Nghị định 19/2004/ND-CP

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.

Article 2.- Rights to vote and stand for election

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.

Article 4.- Responsibilities of agencies, organizations and units in the election

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.

2. The Ministry of Finance shall coordinate with the Ministry of Home Affairs in elaborating the plan on allocation of budget in service of the election and submit it to the Prime Minister for decision and guide the estimation and settlement of the election funding, ensuring that the funding for the election is economically and efficiently used for the right purposes.

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.

2. The election units are determined as follows:

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

Inadequacy of candidates due to force majeure reasons as mentioned in Article 42 of the Law is prescribed as follows:

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.

Chapter III

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

Members of the election organizations must firmly grasp the law provisions on election of People's Council deputies and guiding documents of the central and local competent State bodies.

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;

b/ During the listing of voters, those who do not have permanent-residence household books but have certificates of movement to other places, issued by competent bodies of the former places of their residence, shall have their names put on the lists of voters in the new places of their residence for participation in the election;

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

Article 16.- Propagation for the election

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.

3. The People's Council candidates must not abuse the election campaigning to propagate viewpoints contrary to the Constitution or law, or cause damage to prestige, honor or interests of organizations or other individuals.

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:

a/ Presenting their planned programs of operation if they are elected People's Council deputies;

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.

Chapter VI

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:

1. Voter's cards of citizens shall be signed and stamped by the presidents of the commune-level People's Committees of the localities where the listing of voters is made;

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.

2. The People's Committees of all levels shall report to the immediate superior administrative agencies on the situation and progress of the performance of the election work in their respective localities; for the provincial-level People's Committees, to report thereon to the Government.

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;

Before opening the ballot boxes and conducting the vote-counting, the Election Teams must make records and statistics on the use of ballots, seal up unused ballots and transfer them to the commune-level People's Committees for archival and management after the election ends;

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.

2. The standing bodies of the People's Councils, the People's Committees and standing boards of Vietnam Fatherland Front Committees of all levels shall coordinate with one another in organizing the conferences to sum up the work of election of People's Council deputies in their respective localities;

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.

2. In cases where the Election Teams or their members violate the legislation on election or are no longer trusted by people, 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, decide to set up new Election Teams or add members thereto for the performance of the tasks according to the provisions of the Law on the Election of Deputies to the People's Councils.

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.