall have their names put on the lists of
voters in the places where they study, work or are stationed for participation
in the election of deputies to the provincial- and district-level People's
Councils;
f/ Armymen who have
permanent-residence household books in the localities (near the places of
stationing) may be granted certificates by the units' heads for inscription of
their names in the lists of voters in order to cast their ballots for the
election of People's Council deputies in their places of residence.
Article
15.- Time for posting up lists of voters
The time for posting up lists of
voters as mentioned in Article 26 of the Law is prescribed as follows:
At least thirty five days before
the election day, the commune-level People's Committees must post up the lists of
voters at their head-offices and public places in the polling stations, and at
the same time widely announce the posting-up places to people for examination.
Chapter V
ELECTION PROPAGATION AND
CAMPAIGNING
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The election information and
propagation mentioned in Articles 44 and 45 of the Law are prescribed as
follows:
1. The central and local mass
media agencies shall have to carry reports and propagation on the election, the
law provisions on election, and the work of preparation for the election of
deputies to the People's Councils of all levels; on activities of leaders of
the Party, the State and Vietnam Fatherland Front in examining and supervising
the election in localities and nationwide; and agitate voters to participate in
the election of deputies to the People's Councils of all levels.
2. The People's Committees of
all levels shall ensure the information work for the election; organize
propagation and agitation for the election in their respective localities under
the direction of the Election Councils.
Article
17.- Election campaigning
The election campaigning
mentioned in Article 46 of the Law is prescribed as follows:
The election campaigning by
People's Council candidates means activities of their meetings or contacts with
voters in their places of work or residence, or their reports through mass
media to voters on their planned programs of action for the performance of
their responsibilities if they are elected People's Council deputies.
Article
18.- Principles for election campaigning
1. Candidates of the People's
Council of any locality shall exercise the right to canvass for the election
within such locality.
2. The election campaigning
shall be conducted in a public, democratic, equitable and lawful manner,
ensuring social order and safety, and must be finished twenty-four hours before
the voting starts.
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4. The People's Council
candidates must not use money or other material means of the State, collectives
or individuals to induce or buy off voters.
5. Agencies, organizations,
units and individuals must not abuse the election campaigning to collect money
or material means or call for financing in service of the election campaigning.
Article
19.- Forms and contents of election campaigning
The forms and contents of
election campaigning mentioned in Article 46 of the Law are prescribed as
follows:
1. The election campaigning
shall be conducted in the following forms:
a/ Meetings or contacts with
voters through meet-with-voter conferences, organized by the standing boards of
Vietnam Fatherland Front Committees of all levels in localities;
b/ Meetings or contacts with
voters in agencies, organizations or units where the candidates work;
c/ Granting interviews to local
newspapers, radios or televisions.
2. Contents of candidates'
election campaigning cover:
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b/ Exchanging ideas with voters
on matters of mutual concern;
c/ Answering voters' questions.
Article
20.- Responsibilities of agencies and organizations in election campaigning
1. The Election Councils shall
direct the work of election campaigning and settle complaints and denunciations
related to election campaigning in localities.
2. The standing bodies of the People's
Councils and the People's Committees shall coordinate with the standing boards
of Vietnam Fatherland Front Committees of all levels in organizing
meet-with-voter conferences for candidates of the People's Councils of their
respective levels.
3. State agencies, economic
organizations, social organizations and people's armed force units of all
levels shall, within the ambit of their respective tasks and powers, create
conditions for the People's Council candidates to contact voters in their
respective agencies, organizations and units, ensuring that the election
campaigning shall be conducted in a public, democratic, equitable and lawful
manner.
4. The press agencies shall have
to carry reports on meet-with-voter conferences and interviews given by People's
Council candidates in localities.
Article
21.- Funding for election campaigning
Funding for election campaigning
shall come from the State-allocated funding source in service of the work of
election of People's Council deputies and regular operation funding of
agencies, organizations and units, which have People's Council candidates.
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ELECTION ORDER AND
RETURNS
Article
22.- Election time
The election time mentioned in
Article 48 of the Law is prescribed as follows:
The voting shall begin at seven
hours and end at nineteen hours on the same day. Depending on the practical
situation, the Election Teams may decide to begin the voting earlier and end it
later than scheduled, but it must not begin before five hours and end after
twenty hours on the same day.
For those polling stations where
one hundred percent of voters named in the lists of voters have already gone to
the poll, the Election Teams of such polling stations may end the voting
earlier than scheduled.
Article
23.- Polling stations and polling rooms
Polling stations (polling rooms)
must be solemn, equipped with adequate necessary material conditions and
facilities in service of the election, and convenient for voters to go to vote.
Article
24.- Voter's cards
Citizens having their names inscribed
in the lists of voters shall be given voter's cards to exercise their right to
vote:
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2. Voter's cards of armymen of
the people's armed force units shall be signed and stamped by the units'
commanders.
Article
25.- Special cases affecting the voting day
The interruption or postponement
of the voting day, or the earlier-than-scheduled voting as mentioned in Article
54 of the Law are prescribed as follows:
1. During the election day, the
voting must be conducted continuously. In case of unexpected events such as
natural disasters, floods, fires or other force majeure cases which interrupt
the voting, the Election Teams must immediately seal up papers and ballot
boxes, promptly report such to the Election Boards, and at the same time
arrange extra ballot boxes and take other necessary measures for the voting to
continue.
