Luật 85/2015/QH13

Law No. 85/2015/QH13 dated June 25, 2015, on election of deputies to the National Assembly and People’s Councils

Nội dung toàn văn Law No. 85/2015/QH13 on election of deputies to the National Assembly and People’s Councils


THE NATIONAL ASSEMBLY
-------

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

Law No. 85/2015/QH13

Hanoi, June 25, 2015

 

LAW

ON ELECTION OF DEPUTIES TO THE NATIONAL ASSEMBLY AND PEOPLE’S COUNCILS

Pursuant to Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates a Law on election of deputies to the National Assembly and People’s councils.

Chapter I

GENERAL PROVISIONS

Article 1. Rules for election

The election of deputies to the National Assembly and People’s Councils shall be conducted in the principles of universal suffrage, equality, direct voting and secret ballot.

Article 2. Voting age and age of candidacy

From the date on which the polling day is announced, every 18-year-old or older citizen of the Socialist Republic of Vietnam is entitled to vote in the election and every 21-year-old or older citizen is entitled to stand for the election to the National Assembly and the People’s Councils as prescribed in this Law.

Article 3. Standards applicable to candidates

1. Candidates for the National Assembly deputies are required to achieve standards applicable to the National Assembly deputies as prescribed in Law on organization of the National Assembly.

2. Candidates for the People’s Council deputies are required to achieve standards applicable to the People’s Council deputies as prescribed in Law on organization of local governments.

Article 4. Responsibilities of agencies and organizations for holding the election

1. The National Assembly shall decide the national polling day for election of deputies to the National Assembly, election of deputies to the People’s Councils; decide the by-election of deputies to the National Assembly during a term; decide and establish the National Election Commission.

2. The National Election Commission shall hold election of deputies to the National Assembly; direct and give instructions in election of deputies to the People’s Councils.

3. The Standing committee of the National Assembly shall make proposal for numbers of National Assembly deputies; determine proportion and composition of nominated National Assembly candidates; give instructions in proportion, composition and number of nominated candidates for the People’s Council deputies; supervise the election of deputies to National Assembly and the People’s Councils, and ensure that the election is conducted in the principles of democracy, legality, safety and economy.

4. The Government shall direct Ministries, ministerial-level agencies, Governmental agencies, People’s Committees to hold the election as prescribed in regulations of law; carry out measures for funding assurance, provide guidance on management and use of election funding, ensure the communications, propagation, security, safety and other conditions serving the election.

5. Vietnamese Fatherland Front shall organize consultations to select and nominate candidates for the National Assembly and the People’s Councils; and supervise the election of deputies to the National Assembly and the People’s Councils.

6. Election Commissions of central-affiliated cities and provinces (hereinafter referred to as provinces) shall hold elections of deputies to the National Assembly in local governments; Election Commissions of central-affiliated cities and provinces, Election Commissions of suburban districts, districts, district-level towns, provincial-affiliated cities, cities affiliated to central-affiliated cities (hereinafter referred to as districts), Election Commissions of communes, wards and towns (hereinafter referred to as communes) shall hold elections of deputies to the People’s Councils of provinces, districts and communes; Election Boards, Election Teams shall hold elections of deputies to the National Assembly and the People’s Councils as prescribed in this Law.

7. Standing boards of People’s Councils shall make proposal for proportion, composition and number of the People’s Council deputies at the same administrative level; Standing boards of People’s Councils and People’s Committees shall, within their competence, supervise, inspect and hold the elections as prescribed in this Law and relevant legislative documents.

8. Regulatory agencies, political organizations, socio-political organizations, social organizations, people's armed units, public service providers and business organizations shall facilitate the organizations in charge of election (hereinafter referred to as electoral organizations) within their tasks and powers.

Article 5. The polling day

The polling day must be a Sunday and be announced within 115 days before the polling day.

Article 6. Election funding

Election funding for election of deputies to the National Assembly and People’s Councils shall be ensured by government budget.

Chapter II

PROPOSALS FOR PROPORTION, COMPOSITION AND NUMBER OF NATIONAL ASSEMBLY DEPUTIES, PEOPLE’S COUNCIL DEPUTIES; CONSTITUENCIES AND POLLING STATIONS

Article 7. Proposals for number of National Assembly candidates

 Standing committee of the National Assembly shall make a proposal for number of National Assembly candidates in each province according to following rules:

1. Each province has at least three candidates who reside and work in such province;

2. The remaining number of candidates shall be determined according to the size of population and characteristics of each province, provided that the total number of candidates to be elected to National Assembly is five hundred candidates.

Article 8. Proposals for proportion and composition of nominated National Assembly candidates

1. According to the proposal for number of National Assembly candidates, within 105 days before the polling day, Standing Committee of the National Assembly shall, with the consent of the Standing board of Central committee of Vietnamese Fatherland Front and representatives of socio-political organizations, make a proposal for proportion and composition of National Assembly deputies, number of nominated National Assembly candidates selected by political organizations, political-social organizations, social organizations, people’s armed forces, regulatory agencies in central and local governments in order to ensure the appropriate proportion of representatives for the people in the National Assembly.

2. The number of ethnics who are nominated National Assembly candidates shall be proposed by Standing Committee of the National Assembly at the request of the National Assembly's Ethnic Council, provided that at least 18% of total official National Assembly candidates are ethnics.

3. The number of women who are nominated National Assembly candidates shall be proposed by Standing Committee of the National Assembly at the request of the Presidium of Central Committee of Vietnam Women's Union, provided that at least 35% of total official National Assembly candidates are women.

4. The proposal for proportion, composition and number of nominated National Assembly candidates made by Standing Committee of the National Assembly shall be sent to the National Election Committee, Standing board of Central committee of Vietnamese Fatherland Front, Election Commissions of provinces, Standing board of Vietnamese Fatherland Front Committees of provinces.

Article 9. Proposals for proportion and composition of nominated People’s Council candidates

According to the number of People’s Council deputies to be elected at each administrative unit as prescribed in Law on organization of local governments, with the consent of Standing boards of Vietnamese Fatherland Front Committees and People’s Committees at the same level, within 105 days before the polling day:

1. Standing bodies of People’s Councils of provinces, Standing bodies of People’s Councils of districts shall make proposals for proportion, composition and number of nominated People’s Council candidates of provinces or districts nominated by political organizations, socio-political organizations, social organizations, people's armed units, regulatory agencies at the same administrative level and inferior administrative divisions, public service providers and business organizations in administrative divisions, provided that at least 35% of total official People’s Council candidates are women; the number of candidates who are ethnics shall be determined according to actual condition of each local government;

2. Standing bodies of People’s Councils of communes shall make proposals for proportion, composition and number of nominated People’s Council candidates of communes selected by political organizations, social-political organizations, social organizations, people's armed units, regulatory agencies at the same level and villages, hamlets, mountain villages, mountain hamlets (hereinafter referred to as villages), neighborhoods, public service providers and business organizations in the administrative divisions, provided that at least 35% of total official People’s Council candidates are women; the number of candidates who are ethnics shall be determined according to actual condition of each local government;

3. The proposal for proportion, composition and number of nominated National Assembly candidates made by Standing board of a People’s Council shall be sent to the National Election Committee, its superior Standing body of the People’s Council, and the Standing board of Central committee of Vietnamese Fatherland Front, Election Commissions at the same administrative level.

Article 10. Constituencies

1. National Assembly deputies and People’s Council deputies shall be elected by constituencies.

2. Every province shall be divided into constituencies of National Assembly deputies.

Number of constituencies, list of constituencies and number of National Assembly deputies to be elected in each constituency shall, at the request of Election Commission of the province, be determined by the National Election Commission according to the size of population and announced within 80 days before the polling day.

3. Every province shall be divided into constituencies of People’s Council deputies of provinces. Every district shall be divided into constituencies of People’s Council deputies of districts. Every commune shall be divided into constituencies of People’s Council deputies of communes.

