Luật 12/2003/QH11

Law No. 12/2003/QH11 of November 26, 2003, on the election of deputies to the People's Councils

Law No. 12/2003/QH11 on the election of deputies to the People's Councils đã được thay thế bởi Law No. 85/2015/QH13 on election of deputies to the National Assembly and People’s Councils và được áp dụng kể từ ngày 01/09/2015.

Nội dung toàn văn Law No. 12/2003/QH11 on the election of deputies to the People's Councils


THE NATIONAL ASSEMBLY
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No: 12/2003/QH11

Hanoi, November 26, 2003

 

LAW

ON THE ELECTION OF DEPUTIES TO THE PEOPLE'S COUNCILS

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/NQ-QH10 bổ sung điều của Hiến pháp nước cộng hoà xã hội chủ nghĩa Việt Nam năm 1992">51/2001/QH10 of December 25, 2001 of the Xth National Assembly, the 10th session;
This Law prescribes the election of deputies to the People's Councils.

Chapter I

GENERAL PROVISIONS

Article 1.- The election of deputies to the People's Councils shall be organized on the principles of universal suffrage, equality, directness and secret ballot.

Article 2.- All citizens of the Socialist Republic of Vietnam, regardless of their ethnicity, sex, social class, belief, religion, educational levels, profession, or duration of residence, who are full 18 years old or older, shall have the right to vote, or who are full 21 years old or older, shall have the right to stand for election to the People's Councils according to law provisions.

Article 3.- The People's Council deputies must satisfy the following criteria:

1. To be loyal to the socialist Vietnamese fatherland, to strive for the cause of national renewal as well as local construction and development;

2. To possess good moral qualities, be exemplary in the observance of law, actively struggle against all manifestations of red-tape, authoritarianism, bumbledom, corruption and wastefulness as well as other acts of law violation, protect the State's interests as well as citizens' legitimate rights and interests;

3. To be qualified for and capable of performing the tasks of People's Council deputies, be capable of propagating and mobilizing their families and people to observe policies and law; and be proficient in socio-economic situation in order to participate in deciding on important issues in their respective localities;

4. To keep close contact with people, listen to people's opinions, and be trusted by the people;

5. To have conditions to participate in the People's Councils' activities.

Article 4.- Citizens who fully meet the conditions and criteria prescribed in Articles 2 and 3 of this Law shall be elected deputies to the People's Councils of no more than 2 levels at the same time; if they are deputies to the National Assembly, they shall be elected deputies to the People's Council of only one level.

Article 5.- The National Assembly Standing Committee shall supervise the election of deputies to the People's Councils, ensuring that the election shall be conducted in a democratic manner and in accordance with law.

The Government shall direct the People's Committees of all levels to perform the election work according to law provisions.

Article 6.- The Vietnam Fatherland Front Central Committee shall guide the local Vietnam Fatherland Front committees in organizing consultations to select and nominate People's Council candidates, and participate in supervising the election of deputies to the People's Councils.

Article 7.- The National Assembly Standing Committee shall determine and publicize the date for election of deputies to the People's Councils of all levels.

The election day must be a Sunday and publicized at least one hundred and five days before the election day.

In special cases where the election cannot be organized strictly according to the term of the People's Councils, the National Assembly Standing Committee shall consider and make decision thereon.

Article 8.- Funding for organization of the election of deputies to the People's Councils of all levels shall be covered by the State budget.

Chapter II

NUMBER OF THE PEOPLE'S COUNCIL DEPUTIES, ELECTION UNITS AND POLLING STATIONS

Article 9.- The number of deputies to the People's Councils of each level shall be determined as follows:

1. For the commune, ward and township People's Councils:

a/ For delta communes and townships with four thousand inhabitants or less each, twenty five deputies shall be elected, for those with more than four thousand inhabitants each, one additional deputy shall be elected for an addition of two thousand inhabitants, but the total number of deputies shall not exceed thirty five.

b/ For mountainous and island communes and townships with between two thousand and under three thousand inhabitants each, twenty five deputies shall be elected, for those with more than three thousand inhabitants each, one additional deputy shall be elected for an addition of one thousand inhabitants, but the total number of deputies shall not exceed thirty five; for communes and townships with between one thousand and under two thousand inhabitants each, nineteen deputies shall be elected; and for communes and townships with less than one thousand inhabitants each, fifteen deputies shall be elected;

c/ For wards with eight thousand inhabitants or less each, twenty five deputies shall be elected, for those with more than eight thousand inhabitants each, one additional deputy shall be elected for an addition of four thousand inhabitants, but the total number of deputies shall not exceed thirty five;

2. For the People's Councils of rural and urban districts as well as provincial towns and cities:

a/ For delta rural districts and urban districts with eighty thousand inhabitants or less each, thirty deputies shall be elected, for those with more than eighty thousand inhabitants each, one additional deputy shall be elected for an addition of ten thousand inhabitants, but the total number of deputies shall not exceed forty;

b/ For mountainous and island rural districts with forty thousand inhabitants or less each, thirty deputies shall be elected; for those with more than forty thousand inhabitants, one additional deputy shall be elected for an addition of five thousand inhabitants, but the total number of deputies shall not exceed forty;

c/ For provincial towns with seventy thousand inhabitants or less each, thirty deputies shall be elected; for those with more than seventy thousand inhabitants, one additional deputy shall be elected for an addition of ten thousand inhabitants, but the total number of deputies shall not exceed forty;

d/ For provincial cities with one hundred thousand inhabitants or less each, thirty deputies shall be elected; for those with more than one hundred thousand inhabitants, one additional deputy shall be elected for an addition of ten thousand inhabitants, but the total number of deputies shall not exceed forty;

e/ For rural and urban districts as well as provincial towns and cities prescribed at Points a, b, c and d, Clause 2 of this Article, which have thirty dependent administrative units or more each, more than forty deputies shall be elected; the specific number thereof shall be decided by the National Assembly Standing Committee at the proposals of the standing bodies of the People's Councils of the provinces and centrally-run cities;

3. For the People's Councils of the provinces and centrally-run cities:

a/ For delta provinces and centrally-run cities with one million inhabitants or less each, fifty deputies shall be elected; for those with more than one million inhabitants, one additional deputy shall be elected for an addition of fifty thousand inhabitants, but the total number of deputies shall not exceed eighty five;

b/ For mountainous provinces with five hundred thousand inhabitants or less each, fifty deputies shall be elected; for those with more than five hundred thousand inhabitants, one additional deputy shall be elected for an addition of thirty thousand inhabitants, but the total number of deputies shall not exceed eighty five;

c/ For Hanoi capital as well as provinces and other centrally-run cities with more than three million inhabitants each, no more than ninety five deputies shall be elected.

Article 10.- Deputies to the People's Councils of all levels shall be elected according to the election units. Each unit for election of deputies to the People's Council may elect no more than five deputies.

Article 11.- The number of units for election of deputies to the People's Councils of the provinces and centrally-run cities (hereinafter referred collectively to as the provincial-level), as well as the lists of units and the number of deputies to be elected by each unit shall be determined by the provincial-level People's Committees and ratified by the Government.

The number of units for election of deputies to the People's Councils of rural and urban districts as well as provincial towns and cities (hereinafter referred collectively to as the district-level), communes, wards and district townships (hereinafter referred collectively to as the commune-level), the lists of units and the number of deputies to be elected by each unit shall be determined by the People's Committees of the same levels and ratified by the immediate superior People's Committees.

Article 12.- The list of units for election of deputies to the People's Council of any level shall be sent by the People's Committee of such level to the Election Council of the same level. At least fifty days before the election day, the Election Council shall publicize the list of election units.

Article 13.- Each election unit shall be divided into many polling stations. Each polling station shall have between three hundred and four thousand voters.

For mountainous and island areas as well as regions where inhabitants live scatteredly, one polling station may be set up even though there are not enough three hundred voters.

The division of polling stations for election of deputies to the People's Councils of all levels shall be determined by the commune-level People's Committees and ratified by the immediate superior People's Committees.

The people's armed force units shall set up separate polling stations.

Hospitals, sanatoriums, maternity homes and nursing homes for the disabled with fifty voters or more may set up separate polling stations.

Education camps and medical establishments reserved for people who are serving decisions on handling administrative violations may set up separate polling stations.

Article 14.- On the basis of the number of the deputies to be elected to the People's Councils, after consulting with the Standing Board of Vietnam Fatherland Front Central Committee and the People's Committees of the same levels, at least ninety five days before the election day:

1. The standing bodies of the provincial- and district-level People's Councils shall make the proposition on the proportion, composition and number of People's Council deputies to be elected from political organizations, socio-political organizations, social organizations, economic organizations, people's armed force units and State agencies of the same levels and administrative units of lower levels, ensuring the appropriate number of female deputies to the People's Councils; for localities with many ethnic minority groups, it is necessary to ensure the appropriate number of People's Council deputies being ethnic minority people.

2. The standing bodies of the commune-level People's Councils shall make proposition on the proportion, composition and number of People's Council deputies to be elected from political organizations, socio-political organizations, social organizations, economic organizations, people's armed force units and State agencies of the same levels as well as hamlets and villages (hereinafter referred collectively to as hamlets), population groups, populations quarters and clusters (hereinafter referred collectively to as population groups) in their respective localities, ensuring the appropriate number of female deputies to the People's Councils; for localities with many ethnic minority groups, it is necessary to ensure the appropriate number of People's Council deputies being ethnic minority people.

Chapter III

ELECTION-MANAGING ORGANIZATIONS

Article 15.- Organizations managing the election of deputies to the People's Councils include:

1. The Election Councils;

2. The Election Boards;

3. The Election Teams.

Article 16.-

1. At least ninety days before the day for election of deputies to the People's Councils of all levels, the People's Committees shall, after consulting with the standing bodies of the People's Councils and standing boards of Vietnam Fatherland Front Committees of the same levels, decide to set up the Election Councils composed of representatives of the standing bodies of the People's Councils, the People's Committees, the standing boards of Vietnam Fatherland Front Committees and other agencies of the State, political organizations and socio-political organizations.

A Council for Election of deputies to a provincial-level People's Council shall be composed of between fifteen and twenty one persons.

A Council for Election of deputies to a district-level People's Council shall be composed of between eleven and fifteen persons.

A Council for Election of deputies to a commune-level People's Council shall be composed of between nine and eleven persons.

The Election Council shall elect its chairman, vice chairman and secretary.

The lists of members of the provincial-level Election Councils must be reported to the National Assembly Standing Committee, the Government and Vietnam Fatherland Front Central Committee. The lists of members of the district-level and commune-level Election Councils must be reported to the standing bodies of the People's Councils, the People's Committees and the standing boards of Vietnam Fatherland Front Committees of the immediate superior levels.