2. The provincial-level Election
Councils shall report to the Government for submission to the National Assembly
Standing Committee for consideration on the postponement of the voting day or
the earlier-than-scheduled voting in the following cases where:
a/ The voting day is postponed
at the election units due to the effects of natural disasters, floods or other
reasons, and the voting cannot be conducted under the provisions of the Law;
b/ The voting is organized
earlier than the fixed election day, for the units meeting with difficulties
regarding geographical terrain, transport and travel means.
Article
26.- Reporting on the election day's situation
1. The Election Councils of all
levels shall have to report on the election day's situation to the standing
bodies of the People's Councils, the People's Committees, the standing boards
of Vietnam Fatherland Front Committees of the same levels and the immediate
superior authorities; for the provincial level, to report thereon to the
National Assembly Standing Committee, the Government and Vietnam Fatherland
Front Central Committee.
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3. Contents of reporting on the
election day's situation cover:
a/ The opening time and
atmosphere of the election day;
b/ The number of voters having gone
to the poll and the progress of voting by local voters;
c/ The situation on security,
social order and safety, and difficulties affecting the voting by voters;
d/ Arising matters to be
directed and guided;
e/ Initial returns of the
election of deputies to the People's Councils in localities.
Article
27.- Vote-counting and determination of election returns
Vote-counting and determination
of election returns as mentioned in Articles 55, 56, 57, 58, 59 and 60 of the
Law are prescribed as follows:
1. The Election Teams must
conduct the vote-counting, make records thereon and seal up ballots strictly
according to the order prescribed in Articles 55, 56, 57, 58 and 59 of the Law,
and at the same time create conditions for the news reporters and representatives
of agencies, organizations and units having candidates to witness the
vote-counting;
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The vote-counting records shall
be sent to the Election Boards, the People's Committees and the standing boards
of Vietnam Fatherland Front Committees of the communes, wards or district
townships.
2. The Election Boards shall
examine the vote-counting records sent by the Election Teams and sum them up to
make records on determination of the election returns at the election units
managed by themselves, and send them to the Election Councils, the standing
bodies of the People's Councils, the People's Committees and the standing
boards of Vietnam Fatherland Front Committees of the same levels.
3. For the election unit where
exists only one polling station, the Election Board-cum-Election Team shall
make records on the vote-counting and determine the election returns before
sending them to the Election Councils, the standing bodies of the People's
Councils, the People's Committees and the standing boards of Vietnam Fatherland
Front Committees of the same levels.
Article
28.- Cases where appear events interrupting the vote-counting
In cases where appear events,
which interrupt the vote-counting or disable the vote-counting, the Election
Teams must seal up the ballot boxes or the counted ballots and immediately
report thereon to the Election Boards and the Election Councils for settlement
according to law provisions.
Article
29.- Summing up the election
Summing-up of the election as
mentioned in Article 66 of the Law is prescribed as follows:
1. The Election Councils of all
levels shall make records and reports on sum-up of the election in their
respective localities according to the provisions of Article 66 of the Law on
the Election of Deputies to the People's Councils;
The records on sum-up of the
district- and commune-level election shall be sent to the standing bodies of
the People's Councils, the People's Committees, Vietnam Fatherland Front
Committees of the same levels and immediate superior authorities. The records
on sum-up of the provincial-level election shall be sent to the standing bodies
of the People's Councils, the People's Committees, Vietnam Fatherland Front
Committees of the same levels as well as the National Assembly Standing
Committee, the Government and Vietnam Fatherland Front Central Committee.
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The reports on summing up the
work of election of deputies to the People's Councils of all levels shall be
sent to the standing bodies of the People's Councils, the People's Committees
and Vietnam Fatherland Front Committees of immediate superior levels; for the
provincial level, they shall be sent to the National Assembly Standing
Committee, the Government and Vietnam Fatherland Front Central Committee.
Article
30.- Archival and management of dossiers and facilities after the election
ends
The People's Committees of the
election level shall have to archive and manage all dossiers, documents and
seals of the election organizations of their respective levels;
The commune-level People's
Committees shall archive and manage the vote-counting records, all ballots for
election of deputies to the People's Councils of all levels (including unused
ones which have been sealed up), seals and ballot boxes transferred by the
Election Teams according to law provisions.
Chapter VII
ADDITIONAL ELECTION,
RE-ELECTION, AND ELECTION OF ADDITIONAL PEOPLE'S COUNCIL DEPUTIES
Article
31.- Election organizations in additional election and re-election
The additional election and re-election
as mentioned in Articles 62, 63, 64 and 65 of the Law are prescribed as
follows:
1. The election organizations in
the first election shall continue to perform their tasks in additional election
or re-election.
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Article
32.- Competence to decide on the election of additional deputies to the
People's Councils of all levels
The election of additional
deputies to the People's Councils of all levels shall comply with the
provisions of Articles 68, 69, 70, 71, 72, 73, 74 and 75 of the Law.
Chapter
VIII
IMPLEMENTATION PROVISIONS
Article
33.- Implementation organization
The Ministry of Home Affairs
shall assume the prime responsibility and coordinate with the ministries, the
ministerial-level agencies, the Government-attached agencies and the concerned
organizations in implementing this Decree.
Article
34.- Implementation effect and implementation responsibilities
This Decree takes effect fifteen
days after its publication in the Official Gazette and replaces the
Government's Decree No. 81/CP of August 1, 1994 detailing the implementation of
the 1994 Law on the Election of Deputies to the People's Councils (amended).
The ministers, the heads of the
ministerial-level agencies, the heads of the agencies attached to the
Government, the chairmen of the People's Councils and the presidents of the
People's Committees of the provinces and centrally-run cities shall have to
implement this Decree.
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ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai