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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No:
81-CP
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Ha
Noi, August 01, 1994
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DECREE
PROVIDING
DETAILS FOR THE IMPLEMENTATION OF THE LAW ON THE ELECTIONS TO THE PEOPLE'S
COUNCIL (AMENDED)
THE GOVERNMENT
Pursuant to the Law on
Organization of the Government on the 30th of September, 1992;
Pursuant to Article 70 of the Law on the Elections to the People's Councils
(amended) on the 21st of June, 1994, this Decree provides details for the implementation
of the Law on the Elections to the People's Councils (amended)
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- It is
necessary to firmly grasp the four fundamental principles of election, i.e.
universal, equal, direct and secret balloting, which are the basis to guarantee
the democratic rights and equality of all citizens of the Socialist Republic of
Vietnam in each election to the People's Council at all echelons.
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Article 3.- Citizens may
use their right to vote or stand for election to the People's Council
irrespective of their period of residence, but the election to the People's
Council at all echelons must observe the following regulations:
a/ In the election to the
People's Council at commune, ward and township level, he/she must be a
permanent resident having his/her interests attached to the locality; if he/she
has newly moved to the locality, he/she must have completed the residence
registration procedures or has a presentation paper for residence and living in
the locality.
b/ In the election to the
People's Council at the district and equivalent echelon, if the citizen changes
his/her residence within the boundary of the district, he/she is eligible to
vote or stand for election to the People's Council irrespective of the period
of residence. If he/she moves to another district he/she must have an official
resettlement permit. If the displacement is only for a family visit, he/she
must return to the district of residence to cast the vote.
c/ In the election to the
People's Council at the provincial level, the time of residence is not a
requirement for a voter or candidate in the same province. Those coming from
outside the province must have an official residence permit. Those on visit for
a given period must return to their places of official residence to vote.
d/ With regard to mobile units
of the People's Army which have to move from one locality to another in the
accomplishment of their mission, they may take part in the elections to the
People's Council of the district or province as prescribed by the Ministry of
Defense, depending on concrete circumstances.
Article 4.- It is
necessary to firmly grasp the criteria of a deputy to the People's Council in
order to select capable and virtuous persons as one's representatives at the
People's Council. This is the foremost and key requirement from any voter in
the election to the People's Council. Although both the criteria of the
deputies and the rational composition of the Council are necessary,
considerations for either of them should not prevail upon considerations for
the other.
Chapter II
NUMBER OF PEOPLE'S COUNCILS, ELECTION UNITS AND
POLLING AREAS
Article 5.- The number of
deputies to the People's Council at various levels shall be calculated
according to the following principles:
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b/ Once the number of population
in the province, district and commune has been determined, the number of
deputies to the People's Councils of the provincial, district and commune
levels shall be calculated as prescribed by Article 9 of the Electoral Law.
Article 6.- Determination
of number of election units at the election level:
a/ In the election to the
People's Council at provincial level, the election unit is formed by a district
or an interdistrict.
b/ In the election to the
People's Council at the district level, the election unit is formed by a
commune or an intercommune.
c/ In the election to the
People's Concil at commune level, the election unit is formed by a village,
hamlet or intervillage or interhamlet.
The number of election units and
the number of deputies to be elected at each unit for a level of People's
Council shall be based on the average number of population each deputy to the
People's Council shall represent.
Article 7.- Delimitation
of the polling area.
The delimitation of polling
areas shall be based on the living and residential conditions of the
population, the geographical conditions and organizational capacity of the
locality and on the criteria set by the Law. While delimitating the polling
area, it is forbidden to divide the villages, hamlets or street-quarter groups.
In case a village or a hamlet must be divided into two polling areas due to too
dense a population, there must be clear geographical demarcation so that the
voters could easily recognize their polling area.
Chapter III
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Article 8.- The
organizations in charge of the elections to the People's Council comprise: the
Election Council, the Election Committee and the Election Team.
The Election Council is set up
in the provinces, districts, communes and equivalent administration units.
Each election unit shall set up
an Election Committee.
Each polling area shall set up
an Election Team.
If the elections to the People's
Councils at many levels are held on the same day and if the election unit of
the provincial People's Council is a district, the Election Council of the
district People's Council shall be also the Election Committee of the
provincial People's Council. If the election unit of the district People's
Council is a commune, the commune Election Council shall be also the Election
Committee of the district People's Council.
Article 9.- After
publicizing the election day, the People's Committee at various levels shall
discuss with the Standing Committee of the provincial and district People's
Council, with the Chairmen of the commune People's Council and with the
Fatherland Front Committee of the same level in order to set up at an early
date the electoral organizations as prescribed by law.