2. The Election Councils shall have the following tasks and powers:

a/ To direct the organization of the election in their respective localities; to examine and urge the implementation of law provisions on election;

b/ To direct the performance of the work of protection of security, order and social safety in the election in their respective localities;

c/ To direct the work of election information, propagation and campaigning in their respective localities;

d/ To receive and consider the dossiers of persons who nominated by political organizations, socio-political organizations, social organizations, economic organizations, people's armed force units, State agencies, hamlets or population groups in localities, and of independent candidates; to send lists of candidates and their curricular vitae to the standing boards of Vietnam Fatherland Front Committees of the same levels;

e/ To settle the election work-related complaints and denunciations of the Election Boards and the Election Teams;

f/ To publicize the number of election units, lists of units and number of to be-elected deputies of each election unit in their respective localities;

g/ To receive dossiers and publicize lists of the People's Council candidates according to each election unit; to settle complaints and petitions related to such lists;

h/ To receive documents and ballots from the People's Committees of the same levels and distribute them to the Election Boards at least twenty five days before the election day;

i/ To receive and examine records on determination of the election returns sent by the Election Boards; to make records on summing up the election in their respective localities;

j/ To direct the additional elections or re-elections according to the provisions in Articles 62, 63, 64 and 65 of this Law;

k/ To publicize the election returns;

l/ To submit to the People's Councils the records on summing up the election and transfer the election-related dossiers and documents according to the provisions of this Law.

Article 17.-

1. At least forty five days before the day for election of deputies to the People's Councils, 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 set up an Election Board at each election unit.

A Board for Election of deputies to a provincial-level People's Council shall be composed of between eleven and thirteen persons.

A Board for Election of deputies to a district-level People's Council shall be composed of between nine and eleven persons.

A Board for Election of deputies to a commune-level People's Council shall be composed of between seven and nine persons.

The Election Boards shall be composed of representatives of State agencies, political organizations and socio-political organizations. At the commune level, the Election Boards shall also be composed of representatives of the local electorates.

The Election Board shall elect its head, deputy head and secretary.

2. The Election Boards shall have the following tasks and powers:

a/ To examine and urge the implementation of law provisions on election by the Election Teams in the election units;

b/ To examine and urge the making and posting-up of lists of voters and the posting-up of lists of candidates in the Election Teams in the election units;

c/ To examine and urge the arrangement of the polling rooms and the election work in the polling rooms;

d/ To receive documents and ballots from the Election Councils for distribution to the Election Teams in the election units at least fifteen days before the election day;

e/ To settle the election work-related complaints and denunciations by the Election Groups as well as election-related complaints, denunciations and petitions sent to by the Election Teams;

f/ To receive, synthesize and examine vote-counting records sent by the Election Teams; to make records on determination of the election returns in the election units;

g/ To transfer the records certifying the election returns as well as election-related dossiers and documents according to the provisions of Article 60 of this Law;

h/ To organize additional elections or re-elections under decisions of the Election Councils.

Article 18.-

1. At least thirty five days before the day for election of deputies to the People's Councils, the commune-level 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 set up at each polling station an Election Team composed of between five and nine persons being representatives of social organizations and local electorates.

The Election Team shall elect its head, deputy head and secretary.

In cases where there is only one polling station in the election unit, the Election Board shall concurrently perform the tasks of the Election Team.

People's armed force units shall set up at each polling station an Election Team composed of between five and nine persons, including the team head, deputy head, secretary and members being representatives of the units' commanders and armymen.

2. The Election Teams shall have the following tasks and powers:

a/ To manage the election work in the polling stations;

b/ To arrange polling rooms and prepare ballot boxes;

c/ To receive documents and ballots from the Election Boards and distribute the ballots stamped with the Election Team's seal to voters;

d/ To regularly inform voters of the election day, polling venues and polling time within ten days before the election day;

e/ To ensure the strict observance of the polling rooms' internal regulations;

f/ To settle the election work-related complaints and denunciations in the polling stations;

g/ To count the votes and make records thereon;

h/ To transfer the vote-counting records, the ballots and other documents related to election according to the provisions of Article 59 of this Law.

Article 19.- The election-managing organizations and their members must not canvass for candidates.

Article 20.- The election-managing organizations shall work according to the collective regime; their meetings shall proceed when they are attended by at least two-thirds of the total number of their members. Decisions shall be passed when they are voted for by more than half of the total number of members.

Article 21.- Vietnam Fatherland Front Committees, State agencies, socio-political organizations, social organizations, economic organizations and people's armed force units shall nominate their officials and/or employees to participate in the election work at the requests of the Election Councils, the Election Boards and/or the Election Teams, and shall, within the ambit of their respective functions and tasks, create favorable conditions for the election-managing organizations to perform their tasks and exercise their powers according to the provisions of this Law.

Article 22.- The Election Councils shall terminate their tasks after they have submitted records on summing up the election as well as election-related dossiers and documents at the first session of the newly elected People's Councils.

The Election Boards and the Election Teams shall terminate their tasks after the Election Councils have publicized the election returns.

Chapter IV

LISTS OF VOTERS

Article 23.- During the listing of voters, all citizens eligible to elect deputies to the People's Councils shall have their names inscribed in the lists of voters.

Each voter can have his/her name inscribed on only one list of voters in the place of his/her residence.

During the listing of voters, those persons who change their places of residence within one district-level administrative unit shall have their names inscribed on the lists of voters for the election of deputies to the district- and provincial-level People's Councils; if they change their places of residence within one provincial-level administrative unit, their names shall be inscribed on the lists of voters for the election of deputies to the provincial-level People's Councils.

Voters being students, pupils and learners of vocational training schools, universities, colleges and intermediate vocational schools, and voters being armymen of people's armed force units shall have their names inscribed on the lists of voters for the election of deputies to the provincial- and district-level People's Councils in their places of temporary residence or places where their units are stationed.

Article 24.- The lists of voters shall be made by the commune-level People's Committees according to the polling stations.

The lists of voters in the people's armed force units shall be made by the units' commands according to the polling stations; armymen having permanent residence registration in localities shall have their names inscribed in the lists of voters in their places of residence.