Number of constituencies of People’s Council deputies of a province, a district or a commune, list of constituencies and number of deputies to be elected in each constituency shall, at the request of the People’s Committee at the same administrative level, be determined by the Election Commission at the same administrative level and announced within 80 days before the polling day.

4. Each constituency of National Assembly deputies is entitled to elect up to three deputies. Each constituency of People’s Council deputies is entitled to elect up to five deputies.

Article 11. Polling stations

1. Each constituency of National Assembly deputies and each constituency of People’s Council deputies shall be divided into polling stations. The polling stations of National Assembly deputies and the polling stations of People’s Council deputies are the same.

2. Each polling station shall have between three hundred and four thousand electors.

In the mountainous region, highland, islands and sparsely populated areas, they may set up polling stations although there are enough three hundred electors.

3. The places which may have separate polling stations:

a) People's armed units;

b) Hospitals, maternity wards, convalescent homes, the disabled care facilities, elderly people care facilities which there are at least fifty electors;

c) Reform schools, detoxification units, detention centers.

4. The determination of polling stations shall be decided by People’s Committees of communes and approved by People’s Committees of districts. Regarding districts having no commune or town, the determination of polling stations shall be decided by People’s Committees of districts.

Chapter III

NATIONAL ELECTION COMMISSION AND ELECTORAL ORGANIZATIONS IN LOCAL GOVERNMENTS

Section 1. NATIONAL ELECTION COMMISSION

Article 12. Organizational structure of National Election Commission

1. National Election Commission shall be established by the National Assembly and composed of between fifteen and twenty one persons namely President, Deputy Presidents and members who are representatives of Standing Committee of the National Assembly, the Government, Central Commission of Vietnamese Fatherland Front and relevant agencies or organizations.

2. The President of National Election Commission shall be elected or discharged at the request of Standing Committee of the National Assembly. Deputy Presidents and members of National Election Commission shall be ratified by the National Assembly at the request of the President of National Election Committee.

3. National Election Commission shall establish Teams that help National Election Committee to perform their tasks and powers in each field.

Article 13. Rules for operation of National Election Commission

National Election Commission shall work collectively under the majority rule. A meeting of National Election Commission shall be held when it is attended by at least 2/3 of members; a decision is ratified when it is voted for by more than half of the participating members.

National Election Commission shall take responsibility to the National Assembly and send reports on their operation to the National Assembly and Standing Committee of the National Assembly.

Article 14. General tasks and powers of National Election Commission

1. Hold election of deputies to the National Assembly.

2. Direct and give instructions in election of deputies to People’s Councils.

3. Direct the communications, propagation and election campaigns.

4. Direct activities in terms of security, order, social safety in the election.

5. Inspect and expedite the implementation of law on election.

6. Promulgate forms of candidacy dossiers, elector’s cards, ballot papers, internal regulations on polling booths, and other forms used in the election.

Article 15. Tasks and powers of National Election Commission in election of deputies to the National Assembly

1. Define and announce the number of constituencies of National Assembly deputies, the list of constituencies and the number of candidates for National Assembly deputies in each constituency.

2. Receive and consider candidacy dossiers on National Assembly candidates nominated by central political organizations, social-political organizations, social organizations, people’s armed forces, regulatory agencies; receive candidacy dossiers and lists of National Assembly candidates sent by Election Commissions of provinces.

3. Send list of résumés, copies of brief biography and income and asset declaration of National Assembly candidates nominated by central political organizations, socio-political organizations, social organizations, People’s armed forces, regulatory agencies to Standing board of Central committee of Vietnamese Fatherland Front for consultations. Nominate and send candidacy dossiers on National Assembly candidates nominated by the Presidium of Central Commission of Vietnamese Fatherland Front to stand for election in provinces.

4. Formulate and announce official lists of National Assembly candidates in each constituency; cross out names of candidates from the official lists of National Assembly candidates.

5. Receive and inspect reports on election returns of Election Commissions of provinces, Election Boards; and make closing reports on election of deputies to the National Assembly nationwide.

6. Decide additional election and re-election of National Assembly deputies or cancel election results and decide the re-election day in the polling stations, constituencies of National Assembly deputies having serious violations against regulations of law.

7. Certify and announce results of election of deputies to the National Assembly nationwide; certify status of elected National Assembly deputies.

8. Submit closing reports on the election nationwide and certification results of status of elected National Assembly deputies to the new National Assembly.

9. Settle complaints and denunciations of activities in terms of election of deputies to the National Assembly; transfer documents, complaints and denunciations in relation to elected National Assembly deputies to Standing Committee of the National Assembly.

10. Manage and allocate election funding to National Assembly deputies.

Article 16. Tasks and powers of National Election Commission pertaining to direction and guidance on activities in terms of election of deputies to the People’s Councils

1. Direct and give instructions in implementation of regulations of law on election of deputies to People’s Councils.

2. Give instructions in operation of electoral organizations of deputies to People’s Councils.

3. Inspect the organization of election of deputies to the People’s Councils.

4. Cancel election results and decide the re-election day in the polling stations, constituencies of National Assembly deputies having serious violations against regulations of law.

Article 17. Tasks and powers of the President, the Deputy Presidents and members of National Election Commission

1. The President of National Election Commission shall take responsibility to the National Assembly for operation of National Election Commission and perform following tasks and powers:

a) Submit list of Deputy Presidents and members of National Election Commission to the National Assembly for ratification;

b) Convene and preside over meetings of National Election Commission;

c) Direct and manage operation of National Election Commission;

d) Keep contact with members of National Election Commission;

dd) Represent National Election Commission in relationships with other agencies or organizations;

e) Perform other tasks and powers assigned by National Election Commission.

2. The Deputy Presidents and members of National Election Commission shall perform other tasks and powers assigned by National Election Commission and take responsibility to National Election Commission for their operation.

3. When the President of National Election Commission is absent, one of the Deputy Presidents shall be perform tasks and powers on behalf of the President of National Election Commission.

Article 18. Working relationship of National Election Commission

1. National Election Commission shall cooperate with Standing Committee of the National Assembly in supervision and inspection of election of deputies to the National Assembly and People’s Councils.

2. National Election Commission shall cooperate with the Presidium of Central Commission of Vietnamese Fatherland Front in consultation and nomination for National Assembly candidates, guidance on consultation and nomination for People’s Council candidates and election campaign.

3. National Election Commission shall cooperate with Standing Committee of the National Assembly in supervision and inspection of election of deputies to the National Assembly and People’s Councils.

4. National Election Committee shall direct and provide instructions in election of deputies to the National Assembly and People’s Councils for electoral organizations nationwide.

Article 19. Assisting units and operating funding of National Election Commission

1. National Election Commission has assisting units promulgated by Standing Committee of the National Assembly.

2. National Election Commission is entitled to requisition officials and civil servants of regulatory agencies, political organizations and political organizations to assist National Election Commission.

3. The operating funding of National Election Commission shall be ensured by government budget.

Article 20. Time for task completion of National Election Commission

The tasks of National Election Commission shall be completed after it submitted the closing report on the general election and certification results of status of elected National Assembly deputies to the new National Assembly and transferred the closing report and documents on election of deputies to the National Assembly to the new Standing Committee of the National Assembly.

Section 2. LOCAL ELECTORAL ORGANIZATIONS

Article 21. Local electoral organizations

Local electoral organizations shall consist of:

1. Election Commissions of provinces, districts, and communes (hereinafter referred to as the Election Commissions).

2. Election Boards of National Assembly deputies, Election Boards of People’s Council deputies of provinces, districts, and communes (hereinafter referred to as the Election Boards).

3. Election Teams.

Article 22. Establishment, proportion and composition of the Election Commissions

1. Within 105 days before the polling day, each People’s Committee of province shall, with the consent of the Standing body of People’s Council and the Standing Committee of Vietnamese Fatherland Front of the province, decide the establishment of the Election Commission of province to carry out election of deputies to the National Assembly and People’s Council of province.