Article 10.- The
electoral organizations must study and firmly grasp the Election Law and the
documents guiding the implementation of the Law. They must work out their own
programs and plans to discharge their tasks and powers. The People's Committee
at all levels must create favorable conditions for these organizations to
accomplish their tasks. The members of these organizations must be citizens
enjoying the confidence of the people, they must be trained and given concrete
instructions on different tasks in the election work.
Chapter IV
DRAWING UP THE LIST OF ELECTORS
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Article 12.- Thirty days
at the latest before election day, the list of electors must be posted up at
the office of the People's Committee of the commune, ward or township and a
public place in the polling area. Appropriate means of information in the
locality should be used to inform all electors of who have the voting right and
who have not.
The settlement of complaints
about the voting right shall comply with Article 25 of the Law on the Elections
to the People's Council.
Chapter V
DRAWING UP THE LIST OF CANDIDATES
Article 13.- The drawing
up of the list of candidates as defined in Chapter V of the Law devolves on the
Fatherland Front Committee at all levels which has the responsibility to do
this job within the scheduled time and in a really democratic manner without
coercion or command. This process comprises concrete jobs to be done under the
guidance of the Central Committee of the Vietnam Fatherland Front.
The administration at all levels
has the responsibility to help the Fatherland Front Committee at various levels
to conduct efficient consultations for the nomination of the candidates to the
elections to the People's Council.
Article 14.- After making
public the list of candidates, the local administration should coordinate with
the Fatherland Front Committee and its member organizations at various levels
in arranging contacts between candidates and voters in the election unit.
Candidates may answer questions of voters and present their projects they
intend to carry out if elected to the People's Council. Candidates are entitled
to campaign for themselves mass and social organizations may campaign for their
candidates according to prescriptions of law.
Chapter VI
ELECTORAL ORDER AND ELECTION RESULTS
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Article 16.- The polling
station must be arranged in a dignified manner and ensure the necessary
conditions for orderly, secret and direct balloting.
Article 17.- The
announcement of the election results shall include the number of elected, the
number and rate of the votes for each candidate in the total of valid votes at
the election unit.
Article 18.- After the
ballot count, if the number of voters taking part in the election does not
exceed half of the registered number, or if the election unit seriously
violates the Election Law and the Standing Committee of the National Assembly
decides to annul its election results, then re-election shall be held at this
unit as stipulated by the Law.
At the election units where the
number of elected candidates is less than two thirds of the prescribed number,
supplementary election shall be held for the vacant seats.
Article 19.- Reviewing
the election
After receiving and checking the
report on the election sent by the election committee, the Election Council
shall make a round-up report on the election and announce the election results
as prescribed by the Law to all voters through every information means commonly
used in the locality.
Chapter VII
SUPPLEMENTARY ELECTIONS TO THE PEOPLE'S COUNCIL
Article 20.- The
supplementary elections to the People's Council at various levels must be
organized in strict conformity with the prescriptions of the Law on Election to
the People's Council.
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Chapter VIII
HANDLING OF ACTS OF VIOLATION OF THE ELECTION LAW
Article 21.- Law breaking
acts might take place at any election. That is why, to ensure the success and
complete safety for the election and also to preserve discipline and law and
enhance socialist legislation in the country, the administration at all levels
and the law enforcement agencies must discharge well their functions and
responsibilities in the strict and unbiased handling of the acts of violation
of the election law by any citizens, any members in the electoral organizations
and any public servants and State officials as stipulated by Article 67 and Article
68 of the Law on the Elections to the People's Council at all levels.
Chapter IX
IMPLEMENTATION PROVISIONS
Article 22.- The
Minister-Chairman of the Government Commission on Organization and Personnel
shall direct the implementation of this Decree and has the responsibility to
help the Government to coordinate with the related offices at the Center in
organizing the elections to the People's Council at all levels for the
1994-1999 tenure and other elections to the People's Councils in full
observance of democracy, safety and thrift.
Article 23.- The
Minister-Director of the Office of the Government, the other ministers and the
heads of the ministerial level agencies, the heads of the agencies attached to
the Government, the presidents of the People's Committees of provinces and
cities directly under the Central Government are responsible for the
implementation of this Decree.
Article 24.- This Decree
takes effect on the date of its signing and applies to the elections to the
People's Council at all levels. The earlier regulations which are contrary to
this Decree are now annulled.
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FOR
THE GOVERNMENT
PRIME MINISTER
Vo Van Kiet