Article 25.-

1. Those persons, who are being deprived of the voting right under legally effective judgments or decisions of courts, serving prison terms, temporarily detained or have lost their civil act capacity, shall not have their names inscribed in the lists of voters.

2. If within twenty hours before the voting, the persons defined in Clause 1 of this Article have their voting right restored, are set free or certified by competent bodies as being no longer in the state of losing their civil act capacity, they shall have their names added to the lists of voters and be given voter cards.

3. If the persons, whose names have already been inscribed in the lists of voters, are, by the time of voting, deprived of their voting right by courts, have to serve prison terms, are temporarily detained or lose their civil act capacity, the commune-level People's Committee shall delete their names from the lists of voters and withdraw their voter cards.

Article 26.- At least thirty five days before the election day, the agencies making the lists of voters shall post up such lists at the offices of the commune-level People's Committees and at the public places of the polling stations, and at the same time widely announce the lists of voters and the posting-up thereof to people for examination.

Article 27.- When checking lists of voters, if finding any mistakes, within twenty five days after such lists are posted up, everybody may make oral or written complaints to the voters-listing agencies. The voter-listing agencies must record in books such complaints. Within five days after receiving the complaints, the voters-listing agencies must settle them and notify the complainants of the settlement results.

If the complainants disagree with such settlement, they may lodge their complaints to the district-level People's Courts. Within five days after receiving such complaints, the People's Courts must complete the settlement thereof. The People's Courts' decisions shall be the final ones.

Article 28.- From the time of posting up the lists of voters to the election day, if any voters change their places of residence, they may apply for the written certification by the commune-level People's Committees of the places of their residence so as to have their names inscribed in the lists of voters and to participate in voting at their new places of residence. When issuing such written certification, the People's Committees must immediately inscribe the phrase: "Voting in other places" beside the names of such persons in the lists of voters.

Chapter V

CANDIDACY AND CONSULTATION, NOMINATION OF THE PEOPLE’S COUNCIL CANDIDATES

Section 1. CANDIDACY AND DOSSIERS THEREOF

Article 29.- Nominees and independent candidates of the People's Councils must submit their candidacy dossiers at the Election Councils of localities where they stand for the election at least sixty days before the election day. Such a dossier comprises:

1. An application for candidacy;

2. A curriculum vitae certified by the commune-level People's Committee of the locality where such person resides or by the agency, organization or unit where he/she works;

3. A brief biography and three color-photos of 4 cm x 6 cm size.

After receiving and considering the dossiers of independent candidates or nominees of agencies, organizations and units, if such dossiers are valid under the provisions of this Law, the Election Councils shall transfer the brief biographies and lists of such candidates to the standing boards of Vietnam Fatherland Front Committees of the same levels.

Article 30.- Independent candidates and nominees of the People's Councils in any locality must be those who reside or work permanently in such locality.

Independent candidates and nominees shall have their names inscribed for candidacy at only one election unit and must not participate in the Election Board or the Election Team under the unit they stand for election.

Article 31.- The following persons must not stand for the People's Council election:

1. Persons defined in Clause 1, Article 25 of this Law;

2. Persons who are litigated for criminal offenses;

3. Persons who are serving the courts' criminal judgments or decisions;

4. Persons who have completely served the courts' criminal judgments or decisions but have their criminal records not yet remitted;

5. Persons who are serving decisions on administrative handling through education in communes, wards or townships, at education camps, medical establishments, or who are put on administrative probation.

Those who have already had their names inscribed in the lists of People's Council candidates and are, by the time the election starts, litigated for criminal offenses, arrested in the acts of committing crimes or lose their civil act capacity, shall have their names deleted by the Election Councils from the lists of the People's Council candidates and the voters shall be notified thereof.

Section 2. CONSULTATION, NOMINATION OF PEOPLE'S COUNCIL CANDIDATES

Article 32.- The first consultative conference at each level shall be held by the standing board of Vietnam Fatherland Front Committee of the same level at least eighty five days before the election day. Participants in the first consultative conference shall include the Standing Board of Vietnam Fatherland Front Central Committee and representatives of the leaderships of the Front's member organizations. Representatives of the Election Councils as well as the standing bodies of the People's Councils, and the People's Committees of the same levels shall be invited to attend this conference.

The provincial- and district-level first consultative conference shall negotiate on the proportion, composition and number of independent candidates and nominees of political organizations, socio-political organizations, social organizations, economic organizations, people's armed force units, State agencies of the same levels, and administrative units of lower levels.

The commune-level first consultative conference shall negotiate on the proportion, composition and number of independent candidates and nominees of political organizations, socio-political organizations, social organizations, economic organizations, people's armed force units, State agencies of the same levels as well as hamlets and population groups in localities.

The consultative conferences' minutes must clearly state the composition and number of participants as well as the conferences' developments and results. The provincial-level consultative conferences' minutes shall be immediately sent to the National Assembly Standing Committee, the Government, Vietnam Fatherland Front Central Committee as well as the standing boards of the People's Councils and the Election Councils of the same level. The district- or commune-level consultative conferences' minutes shall be sent immediately to the standing bodies of the People's Councils, the People's Committees, Vietnam Fatherland Front Committees of the immediate superior levels as well as the standing bodies of the People's Councils and the Election Councils of the same levels.

Article 33.- Basing themselves on the results of the first consultative conferences prescribed in Article 32 of this Law, at least eighty days before the election day:

1. The standing bodies of the provincial- or district-level People's Councils shall adjust the proportion, composition and number of nominees of agencies, organizations and units in their respective localities as well as independent candidates of the People's Councils of the same levels;

2. The standing bodies of the commune-level People's Councils shall adjust the proportion, composition and number of nominees of agencies, organizations, units, hamlets and population groups in their respective localities as well as independent candidates of the People’s Councils of the same level.