Each Election Commission of province shall consist of between twenty one and thirty one members namely President, Deputy Presidents and members who are representatives of Standing body of People’s Council, People’s Committee and Vietnamese Fatherland Front of province and relevant agencies and organizations.

The list of Election Commissions of the province shall be sent to National Election Commission, Standing Committee of the National Assembly, the Government, and Standing board of Central committee of Vietnamese Fatherland Front.

2. Within 105 days before the polling day, each People’s Committee of district or commune shall, with the consent of the Standing body of People’s Council and the Standing Committee of Vietnamese Fatherland Front of the district or commune, decide the establishment of the Election Commission at the same administrative level to carry out election of deputies to the People’s Councils.

Each Election Commission of district shall consist of between eleven and fifteen members; each Election Commission of commune shall consist of between nine and eleven members. Members of each Election Commission of district or commune shall consist of President, Deputy Presidents and members who are representatives of Standing body of People’s Council, People’s Committee and Vietnamese Fatherland Front of the district or commune and relevant agencies and organizations.

The list of the Election Commission of each district or commune shall be sent to its superior Standing Committee of People’s Council, People’s Committee and Standing Committee of Vietnamese Fatherland Front.

Article 23. Tasks and powers of the Election Commission

1. With regard to election of deputies to the National Assembly, each Election Commission of province shall have following tasks and powers:

a) Direct the preparation and organization of election of deputies to the National Assembly in National Assembly constituencies of the province; inspect and expedite implementation of law on election of deputies to the National Assembly carried out by Election Boards and Election Teams of National Assembly deputies;

b) Direct the communications and propagation and election campaign of National Assembly deputies in the province;

c) Direct activities in terms of security, order, social safety in the election of National Assembly deputies in the province;

d) Receive and consider candidacy dossiers on National Assembly candidates nominated by political organizations, socio-political organizations, social organizations, People’s armed forces, regulatory agencies, public service providers, and business organizations in the province and candidacy dossiers on independent National Assembly candidates in the province; send list of résumés, copies of brief biography and income and asset declaration of nominated and independent National Assembly candidates to Standing Committee of Vietnamese Fatherland Front of the province for consultations; send documents and lists of National Assembly candidates in the province to National Election Commission;

dd) Make list of National Assembly candidates by constituencies and send reports to National Election Commission for decision;

e) Direct and inspect the formulating and posting of electoral register;

g) Receive documents, ballot papers of National Assembly deputies from People's Committees of provinces and distribute them to Election Boards of National Assembly deputies within 25 days before the polling day;

h) Settle complaints and denunciations of activities in terms of election of deputies to the National Assembly carried out by Election Boards and Election Teams of National Assembly deputies; complaints and denunciations of activities in terms of election of deputies to the National Assembly sent by Election Boards and Election Teams of National Assembly deputies; complaints and denunciations of National Assembly candidates;

i) Receive and inspect reports on election returns of National Assembly deputies sent by Election Boards of National Assembly deputies; make reports on election returns of National Assembly deputies in local governments;

k) Send reports on organization of election of deputies to the National Assembly at the request of National Election Commission;

l) Transfer documents and reports on election returns of National Assembly deputies to National Election Commission;

m) Hold additional election and re-election of deputies to the National Assembly at the decision of National Election Commission;

2. With regard to election of deputies to People’s Councils, each Election Commission shall have following tasks and powers:

a) Direct the election of deputies to the People’s Council at the same administrative level; inspect and expedite implementation of regulations of law on election of deputies to the People’s Councils;

b) Manage and allocate election funding to People’s Council deputies at the same administrative level;

c) Direct the communications and propagation and election campaign of National Assembly deputies at the same administrative level;

d) Direct activities in terms of security, order, social safety in election of deputies to the People’s Councils at the same administrative level;

dd) Define and announce number of constituencies, list of constituencies and number of candidates in each constituency of People’s Council deputies at the same administrative level;

e) Receive and consider candidacy dossiers on People’s Council candidates nominated by political organizations, socio-political organizations, social organizations, People’s armed forces, regulatory agencies, public service providers, and business organizations, villages and candidacy dossiers of independent People’s Council candidates at the same administrative level; send list of résumés, copies of brief biography and income and asset declaration of nominated and independent People’s Council candidates to Standing Committee of Vietnamese Fatherland Front at the same administrative level for consultations;

g) Make and announce official list of People’s Council candidates at the same administrative level by each constituency of People’s Council deputies; cross out names of candidates from the officials list of People’s Council candidates at the same administrative level;

h) Receive documents, ballot papers of People’s Council deputies from the People's Committee at the same administrative level and distribute them to Election Boards within 25 days before the polling day;

i) Receive and inspect reports on election returns of People’s Council deputies at the same administrative level in each constituency sent by Election Boards; and make reports on election returns of People’s Council deputies at the same administrative level;

k) Hold additional election and re-election of deputies to the People’s Council as prescribed in Articles 79, 80, 81 and 82 of this Law;

l) Certify and announce results of election of deputies to the People’s Councils; and certify status of elected People’s Council deputies;

m) Submit closing reports on election returns of People’s Council deputies and certification results of status of elected People’s Council deputies at the same administrative level to the new People’s Council;

n) Settle complaints and denunciations of activities in terms of election of deputies to the People’s Council carried out by Election Boards and Election Teams of People’s Council deputies; complaints and denunciations of activities in terms of election of deputies to the People’s Council sent by Election Boards and Election Teams of People’s Council deputies; complaints and denunciations of National Assembly candidates; and list of candidates of People’s Council deputies at the same administrative level;

o) Transfer closing reports and documents on election of People’s Council deputies to Standing board of the new People’s Council at the same administrative level;

Article 24. Election Boards

1. Within 70 days before the polling day, with the consent of the Standing body of People’s Council and the Standing Committee of Vietnamese Fatherland Front at the same administrative level, each People’s Committee of province shall decide the establishment of Election Boards, each constituency of the province shall have one Election Board. Each Election Board shall consist of between nine and fifteen members namely Head of board, Deputy Heads of board and members who are representatives of Standing body of the People’s Council, the People’s Council, and the Central Commission of Vietnamese Fatherland Front at the same administrative level and relevant agencies or organizations.

2. Within 70 days before the polling day, each People’s Committee of province, district or commune shall, with the consent of the Standing body of People’s Council and the Standing board of Central committee of Vietnamese Fatherland Front at the same administrative level, decide the establishment of Election Boards. Each Election Board of People's Council deputies shall be established in a constituency at the same administrative level and composed of representatives of regulatory agencies, political organizations, socio-political organizations, and social organizations. Each Election Board of People’s Council deputies of commune shall also have representatives of electors in the commune.

Each Election Board of People's Council deputies of province shall have between eleven and thirteen persons. Each Election Board of People's Council deputies of district shall have between nine and eleven persons. Each Election Board of People's Council deputies of commune shall have between seven and nine persons. Each Election Board shall be composed of Head of board, Deputy Heads of boards and members.

3. Tasks and powers of each Election Board:

a) Inspect and expedite implementation of regulations of law on election carried out by Election Teams of the constituency;

b) Inspect and expedite the formulating and posting of electoral registers and list of candidates at Election Teams of the constituency;

c) Direct, inspect and expedite the arrangement of polling booths and the election activities in polling booths;

d) Receive and distribute documents and ballot papers to Election Teams within 15 days before the polling day;

dd) Receive, synthesize and inspect reports on election returns sent by Election Teams; and make reports on election returns of the constituency;

e) Settle complaints and denunciations of activities in terms of election of deputies to the People’s Council carried out by Election Teams; complaints and denunciations of activities sent by Election Teams; receive and send complaints and denunciations of National Assembly candidates to the Election Commission of province; and receive and send complaints and denunciations of People’s Council candidates to the Election Commission at the same administrative level;

g) Send reports on organization of election at the instructions and request of National Election Commission and at the request of Election Commission at the same administrative level;

h) Transfer documents on election of deputies to the National Assembly to the Election Commission of province; and transfer documents on election of deputies to the People’s Councils to the Election Commission at the same administrative level;

i) Hold additional election or re-election (if any).