Article 34.- On the basis of the first consultative conferences' results and the adjustment of the standing bodies of the People's Councils, basing themselves on the criteria of the People's Council deputies, agencies, organizations, units as well as hamlets and population groups (for the commune level) which are allocated a definite number of deputies, shall nominate People's Council candidates. The nomination shall be conducted as follows:

1. The leaderships of political organizations, socio-political organizations or social organizations shall project their candidates for the People's Council election, organize the gathering of comments from voters' conferences in the localities where such persons work. Basing themselves on the comments of the voters conferences, the leaderships shall organize the conferences of the expanded executive boards to discuss and nominate their candidates for the People's Council election;

2. The leaderships of State agencies, non-business units or economic organizations shall coordinate with the agencies' trade union executive boards in projecting their candidates for the People's Council election, organize the gathering of comments from voters' conferences at the places where such persons work. Basing themselves on the comments of the voters' conferences, the agencies' leaderships shall organize conferences with the participation of the leaderships of agencies, units, organizations and trade union executive boards as well as representatives of the leaderships of attached units to discuss and nominate candidates for the People's Council election;

3. The leaderships or commands of the people's armed force units shall project their candidates for the People's Council election and organize the gathering of comments from conferences of voters at the places where such persons work. Basing themselves on the comments of the voters' conferences, the units' leaderships or commands shall organize conferences with the participation of leaderships or commands of the units, representatives of trade union executive boards (if any), and representatives of armymen and commanders of immediate subordinate levels to discuss and nominate their candidates for the People's Council election.

4. Vietnam Fatherland Front's working boards at hamlets or population groups shall project hamlets' or population groups' candidates for the commune-level People's Council election and coordinate with the hamlet chiefs or population groups' heads in organizing voters' conferences to discuss and nominate candidates for the commune-level People's Council election.

The nomination of candidates for the commune-level People's Council election at hamlets or population groups shall be jointly guided by the Government and Vietnam Fatherland Front Central Committee.

Article 35.- Agencies, organizations or units which nominate People's Council candidates must hand over the minutes of conferences of voters at places where such candidates work and the minutes of their expanded leadership conferences to discuss and nominate their candidates to the People's Council election to the standing boards of Vietnam Fatherland Front Committees of the levels which organize the consultative conferences.

Vietnam Fatherland Front's working boards shall transfer the minutes of voters' conferences at hamlets or population groups to discuss and nominate candidates to commune-level People's Council election to the standing boards of the commune-level Vietnam Fatherland Front Committees.

Article 36.- The second consultative conference at each level shall be held by the standing board of Vietnam Fatherland Front Committee of the same level at least fifty five days before the election day. The composition of participants and invitees shall be the same as for the first consultative conference.

The consultative conferences shall base themselves on the criteria of People's Council deputies, the proportion, composition and the number of deputies as well as nominees and independent candidates to make preliminary lists of People's Council candidates, send them for gathering comments on independent candidates and nominees of agencies, organizations or units from voters in the localities where such candidates reside and gather comments on the commune-level People's Council independent candidates and nominees of hamlets or population groups from voters in the places where they work (if any). The gathering of comments shall be organized according to the provisions of Article 37 of this Law.

The consultative conferences' minutes must clearly state the composition and number of participants as well as the conferences' developments and results. The minutes of the provincial-level consultative conferences shall be sent immediately to the National Assembly Standing Committee, the Government, Vietnam Fatherland Front Central Committee as well as the standing bodies of the People's Councils and the Election Councils of the same level. The minutes of the district- or commune-level consultative conferences shall be sent immediately to the standing bodies of the People's Councils, the People's Committees, Vietnam Fatherland Front committees of immediate superior levels as well as the standing bodies of the People's Councils and the Election Councils of the same levels.

Article 37.- The commune, ward and township conferences of voters held according to hamlets and population groups shall be jointly convened and presided over by the standing boards of Vietnam Fatherland Front Committees and the standing bodies of the People's Councils and the People's Committees of the same level.

Conferences of voters in State agencies, political organizations, socio-political organizations, social organizations, economic organizations or non-business units shall be jointly convened and presided over by the heads of agencies or organizations in coordination with the trade union executive boards of the same levels. Conferences of voters in people's armed force units shall be the armymen's conferences which are convened and presided over by the units' leaderships or commands.

People's Council nominees and independent candidates, and representatives of agencies, organizations, units, hamlets and population groups having candidates shall be invited to attend these conferences.

At these conferences, voters shall base themselves on the criteria of People's Council deputies to give their comments and express their confidence on independent candidates or nominees by raising their hands or casting secret ballots according to the conferences' decisions.

Minutes of voters' conferences for gathering comments on People's Council candidates must clearly state the composition and number of participants as well as conferences' developments and results. Minutes of voters' conferences for gathering comments on candidates of the People's Council of any level shall be sent to the standing board of Vietnam Fatherland Front Committee of such level for preparation for the third consultative conference.

Vietnam Fatherland Front Central Committee shall coordinate with the Government in guiding the order and procedures for organizing voters' conferences at working places and places of residence.

Article 38.- Responsibilities to verify, and reply to, matters raised by voters about nominees and/or independent candidates, are prescribed as follows:

1. For matters arising in working places, the agencies, organizations or units which directly manage the candidates shall have to verify and reply in writing to the standing boards of Vietnam Fatherland Front Committees of the levels which organize the consultative conferences.

In cases where candidates are heads of agencies, organizations or units, the immediate superior agencies, organizations or units shall have to make verification and reply. If such agencies, organizations or units do not have their immediate superior agencies, the agencies competent to decide the setting-up of such agencies, organizations or units shall have to make the verification and reply;

2. For matters arising in population quarters, the agencies, organizations or units that nominate candidates shall coordinate with the commune-level People's Committees in making the verification and written reply to the standing boards of Vietnam Fatherland Front Committees of the levels which organize consultative conferences;

3. For independent candidates of the People's Council of any level, the Election Councils shall coordinate with agencies, organizations or units directly managing such candidates or the commune-level People's Committees of the localities where such candidates reside in making the verification and written reply to the standing boards of Vietnam Fatherland Front Committees of the levels which organize the consultative conferences;

4. Within forty days before the election day, the verification of, and reply to, matters raised by voters about candidates prescribed in this Article must be completed.

Article 39.- The third consultative conference at each level shall be held by the standing board of Vietnam Fatherland Front Committee of the same level within thirty five days before the election day. The composition of participants and invitees shall be the same as for the first consultative conferences.

The consultative conferences shall base on the criteria of the People's Council deputies, the proportion, composition and number of independent candidates and nominees of agencies, organizations and units, and results of gathering of voters' comments to select and make the official lists of People's Council candidates.

The third consultative conferences' minutes must clearly state the composition and number of participants as well as conferences' developments and results.

Section 3. LISTS OF CANDIDATES

Article 40.- Within thirty days before the election day, the standing boards of the provincial-level Vietnam Fatherland Front Committees must send the third consultative conferences' minutes and the official lists of People's Council candidates to the National Assembly Standing Committee, the Government, Vietnam Fatherland Front Central Committee as well as the standing bodies of the People's Councils and the Election Councils of the same level; the district- or commune-level standing boards of Vietnam Fatherland Front Committees must send the third consultative conferences' minutes and the official lists of People's Council candidates to the standing bodies of the People's Councils, the People's Committees, Vietnam Fatherland Front Committees of immediate superior levels as well as the standing bodies of the People's Councils and the Election Councils of the same levels.

Article 41.- Within twenty five days before the election day, the Election Councils shall publicize the lists of candidates according to each election unit.

Within twenty days before the election day, the Election Teams must post up the lists of candidates according to the Election Councils' announcement at polling stations.

Article 42.- The number of People's Council candidates at each election unit must be larger than the number of deputies to be elected at such unit at least by two persons, except for cases of inadequacy of candidates due to force majeure reasons under the Government's guidance.

Article 43.-

1. As from the date of publicizing the lists of People's Council candidates, citizens may lodge their complaints or denunciations against candidates; or lodge complaints or file petitions about mistakes in the listing of candidates to the Election Councils of such levels. The Election Councils must inscribe such complaints, denunciations or petitions into books and settle them according to their respective competence.

In cases where complainants, denouncers or petitioners disagree with the Election Boards' settlement results, they may lodge their complaints or file their petitions to the Election Councils. The Election Councils' decisions shall be the final ones.

2. Within ten days before the election day, the Election Councils or the Election Boards shall cease the consideration and settlement of complaints, denunciations or petitions against candidates as well as the listing of candidates. In cases where such complaints or denunciations are clear with enough grounds to conclude that the candidates are unqualified to be People's Council deputies, the Election Councils of all levels shall decide to delete such candidates' names from the lists of candidates before the election day and notify voters thereof.

3. Anonymous written complaints or denunciations shall not be considered or settled.

4. The Election Councils shall transfer all dossiers on complaints and denunciations which are left unsettled as well as on complaints and denunciations which have already been settled but the settlement thereof are disagreed with by the involved parties to the standing bodies of the newly elected People's Councils of the same levels for settlement according to their respective competence.

Section 4. ELECTION PROPAGATION AND CAMPAIGNING

Article 44.- The Government shall direct the work of election information, propagation and campaigning nationwide. The Councils for election of deputies to the People's Councils of all levels shall direct the work of election information, propagation and campaigning in their respective localities.

Article 45.- State agencies, political organizations, socio-political organizations, social organizations, people's armed force units and press agencies shall, within the ambit of their respective tasks and powers, have to propagate the election.

Article 46.- Those persons with their names inscribed in the publicized lists of People's Council candidates may canvass for election through meetings or contacts with voters or through mass media according to law provisions in order to report to voters on their plans for the performance of their responsibilities if they are elected People's Council deputies.

Meetings and contacts with voters shall be held by the standing boards of Vietnam Fatherland Front Committees.

Article 47.- The election campaigning shall be conducted in a democratic, equitable and lawful manner, ensuring social order and safety, and must be finished twenty-four hours before the voting starts.

Chapter VI

ELECTION ORDER

Article 48.- The voting shall begin at seven hours and end at nineteen hours on the same day. Depending on the local 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 have already gone to the poll, the Election Teams of such polling stations may end the voting earlier than scheduled.

Before the voting, the Election Teams must check the ballot boxes to the witness of voters.

Article 49.- Each voter may cast his/her vote in the election of deputies to the People's Council of each level.

Voters must go to the poll themselves and must not ask others to cast the ballots on their behalf, except for cases prescribed in Article 50 of this Law; and must produce their voter's cards before casting their ballots.

Article 50.- Voters who cannot write ballots by themselves may ask others to do that for them but they must cast their ballots by themselves. Those who are asked to write the ballots must keep secret the voters' ballots. Disabled persons who cannot cast their ballots by themselves may ask others to cast the ballots into the ballot boxes.

In cases where voters are sick, old or disabled and cannot go to the polling rooms, the Election Teams shall send their staff to bring extra ballot boxes and ballots to voters' residence places so that voters can receive their ballots and cast them.