Article 25. Election Teams

1. Within 50 days before the polling day, each People’s Committee of commune shall, with the consent of the Standing body of People’s Council and the Standing board of Central committee of Vietnamese Fatherland Front of the commune, decide the establishment of Election Teams. Each Election Team shall be established in a polling station to carry out election of deputies to the National Assembly and People’s Councils. The Election Team shall consist of between eleven and twenty one persons namely Team leader, Secretary and members who are representatives of regulatory agencies, political organizations, socio-political organizations, social organizations, and representatives of electors in the commune.

With regard to districts having no commune or commune-level town, the People’s Committee of the district shall, with the consent of the Standing body of People’s Council and the Standing board of Central committee of Vietnamese Fatherland Front of the district, decide the establishment of Election Teams. Each Election Team shall be established in a polling station and composed of between eleven and twenty one members namely Team leader, Secretary and members who are representatives of regulatory agencies, political organizations, socio-political organizations, social organizations, and representatives of electors in the district.

Each people's armed unit, which shall have a separate polling station, which have an Election Team having between five and nine members namely Team leader, Secretary and members who are representatives of commander and soldiers in such people's armed unit.

In case any people's armed unit have the same polling station with the local government, with the consent of the Standing body of People’s Council and the Standing Committee of Vietnamese Fatherland Front at the same administrative level, the People’s Committee of commune and the commander of such people's armed unit shall decide the establishment of an Election Team, which consist of between eleven and twenty one members namely Team leader, Secretary and members who are representatives of regulatory agencies, political organizations, socio-political organizations, social organizations, representatives of electors in the local government, representatives of commander and soldiers in such people's armed unit.

2. Tasks and powers of each Election Team:

a) Take charge of election in the polling station;

b) Arrange polling booths and prepare ballot-boxes;

c) Receive documents and ballot paper from the Election Board; distribute electors’ cards and ballot papers stamped by the Election Team to electors;

d) Regularly inform electors of the polling day, polling booths and time for casting the ballots within 10 days before the polling day;

dd) Ensure the implementation of regulations of law on election and internal regulations on polling booths;

e) Settle complaints and denunciations of activities carried out by the Election Team as prescribed in this Article; receive and send complaints and denunciations of National Assembly candidates or People’s Council deputies and complaints and denunciations beyond the competence of the Election Team to the Election Commission at the same administrative level;

g) Counting and make reports on election returns, then send them to the Election Board at the same administrative level;

h) Transfer the reports on election returns and all ballot papers to the People’s Committee of commune upon the completion of the counting;

i) Send reports on organization of election as prescribed by superior organizations in charge of election;

k) Hold by-election in the polling station (if any).

Article 26. Rules for operation of local electoral organizations

1. Local electoral organizations shall work collectively under the majority rule. A meeting shall be held when it is attended by at least 2/3 of members; a decision is ratified when it is voted for by more than half of the participating members.

2. Competent agencies establishing electoral organizations have right to requisition officials and civil servants of regulatory agencies, socio-political organizations, social organizations, and public service providers to assist activities related to the election.

Article 27. Persons prohibited from participating in electoral organizations

Each candidate for National Assembly or People’s Council election is prohibited from participating in any Election Board or Election Team of the election constituency for which he/she stands. If above candidate is a member of an Election Board or an Election Team of the election constituency for which he/she stands, he/she is required have his/her name crossed out from the list of members of electoral organizations before the date on which the official list of candidates are announced. If the candidate fails to apply for crossing out his/her from the list of the candidates, the agency that make the decision on establishment of that Election Board or Election Team shall cross out his/her from the list of members of electoral organizations and replace with another member.

Article 28. Time for task completion of local electoral organizations

1. Every Election Commission of provinces, Election Board and Election Team of National Assembly deputies shall complete their tasks in terms of election of deputies to the National Assembly after National Election Commission closes of election of deputies to the National Assembly nationwide and announce the results of election of deputies to the National Assembly.

2. Every Election Commission shall complete their tasks in terms of election of deputies to the People’s Councils after the Election Commission submit closing reports on election of People’s Council deputies and documents on election to the first session of the new People’s Council at the same administrative level.

3. Every Election Board and Election Team of People’s Council deputies shall complete their tasks in terms of election of People’s Council deputies after the Election Commission closes reports on election and results of election of deputies to the People’s Councils.

Chapter IV

ELECTORAL REGISTERS

Article 29. Rules for making electoral registers

1. Every citizen having election right may be recorded his/her name to an electoral register and given an elector’s card, excluding cases prescribed in Clause 1 Article 30 of this Law.

2. Each citizen may be only recorded his/her name to the electoral register in their permanent or temporary residence.

3. Every elector who temporarily reside in a local government under 12 months or every elector who is a soldier of a people's armed unit shall be recorded his/her name to the electoral register of National Assembly deputies or People's Council deputies of the province or district where he/she resides or is garrisoned.

4. Any Vietnamese citizen who comes back Vietnam from foreign country within 24 hours from the time in which the electoral register has been posted to 24 hours before the voting time shall present his/her passport with Vietnamese nationality to the People’s Committee of commune, then he/she shall be recorded his/her name to the electoral register and receive an elector’s card of National Assembly deputies or People's Council deputies of province, district and commune (if he/she presents the passport at the permanent residence) or National Assembly deputies and People's Council deputies of province and district (if he/she presents the passport at the temporary residence).

5. Every elector who is a person detained, impound, or stayed in a reform school or detoxification center shall be recorded his/her name to the electoral register to elect National Assembly deputies and People's Council deputies of the province where he/she faces one of above penalties.

Article 30. Persons not having names recorded to, crossed out from or added to electoral registers

1. The persons who are deprived of the voting right under legally effective judgments or decisions of the Court, who are sentenced to death awaiting execution, who are serving prison terms without suspended sentences, and who are incapable of civil acts shall not have their names registered in the electoral registers.

2. If the persons defined in Clause 1 of this Article have their voting right restored, are set free or certified by the competent agency that they are no longer incapable of civil acts until 24 hours before the voting time, they shall have their names added to the electoral registers and be given the electors’ cards as prescribed in Article 29 of this Law.

3. During the period from the time the electoral register is posted to 24 hours before the voting time, if any person changes his/her permanent residence outside the commune where he/she has his/name recorded to the electoral register, his/her name shall be crossed out from such electoral register and added to the new electoral register at his/her new permanent residence to elect National Assembly deputies and People's Council deputies of province, district and commune; if any person changes his/her temporary residence outside the commune where he/she has his/name recorded to the electoral register, his/her name shall be crossed out from such electoral register and added to the new electoral register at his/her new temporary residence to elect National Assembly deputies and People's Council deputies of province and district.

4. The electors prescribed in Clause 5 Article 29 of this Law, until 24 hours before the voting time, are set free or released from reform schools or detoxification centers shall have their names crossed out from the electoral registers where their detention centers, reform schools or detoxification centers are located, or have their names added to the electoral registers where they reside permanently to elect National Assembly deputies and People's Council deputies of province, district and commune or have their names added to the electoral registers where they reside temporarily to elect National Assembly deputies and People's Council deputies of province and district.

5. If persons who have already had their names in the electoral registers, are, before the voting time, deprived of their voting right by the Court, having to serve prison terms, or incapable of civil acts, the People’s Committee of the commune shall cross out their names from the electoral registers and withdraw their electors’ cards.

Article 31. The power to make electoral registers

1. The electoral registers shall be made by the People’s Committee of the commune according to each polling station.

With regard to suburban districts having no commune or commune-level town, the People’s Committees of districts shall make electoral registers according to each polling station.

2. Electoral registers in people's armed units shall be made by commanders according to the polling stations where the units are garrisoned. A soldier who has his/her permanent residence in an administrative division near his/her garrison area may be granted a certificate by the unit command so that his/her name shall be recorded to the electoral register and he/she shall vote in his/her permanent residence. When issuing the certificate, the unit commander must write down in the electoral register of the people's armed unit next to his/her name “Vote in the place of residence."