Article 51.- When voters write their votes, nobody, including the Election Teams' members, is allowed to observe them.

If errors are made, voters may ask for new ballots.

When voters have cast their ballots, the Election Teams shall have to stamp the "already cast ballots" seal on voter's cards.

Article 52.- Everybody must abide by the polling rooms' internal regulations; election propagation and campaigning must not be conducted at polling stations.

Article 53.- When the voting time ends, if any voters present in the polling rooms have not yet cast their ballots, only after such voters cast their ballots, can the Election Teams announce the end of the voting.

Article 54.- During the election day, the voting must be conducted continuously. In case of unexpected events 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 take necessary measures to continue the voting.

In special cases where the voting needs to be postponed or held earlier than scheduled, the Election Teams must promptly report thereon to the Election Boards in order to request the Election Councils to report such to competent agencies for consideration and decision.

Chapter VII

ELECTION RETURNS

Section 1. VOTE COUNTING

Article 55.- Vote-counting must be conducted in the polling rooms right after the voting ends.

Before opening the ballot boxes, the Election Teams must make statistics and records, seal up unused ballots and invite two voters other than candidates present there to witness the vote-counting.

Candidates as well as representatives of agencies, organizations, units, hamlets or population groups having candidates may witness the vote-counting and lodge their complaints thereabout. News reporters may witness the vote-counting.

Article 56.- The following ballots shall be considered invalid:

1. Ballots not being those made according to a set form and distributed by the Election Teams;

2. Ballots without the Election Teams' seal;

3. Ballots with the number of elected persons larger than the number of deputies to be elected by the election units;

4. Ballots with all candidates' names crossed out;

5. Ballots inscribed with names of those outside the lists of candidates, or ballots with additional inscriptions.

Article 57.- If there are any ballots suspected as invalid, the heads of the Election Teams must produce them to the whole teams for settlement.

The Election Teams must not cross out or amend names inscribed in ballots.

Article 58.- On-spot complaints about the vote-counting shall be received and settled by the Election Teams and the ways of settlement thereof shall be clearly inscribed in records. If the Election Teams cannot settle them, they must report such to the Election Boards for settlement.

Article 59.-

1. After completing the vote-counting, the Election Teams must make records thereon, which must clearly state:

a/ The total number of voters of the polling stations;

b/ The number of voters having cast their votes;

c/ The number of distributed votes;

d/ The number of retrieved votes;

e/ The number of valid votes;

f/ The number of invalid votes;

g/ The number of votes for each candidate;

h/ The received complaints, the settled complaints and ways of settlement thereof, and complaints already transferred to the Election Boards for settlement.

2. A vote-counting record shall be made in three copies with signatures of the head, deputy-head and secretary of the Election Team as well as two voters invited to witness the vote-counting for sending to the Election Board, the People's Committee and the standing board of Vietnam Fatherland Front Committee of commune, ward or township.

Section 2. RETURNS OF ELECTION AT ELECTION UNITS

Article 60.-

1. The Election Boards shall examine the vote-counting records of the Election Teams and make records certifying the election returns at their respective election units. Such a record of certification of the election returns must clearly state:

a/ The number of People's Committees deputies fixed for an election unit;

b/ The number of candidates;

c/ The total number of voters of the election unit;

d/ The number of voters having cast their votes and the percentage thereof on the total number of voters;

e/ The number of distributed votes;

f/ The number of retrieved votes;

g/ The number of valid votes;

h/ The number of invalid votes;

i/ The number of votes for each candidate;

j/ The lists of elected persons;

k/ Complaints already settled by the Election Teams; complaints settled by the Election Boards; and complaints transferred to the Election Councils for settlement.

2. A record on certification of the election returns shall be made in four copies with signatures of the head, deputy head and secretary of the Election Board and sent to the Election Council, the standing body of the People's Council, the People's Committee and the standing board of Vietnam Fatherland Front Committee of the same level.

Article 61.- Those candidates who win more than half of valid votes and win more votes shall be elected. In cases where many candidates have the equal number of votes, the older candidates shall be elected.

Section 3. ADDITIONAL ELECTION AND RE-ELECTION

Article 62.- If in the first election, the number of elected persons is less than two-thirds of the number of deputies already fixed for the election units, the Election Boards must clearly inscribe such in the records on certification of the election returns and report thereon immediately to the Election Councils for deciding on the date for the election of additional deputies. The additional election must be organized within fifteen days after the first election.

In the additional election, voters shall only choose among those on the lists of first-election candidates who have not been elected. If the additional election still fails to bring in the adequate number of deputies, the second additional election shall not be organized.

Article 63.- In any election unit, if the number of voters having gone to the poll accounts for less than half of the number of voters inscribed in the lists, the Election Boards must clearly inscribe such in the records and report thereon immediately to the Election Councils. The Election Councils shall decide on the date for re-election, which shall be within fifteen days after the first election.

In the re-election, voters shall only choose among those on the lists of first-election candidates. If the number of voters having gone to the poll in the re-election still fails to exceed half of the number of voters inscribed in the lists, the second re-election shall not be organized.

Article 64.- The National Assembly Standing Committee shall cancel the election at those election units, which commit serious violations of law at the proposal of the Government and decide on the date for re-election at such election units.

Article 65.- The lists of voters of additional election or re-election shall be based on the lists already drawn up in the first election and comply with the provisions of this Law.

Section 4. SUMMING UP THE ELECTION

Article 66.-

1. The Election Councils shall examine the Election Boards' records on certification of the election returns, settle complaints and make sum-up reports on the election of deputies to the People's Councils in their respective administrative units. Such a sum-up report on the election must clearly state:

a/ The total number of deputies fixed for the People's Council of such level;

b/ The total number of candidates;

c/ The number of election units and polling stations;

d/ The total number of voters;

e/ The number of voters having cast their votes, the percentage thereof on the total number of voters;

f/ The number of distributed votes;

g/ The number of retrieved votes;

h/ The number of valid votes;

i/ The number of invalid votes;

j/ The number of votes for each candidate;

k/ Lists of elected persons;

l/ Complaints and denunciations settled by the Election Councils;

m/ Important things having already happened and ways of settlement thereof.

2. A sum-up report on the election shall be made in six copies with signatures of the chairman, vice-chairman and secretary of the Election Council and sent to the People's Council, the People's Committee and Vietnam Fatherland Front Committees of the same level and immediate superior level. The records of the election of provincial-level People's Council deputies shall be sent to the People's Councils, the People's Committees, Vietnam Fatherland Front Committees of the same level, the National Assembly Standing Committee, the Government, and Vietnam Fatherland Front Central Committee.

Article 67.- The Election Councils shall publicize the election returns within:

a/ Five days after the election date, for the election of deputies to the commune, ward or township People's Councils;

b/ Seven days after the election date, for the election of deputies to the People's Councils of delta rural districts and urban districts as well as provincial towns and cities;

c/ Ten days after the election date, for the election of deputies to the People's Councils of mountainous and island rural districts as well as provinces and centrally-run cities; or fifteen days, for mountainous provinces.

Chapter VIII

ADDITIONAL ELECTION OF PEOPLE'S COUNCIL DEPUTIES

Article 68.-

The additional election of People's Council deputies in a term shall be organized in the following cases where:

1. Election units have insufficient deputies;

2. Administrative units are newly merged, administrative units are separated into many new administrative units, or administrative units are upgraded and have inadequate number of People's Council deputies under the provisions of law.

The additional election shall be organized only in cases where the number of People's Council deputies no longer accounts for two-thirds of the fixed total number of deputies and when the term of the People's Council remains at least one-third, except for special cases which shall comply with the Government's guidance.

The procedures for additional election of People's Council deputies shall comply with the provisions of this Law and other relevant law provisions.

Article 69.- The National Assembly Standing Committee shall decide on the additional election and announce the date for additional election of deputies to the provincial-level People's Councils.

The standing bodies of the provincial-level People's Councils shall decide on the additional election and announce the date for additional election of deputies to the district- or commune-level People's Councils.

The date for additional election of People's Council deputies must be announced at least thirty days before the election date.

Article 70.- Within twenty days before the date for additional election of deputies to the People's Council of any level, the People's Committee, the standing body of the People's Council and standing board of Vietnam Fatherland Front Committee of such level shall set up the Additional-Election Council composed of between three and five persons, and within at least fifteen days before the additional election date, set up at each additional election unit an Additional-Election Board composed of between three and five persons being representatives of State agencies, political organizations and socio-political organizations.

The Additional-Election Council shall elect its chairman and secretary.

The Additional-Election Board shall elect its head and secretary.

Article 71.- Within at least ten days before the additional-election date, the commune-level People's Committee shall set up at each polling station an Additional-Election Team composed of between five and seven persons being representatives of social organizations and local electorates.

The Additional-Election Team shall elect its head, deputy head and secretary.

Article 72.- Organizations in charge of additional election shall perform their tasks and exercise their powers as prescribed by this Law.

Article 73.- Lists of voters shall be made and post up by the commune-level People's Committees within fifteen days before the additional-election date.

Article 74.- Within fifteen days before the date for additional election of deputies to the People's Council of any level, the standing board of Vietnam Fatherland Front Committee of such level shall organize consultative conference according to the order and procedures jointly prescribed by the Government and Vietnam Fatherland Front Central Committee to select and nominate candidates and draw up lists of the candidates.

Lists of People's Council candidates in the units with inadequate number of deputies shall be announced by the Additional-Election Councils within seven days before the election date.

Article 75.- The additional-election work-related complaints and denunciations shall be settled according to the provisions of this Law.

Chapter IX

HANDLING OF ACTS OF VIOLATING LEGISLATION ON ELECTION

Article 76.- Those persons who resort to deception, fraud, inducement or coercion, thus obstructing the election or candidacy of People's Council deputies by citizens; those who are persons responsible for the election work but forge papers, commit fraud in vote-counting, or employ other tricks to falsify the election returns shall, depending on the nature and seriousness of their violations, be disciplined, administratively handled or examined for penal liability.

Article 77.- All people are entitled to denounce unlawful acts in the election of the People's Council deputies.

Those who obstruct or retaliate the denouncers shall, depending on the nature and seriousness of their violations, be disciplined, administratively handled or examined for penal liability.

Chapter X

IMPLEMENTATION PROVISIONS

Article 78.- This Law replaces the June 21, 1994 Law on the Election of Deputies to the People's Councils (amended).

Article 79.- The National Assembly Standing Committee, the Government and Vietnam Fatherland Front Central Committee shall guide the implementation of this Law.

This Law was passed by the XIth National Assembly of the Socialist Republic of Vietnam on November 26, 2003 at its 4th session.

 

 

THE NATIONAL ASSEMBLY
CHAIRMAN




Nguyen Van An

 

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Law No. 12/2003/QH11 on the election of deputies to the People's Councils
Loại văn bản Luật
Số hiệu 12/2003/QH11
Cơ quan ban hành Quốc hội
Người ký Nguyễn Văn An
Ngày ban hành 26/11/2003
Ngày hiệu lực 10/12/2003
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Lĩnh vực Bộ máy hành chính, Quyền dân sự
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