Article 32. Posting electoral registers

Within 40 days before the polling day, the agency that makes electoral registers shall post it at the head office of People’s Committee of communes and public places of the polling stations and concurrently announce the posting so that the people can check the electoral registers.

Article 33. Complaints about electoral registers

When checking the electoral register, if any mistake is detected therein, the people are entitled, within 30 days from the date on which the list is posted, make a complaint about the electoral register the agency that makes the electoral register. The electoral register-making agency shall keep record of such complaints. Within 05 days from the date on which the complaint is received, the electoral register-making agency shall settle and inform the complainant of the settlement results.

In case the complainant disagrees with the settlement carried out by the electoral register-making agency or his/her complaint is not settled after the settlement deadline, he/she shall be entitled to sue at People’s Court as prescribed in law on administrative procedures.

Article 34. Voting in other places

If, from the time the electoral register is posted to the polling day, any elector moves to another place and cannot vote at the place where his/her name has already been recorded to the electoral register, he/she shall be entitled to ask for a certificate from the People’s Committee of the concerned commune in order for he/she to have his/her name recorded to the electoral register and vote National Assembly deputies and People's Council deputies of the province the new place. When issuing the certificate, the People’s Committee must immediately write down in the electoral register next to the name of such elector "Vote elsewhere."

Chapter V

CANDIDACY AND CONSULTATION, NOMINATION OF NATIONAL ASSEMBLY CANDIDATES AND PEOPLE'S COUNCIL DEPUTIES

Section 1. CANDIDACY

Article 35. Candidacy dossiers and deadline for submitting candidacy dossiers

1. Citizens who stand for the National Assembly or People’s Council election as prescribed in this Law shall submit their candidacy dossiers within 70 days before the polling day.

2. A candidacy dossier includes:

a) An application for candidacy;

b) A curriculum vitae certified by the competent agency, organization or unit;

c) A summarized biography;

d) Three color photos in 4 cm x 6 cm size;

dd) An income and asset declaration prescribed in law on corruption prevention.

3. National Election Commission shall provide guidance on this Article.

Article 36. Submitting candidacy dossiers

1. Candidacy dossiers for National Assembly deputies shall be submitted as follows:

a) Every candidate nominated by the political, socio-political or social organizations, the People’s armed forces units or regulatory agencies in central governments shall submit two candidacy dossiers to National Election Commission;

b) Every candidate nominated by the political, socio-political or social organizations, the People’s armed forces units, central regulatory agencies, public service agencies or business organizations in local governments and every independent candidate shall submit two candidacy dossiers to the Election Commission of province where he/she resides or works regularly;

c) After receiving and considering the candidates’ dossiers, and seeing that they conform to the provisions of this Law, National Election Commission shall transfer the list of summarized biographies, curriculum vitae and income and asset declarations of nominated candidates to the Standing Committee of Central Committee of Vietnamese Fatherland Front. The Election Committees of province shall transfer candidacy dossiers of nominated candidates and independent candidates of the province to National Election Commission; transfer the list of summarized biographies, curriculum vitae and income and asset declarations of nominated candidates and independent candidates to the Standing Board of the Fatherland Front Committee of the province or to include them into the list for consultation.

2. Each candidate for People’s Council election shall submit a candidacy dossier to the Election Commission where he/she stands for election. Each independent candidate or nominated candidate for People’s Council election of a local government is required to reside or work regularly in such local government.

After receiving and considering independent and nominated candidates’ dossiers, and seeing that they conform to the provisions of this Law, Election Commissions shall transfer the list of summarized biographies, curriculum vitae and income and asset declarations of candidates to the Standing board of Central committee of Vietnamese Fatherland Front at the same administrative level to include them into the list for consultation.

3. Each citizen is only entitled to submit candidacy dossiers on People’s Council deputy election up to two administrative levels in the same term; if the citizen has submitted a candidacy dossier on National Assembly deputy election, he/she is only entitled to submit a candidacy dossier on People’s Council deputy election in an administrative level.

Article 37. Persons not entitled to stand for the National Assembly and People’s Council election

1. The persons who are deprived of the right to stand for election under legally effective judgments or decisions of the Court, who are serving prison terms without suspended sentences, and who are limited or incapable of civil acts.

2. The persons who are being prosecuted for penal liability.

3. The persons who are serving penal sentences or decisions of the Court.

4. The persons who already served penal sentences or decisions of the Court but their criminal record have not yet been expunged.

5. The persons who are serving administrative sanctions through reform schools, detoxification centers, or who are put on administrative probation in communes.

Section 2. CONSULTATION AND NOMINATION OF NATIONAL ASSEMBLY CANDIDATES AND ADJUSTMENTS TO PROPORTION, COMPOSITION AND NUMBER OF NOMINATED NATIONAL ASSEMBLY CANDIDATES

Article 38. The first national consultative conference

1. Within 95 days before the polling day, the first national consultative conference shall be organized by the Presidium of the Central Committee of Vietnamese Fatherland Front. The first national consultative conference shall be composed of the Presidium of the Central Committee of the Vietnam Fatherland Front and representatives of the leading bodies of the member organizations of the Front. The representatives of National Election Commission, Standing Committee of National Assembly and the Government shall be invited to attend this conference.

2. The consultative conference shall agree on the proportion, composition and number of the candidates nominated by the agencies, organizations and units in central government for National Assembly election on the basis of the proposition sent by Standing Committee of National Assembly.

3. The minutes of the consultative conference must clearly state the composition and number of the participants, the process and results of this conference and shall be immediately sent to Standing Committee of National Assembly and National Election Commission.

Article 39. The first provincial consultative conference

1. Within 95 days before the polling day, the first provincial consultative conference shall be organized by the Standing board of Central Committee of Vietnamese Fatherland Front of each province. The first central consultative conference shall be composed of the Standing board of Central Committee of Vietnamese Fatherland Front and representatives of the leading bodies of the member organizations of the Front at the same level and representatives of Standing board of Central Committee of Vietnamese Fatherland Front of affiliated districts. The representatives of Election Commission of the province, Standing body of People’s Council and People's Committee of the province shall be invited to attend this conference.

2. The consultative conference shall agree on the proportion, composition and number of the candidates nominated by the agencies, organizations and units in local government for National Assembly election on the basis of the proposition sent by Standing Committee of National Assembly.

3. The minutes of the consultative conference must clearly state the composition and number of the participants, the process and results of this conference and shall be immediately sent to Standing Committee of National Assembly, National Election Commission and Standing board of Central Committee of Vietnamese Fatherland Front and the Election Commission of province.

Article 40. The first Proposition of Standing Committee of the National Assembly

According to the first consultation results, not later than 90 days before the polling day, Standing Committee of the National Assembly shall make the first Proposition on the proportion, composition and number of the people of the central and local agencies, organizations and units to be elected as National Assembly deputies.

Article 41. Nomination of candidates for the National Assembly election by the central agencies, organizations and units

According to the first Proposition of Standing Committee of the National Assembly and standards applicable to National Assembly deputies, central agencies, organizations and units shall select and nominate National Assembly candidates as follows:

1. The leading body of each political organization, socio-political or social organization shall propose its people to be candidates for the National Assembly election, gather comments from the first conference of electors held in the working place(s) of such people. On the basis of these comments, the leading body of the organization shall organize a meeting of the expanded Executive Board or the expanded Presidium to discuss and nominate the people to stand for the National Assembly election;

2. The leading board of a State agency shall, in coordination with the Executive Committee of the agency’s Trade Union, propose its people to be National Assembly candidate(s), gather comments from the first conference of electors held in the working place(s) of such people. On the basis of these comments, the leading board of the agency shall organize a conference with the participation of the leading officials of the agency, the Executive Committee of the Trade Union, representatives of the leading officials of the affiliated units to discuss and nominate the agency’s candidate(s) for the National Assembly election;

3. For a unit of the People’s armed forces, its commander shall propose person(s) from the unit to be candidate(s) for the National Assembly election, gather comments from the first conference of electors held in the working place of such person(s). On the basis of these comments, the commander of the unit shall organize a conference with the participation of the leaders or commanders of the unit, the representative of the Executive Committee of the Trade Union (if any), the representatives of the soldiers of the immediate-lower commanding officers to discuss and nominate the person(s) of the unit to stand for the National Assembly election;

4. The first conference of electors mentioned in this Article shall be conducted in accordance with the provisions of Article 45 of this Law;

5. The central agencies, organizations and units that nominate candidates for the National Assembly election shall transfer the minutes of the first conference of electors and the minutes of the leading board conference to Standing board of Central committee of Vietnamese Fatherland Front before the second consultative conference is organized.

Article 42. Nomination of candidates for the National Assembly election by the local agencies, organizations and units

According to the first Proposition of Standing Committee of the National Assembly and standards applicable to National Assembly deputies, local agencies, organizations and units shall select and nominate National Assembly candidates as follows:

1. The leading body of each political organization, socio-political or social organization shall propose its people to be candidates for the National Assembly election, gather comments from the first conference of electors held in the working place(s) of such people. On the basis of these comments, the leading body of the organization shall organize a meeting of the expanded Executive Board and nominate the people to stand for the National Assembly election;

2. The leading board of a State agency, a public service provider, or a business organization shall, in coordination with the Executive Committee of the agency’s Trade Union, propose its people to be National Assembly candidate(s), gather comments from the first conference of electors held in the working place(s) of such people. On the basis of these comments, the leading board of the agency shall organize a conference with the participation of the leading officials of the agency, the Executive Committee of the Trade Union, representatives of the leading officials of the affiliated units to discuss and nominate the agency’s candidate(s) for the National Assembly election;

3. For a unit of the People’s armed forces, its commander shall propose person(s) from the unit to be candidate(s) for the National Assembly election, gather comments from the first conference of electors held in the working place of such person(s). On the basis of these comments, the commander of the unit shall organize a conference with the participation of the leaders or commanders of the unit, the representative of the Executive Committee of the Trade Union (if any), the representatives of the soldiers of the immediate-lower commanding officers to discuss and nominate the person(s) of the unit to stand for the National Assembly election;

4. The first conference of electors mentioned in this Article shall be conducted in accordance with the provisions of Article 45 of this Law;

5. The central agencies, organizations and units that nominate candidates for the National Assembly election shall transfer the minutes of the first conference of electors and the minutes of the leading board conference to Standing board of Central committee of Vietnamese Fatherland Front before the second consultative conference is organized.

Article 43. The second national consultative conference

1. Within 65 days before the polling day, the second national consultative conference shall be organized by the Presidium of the Central Committee of Vietnamese Fatherland Front. The composition of the second consultative conference shall comply with Clause 1 Article 38 of this Law.

2. The second consultative conference shall, on the basis of the standards applicable to the National Assembly deputies, the proportion, composition and number of deputies to be elected from the central agencies, organizations and units as proposed in the first Proposition by Standing Committee of the National Assembly, draw up a preliminary list of candidates for the National Assembly election and distribute it to the electors in the places of residence of the candidates for their comments. The conference of electors mentioned in this Article shall be conducted in accordance with the provisions of Article 45 of this Law.

3. The minutes of the consultative conference must clearly state the composition and number of the participants, the process and results of this conference and shall be immediately sent to Standing Committee of National Assembly and National Election Commission.

Article 44. The second provincial consultative conference

1. Within 65 days before the polling day, the second provincial consultative conference shall be organized by the Standing board of Central Committee of Vietnamese Fatherland Front of the province. The composition of the second provincial consultative conference shall comply with Clause 1 Article 39 of this Law.

2. The second consultative conference shall, on the basis of the standards applicable to the National Assembly deputies, the proportion, composition and number of deputies to be elected from the central agencies, organizations and units as proposed in the first Proposition by Standing Committee of the National Assembly, draw up a preliminary list of candidates for the National Assembly election and distribute it to the electors in the places of residence of the candidates for their comments; for independent candidates (if any), comments shall be also collected from electors in their working place(s). The conference of electors mentioned in this Article shall be conducted in accordance with the provisions of Article 45 of this Law;

3. The minutes of the consultative conference must clearly state the composition and number of the participants, the process and results of this conference and shall be immediately sent to Standing Committee of National Assembly, National Election Commission and Standing board of Central Committee of Vietnamese Fatherland Front and the Election Commission of the province.

Article 45. The first conference of electors

1. The first conference of electors in a commune organized in each village, where National Assembly candidate(s) permanently resides, shall be convened and chaired jointly by the Standing Board of the Fatherland Front Committee of such village and the People’s Committee at the same administrative level.

The National Assembly candidates, representatives of their agencies, organizations and units shall be invited to attend this conference.

2. The first conference of electors in a political, socio-political or social organization shall be convened and chaired by its leading board; the first conference of electors in a State agency shall be convened and chaired jointly by the leading board and the Executive Committee of the Trade Union of the agency; The conference of electors in a People’s armed force unit is the conference of the military personnel convened and chaired by the commander of the unit.

The National Assembly candidates shall be invited to attend this conference.

3. At the first conferences, the electors shall make their comments on the basis of the standards applicable to National Assembly deputies and make a vote of confidence for the candidates by either a show of hands or secret ballots under the decision of the conference.

4. The minutes of the first conference of electors to collect comments on National Assembly candidates must clearly state the composition and number of the participants, the process and results of this conference. The minutes of the first conference of electors to collect comments on the persons nominated by central agencies, organizations and units shall be sent to the Standing Board of Central Committee of Vietnamese Fatherland Front. The minutes of the first conference of electors to collect comments on the persons nominated by local agencies, organizations, and units and on the independent candidates shall be sent to the Standing Board of Vietnamese Fatherland Front Committee of the province.

5. Standing Committee of the National Assembly shall provide guidance on organization of the first conference of electors prescribed in this Article.

Article 46. Verifying and answering the electors’ questions relating to the candidates for the National Assembly election

1. For the questions relating to the candidate’s working place, the agency, organization or unit directly managing the candidate shall be responsible for verifying and making a written reply to the Standing Board of Central Committee of Vietnamese fatherland Front, the Standing Board of the Vietnamese Fatherland Front Committee of the province.

If the candidate is the head of the agency, organization or unit, the superior agency shall be responsible for verifying and making a reply. If the agency, organization or unit does not have any superior managing agency, the agency competent to decide the establishment of such agency, organization or unit shall be responsible for verifying and making a reply.

2. For the questions relating to the candidate’s residential area, the agency, organization or unit nominating the candidate shall, in coordination with the People’s Committee of the commune, verify and make a written reply to the Standing Board of Central Committee of Vietnamese Fatherland Front and the Standing Board of Vietnamese Fatherland Front Committee of the province.

3. For an independent candidate, the Election Committee shall, in coordination with the agency, organization or unit directly managing such candidate or the People’s Committee of the commune where he/she resides, verify and make a written reply to the Standing Board of Vietnamese Fatherland Front Committee of the province.

4. Not later than 40 days before the polling day, the verification and reply to the electors’ questions relating to the National Assembly candidates prescribed in this Article must be completed.

Article 47. The second Proposition of Standing Committee of the National Assembly

According to the second consultation results, not later than 55 days before the polling day, Standing Committee of the National Assembly shall make the second Proposition on the proportion, composition and number of the people of the central and local agencies, organizations and units to be elected as National Assembly deputies.

Article 48. The third national consultative conference

1. Within 35 days before the polling day, the third central consultative conference shall be organized by the Presidium of the Central Committee of Vietnamese Fatherland Front. The composition of the third consultative conference shall comply with Clause 1 Article 38 of this Law.

2. The third consultative conference shall, on the basis of the standards applicable to the National Assembly deputies, the proportion, composition and number of deputies to be elected from the central agencies, organizations and units as proposed in the second Proposition by Standing Committee of the National Assembly and the electors’ comments to select, draw up a preliminary list of candidates for the National Assembly election.

3. The minutes of the consultative conference must clearly state the composition and number of the participants, the process and results of this conference and shall be immediately sent to Standing Committee of National Assembly and National Election Commission.

Article 49. The third provincial consultative conference

1. Within 35 days before the polling day, the third provincial consultative conference shall be organized by the Standing board of Vietnamese Fatherland Front Committee of province. The composition of the third provincial consultative conference shall comply with Clause 1 Article 39 of this Law.

2. The third consultative conference shall, on the basis of the standards applicable to the National Assembly deputies, the proportion, composition and number of deputies to be elected from the central agencies, organizations and units as proposed in the second Proposition by Standing Committee of the National Assembly and the electors’ comments to select, draw up a preliminary list of candidates for the National Assembly election.

3. The minutes of the consultative conference must clearly state the composition and number of the participants, the process and results of this conference and shall be immediately sent to Standing Committee of National Assembly, National Election Commission and Standing board of Central Committee of Vietnamese Fatherland Front and the Election Commission of the province.

Section 3. CONSULTATION AND NOMINATION OF PEOPLE’S COUNCIL CANDIDATES AND ADJUSTMENT TO PROPORTION, COMPOSITION AND NUMBER OF NOMINATED PEOPLE’S COUNCIL CANDIDATES

Article 50. The first consultative conference

1. Within 95 days before the polling day, the first consultative conference at each administrative level shall be organized by the Standing board of Vietnamese Fatherland Front Committee at the same administrative level. The first consultative conference shall be composed of the Standing board of Vietnamese Fatherland Front Committee, and representatives of the leading boards of the member organizations of the Front. The representatives of Election Commission, Standing body of People’s Council and People's Committee at the same administrative level shall be invited to attend this conference.

2. The first consultative conference of a province or a district shall agree on the proportion, composition and number of the People’s Council candidates nominated by the political organizations, socio-political organizations, social organizations, people's armed units, and State agencies at the same administrative level and public service providers, business organizations, and inferior administrative units in the administrative division.

3. The first consultative conference of a commune shall agree on the proportion, composition and number of the People’s Council candidates nominated by the political organizations, socio-political organizations, social organizations, people's armed units, and State agencies at the same administrative level and public service providers, business organizations, and villages in the administrative division.

4. The minutes of the consultative conference must clearly state the composition and number of the participants, the process and results of this conference.

The minutes of the consultative conference of the province shall be immediately sent to Standing Committee of National Assembly and National Election Commission, the Government, Central committee of Vietnamese Fatherland Front and Standing board of People’s Council, and Election Commission at the same administrative level.

The minutes of the consultative conference of the district and commune shall be immediately sent to Standing board of People’s Council, People’s Committee, Vietnamese Fatherland Front Committee of superior authority and Standing board of People’s Council and Election Commission at the same administrative level.

Article 51. Adjusting proportion, composition and number of People’s Council candidates by the Standing board of People’s Council

1. According to the first consultation results, not later than 90 days before the polling day, Standing board of People’s Council of province and district shall make a Proposition on the proportion, composition and number of the people of the local agencies, organizations and units to be elected as People’s Council deputies.

2. According to the first consultation results, not later than 90 days before the polling day, Standing board of People’s Council of the commune shall make a Proposition on the proportion, composition and number of the people of the local agencies, organizations, units and villages to be elected as People’s Council deputies.

Article 52. Nomination of candidates for the People’s Council election by the local agencies, organizations and units

According to the first consultation results and the Proposition of Standing board of People’s Council and standards applicable to People’s Council deputies, local agencies, organizations and units and villages (for commune level) shall select and nominate People’s Council candidates as follows:

1. The leading body of each political organization, socio-political or social organization shall propose its people to be candidates for the People’s Council election, gather comments from the first conference of electors held in the working place(s) of such people. On the basis of these comments, the leading body of the organization shall organize a meeting of the expanded Executive Board and nominate the people to stand for the People’s Council election;

2. The leading board of a State agency, a public service provider, or a business organization shall, in coordination with the Executive Committee of the agency’s Trade Union, propose its people to be People’s Council candidate(s), gather comments from the first conference of electors held in the working place(s) of such people. On the basis of these comments, the leading board of the agency shall organize a conference with the participation of the leading officials of the agency, the Executive Committee of the Trade Union, representatives of the leading officials of the affiliated units to discuss and nominate the agency’s candidate(s) for the People’s Council election;

3. For a unit of the People’s armed forces, its commander shall propose person(s) from the unit to be candidate(s) for the People’s Council election, gather comments from the first conference of electors held in the working place of such person(s). On the basis of these comments, the commander of the unit shall organize a conference with the participation of the leaders or commanders of the unit, the representative of the Executive Committee of the Trade Union (if any), the representatives of the soldiers of the immediate-lower commanding officers to discuss and nominate the person(s) of the unit to stand for the People’s Council election;

4. The Front board in a village shall, in coordination with the Head of the village, propose its people to be People’s Council candidate(s) of the commune, and organize the first conference to discuss and nominate the person(s) to stand for the People’s Council election of the commune.

The nomination of People’s Council candidates of communes in villages shall by prescribed by Standing committee of the National Assembly;

5. The first conference of electors mentioned in this Article shall be conducted in accordance with the provisions of Article 54 of this Law;

6. The central agencies, organizations and units that nominate candidates for the People’s Council election shall transfer the minutes of the first conference of electors and the minutes of the extended conference to Standing board of Central committee of Vietnamese Fatherland Front at the same administrative level.

The Front board shall transfer the minutes of the first conference of electors in village related to discussion and nomination of People’s Council candidates of the commune to the Standing board of Vietnamese Fatherland Front Committee of the commune.

Article 53. The second consultative conference

Within 65 days before the polling day, the second provincial consultative conference at each administrative level shall be organized by the Standing board of Vietnamese Fatherland Front Committee at the same administrative level. The composition of the second consultative conference shall comply with Clause 1 Article 50 of this Law.

2. The second consultative conference shall, on the basis of the standards applicable to the People’s Council deputies, the proportion, composition and number of nominated candidates, draw up a preliminary list of candidates for the People’s Council election and distribute it to the electors in the places of residence and the working place(s) of the nominated and independent candidates for their comments. The conference of electors mentioned in this Article shall be conducted in accordance with the provisions of Article 54 of this Law;

3. The minutes of the consultative conference must clearly state the composition and number of the participants, the process and results of this conference.

The minutes of the consultative conference of the province shall be immediately sent to Standing Committee of National Assembly, National Election Commission, the Government, Central committee of Vietnamese Fatherland Front and Standing board of People’s Council and Election Commission at the same administrative level.

The minutes of the consultative conference of the district and commune shall be immediately sent to Standing board of People’s Council, People’s Committee, Vietnamese Fatherland Front Committee of superior authority and Standing board of People’s Council and Election Commission at the same administrative level.

Article 54. The first conference of electors

1. The first conference of electors in a commune organized in each village shall be convened and chaired jointly by the Standing Board of the Vietnamese Fatherland Front Committee of such village and the People’s Committee at the same administrative level.

2. The first conference of electors in a political, socio-political or social organization, business organization or public service provider shall be convened and chaired jointly by the Executive Committee of the Trade Union of the agency. The first conference of electors in a People’s armed force unit is the conference of the military personnel convened and chaired by the commander of the unit.

3. The People’s Council candidates, representatives of their agencies, organizations units and the village shall be invited to attend this conference.

4. At the first conferences, the electors shall make their comments on the basis of the standards applicable to People’s Council deputies and make a vote of confidence for the candidates by either a show of hands or secret ballots under the decision of the conference.

5. The minutes of the first conference of electors to collect comments on People’s Council candidates must clearly state the composition and number of the participants, the process and results of this conference. The minutes of the first conference of electors to collect comments on People’s Council candidates shall be sent to Standing board of Vietnamese Fatherland Front Committee at the same administrative level for the third consultative conference.

6. Standing Committee of the National Assembly shall provide guidance on organization of the first conference of electors prescribed in this Article.

Article 55. Verifying and answering the electors’ questions relating to the candidates for the People’s Council election

1. For the questions relating to the candidate’s working place, the agency, organization or unit directly managing the candidate shall be responsible for verifying and making a written reply to the Standing Board of Vietnamese fatherland Front Committee at the same administrative level.

If the candidate is the head of the agency, organization or unit, the superior agency shall be responsible for verifying and making a reply. If the agency, organization or unit does not have any superior managing agency, the agency competent to decide the establishment of such agency, organization or unit shall be responsible for verifying and making a reply.

2. For the questions relating to the candidate’s working place, the agency, organization or unit directly managing the candidate shall, in coordination with the People’s Committee of the commune, be responsible for verifying and making a written reply to the Standing Board of Vietnamese fatherland Front Committee at the same administrative level.

3. For an independent candidate, the Election Commission shall, in coordination with the agency, organization or unit directly managing such candidate or the People’s Committee of the commune where he/she resides, verify and make a written reply to the Standing Board of Vietnamese Fatherland Front Committee of at the same administrative level.

4. Not later than 40 days before the polling day, the verification and reply to the electors’ questions relating to the candidates for People’s Council election prescribed in this Article must be completed.

Article 56. The third consultative conference

1. Within 35 days before the polling day, the third provincial consultative conference at each level shall be organized by the Standing board of Vietnamese Fatherland Front Committee at the same administrative level. The composition of the third consultative conference shall comply with Clause 1 Article 50 of this Law.

2. The third consultative conference shall, on the basis of the standards applicable to the People’s Council deputies, the proportion, composition and number of nominated candidates and electors’ comments, draw up a preliminary list of candidates for the People’s Council election.

3. The minutes of the third consultative conference must clearly state the composition and number of the participants, the process and results of this conference.

The minutes of the consultative conference of the province shall be immediately sent to Standing Committee of National Assembly, National Election Commission, the Government, Central committee of Vietnamese Fatherland Front and Standing board of People’s Council and Election Commission at the same administrative level.

The minutes of the consultative conference of the district and commune shall be immediately sent to Standing board of People’s Council, People’s Committee, Vietnamese Fatherland Front Committee of superior authority and Standing board of People’s Council and Election Commission at the same administrative level.

Section 4. LIST OF CANDIDATES

Article 57. List of candidates for the National Assembly election

1. Within 30 days before the polling day, the Standing Board of Central Committee of Vietnamese Fatherland Front shall send to the Election Council the minutes of the third consultative conference and the list of qualified National Assembly candidates nominated by the Presidium of the Central Committee of Vietnamese Fatherland Front.

2. Within 30 days before the polling day, the Standing Board of Vietnamese Fatherland Front Committee of a province shall send to the Election Committee of province the minutes of the third consultative conference and the list of qualified National Assembly candidates nominated by the Fatherland Front Committee of such province.

3. According to the list of qualified candidates nominated by the Presidium of the Central Committee of Vietnamese Fatherland Front, National Election Commission shall send to each Election Committee of province a list of nominated candidates in such province.

4. Within 25 days before the polling day, National Election Commission shall draw up and announce the list of candidates for each constituency in the whole country according to the list sent by the Standing Board of Central Committee of Vietnamese Fatherland Front and the Election Commissions.

5. The official list of candidates must clearly state their full names, dates of birth, gender, native places, places of permanent residence, race, religions, educational level, specialty, profession, working position and places. The candidates’ names shall be arranged in the alphabetical order.

Each candidate shall only have his/her name included in the list of National Assembly candidates of one constituency.

6. The number of National Assembly candidates in the list for each constituency must be at least two people greater than the number of deputies to be elected therein. If there is any vacancy of a National Assembly candidate in a constituency due to force majeure event, National Election Commission shall consider making decision.

7. Within 20 days before the polling day, Election Commission of the province shall announce the list of National Assembly candidates in such province as decided by National Election Commission.

Article 58. List of candidates for the People’s Council election

1. Within 30 days before the polling day, the Standing Board of Vietnamese Fatherland Front Committee of the province shall send the minutes of the third consultative conference and the list of qualified People’s Council candidates to National Election Commission, Standing committee of the National Assembly, the Government, Central Commission of Vietnamese Fatherland Front and Standing board of People’s Council and Election Commission at the same administrative level; the Standing Board of Vietnamese Fatherland Front Committee of the district or commune shall send the minutes of the third consultative conference and the list of qualified People’s Council candidates to Standing board of superior People’s Council, People’s Committee, Vietnamese Fatherland Front Committee and Standing board of People’s Council, Election Commission at the same administrative level.

2. Within 25 days before the polling day, Election Commission shall draw up and announce the official list of People’s Council candidates for each constituency.

The official list of People’s Council candidates shall be drawn up as prescribed in Clause 5 Article 57 of this Law.

3. The number of National Assembly candidates in the list for each constituency must be greater than the number of deputies to be elected therein; if the constituency has three deputies to be elected, the number of candidates in the list must be at least two people greater than the number of deputies to be elected therein; if the constituency has at least four deputies to be elected, the number of candidates in the list must be at least three people greater than the number of deputies to be elected therein. If there is any vacancy of a People’s Council candidate in a constituency due to force majeure event, National Election Commission shall provide guidance.

Article 59. Posting the list of candidates

Within 20 days before the polling day, each Election Team must post the official list of National Assembly and People’s Council candidates in the polling station.

Article 60. Crossing out the candidates’ names from the lists of National Assembly and People’s Council candidates

1. If any person, who has his/her name included in the official list of National Assembly candidates announced by National Election Commission, is prosecuted for penal liability, arrested for offenses with evidence, incapable of civil acts, dies, or commit serious violations against law on voting before the voting time, National Election Commission shall cross their name from the list of National Assembly candidates.

2. If any person, who has his/her name included in the official list of People’s Council candidates announced by the Election Commission, is prosecuted for penal liability, arrested for offenses with evidence, incapable of civil acts, dies, or commit serious violations against law on voting before the voting time, National Election Commission and Standing board of Vietnamese Fatherland Front Committee at the same administrative level shall jointly cross their name from the list of People’s Council candidates.

Article 61. Complaints and denunciations of candidates and lists of candidates

1. Every citizen is entitled to lodge denunciations of candidates, make complaints, denunciations or petitions against errors in the listings of candidates. The complaints, denunciations or petitions shall be lodged as follows:

a) The complaints, denunciations or petitions related to National Assembly candidates, listings of National Assembly candidates shall be sent to Election Boards of National Assembly deputies, Election Commissions of provinces and National Election Commission. If the complainant, denouncer or petitioner disagrees with the settlement by the Election Board or the Election Commission, he/she shall be entitled to lodge a complaint to National Election Commission. The decision of National Election Commission shall be the final decision;

b) The complaints, denunciations or petitions related to People’s Council candidates, listings of People’s Council candidates shall be sent to Election Boards of People’s Council deputies at the same administrative level. If the complainant, denouncer or petitioner disagrees with the settlement by the Election Board, he/she shall be entitled to lodge a complaint to the Election Commission at the same administrative level. The decision of the Election Commission shall be the final decision;

c) The Election Board, the Election Commission or the National Election Commission shall keep record and settle such complaints, denunciations and petitions according to their competence.

2. Within 10 days before the polling day, National Election Commission, Election Commissions and the Election Boards shall stop considering and settling all complaints, denunciations and petitions relating to the candidates and the listings of candidates.

If a complaint or denunciations has obvious evidence to conclude that a candidate does not satisfy standards applicable to the National Assembly or People’s Council deputy, National Election Commission (for National Assembly election) or Election Commission at the equivalent administrative level (for People’s Council election) shall decide to cross out the candidate’s name from the official list of candidates before the polling day and send notification to electors.

3. Any letter of denunciations without the denouncer’s full name or under impersonation shall not be settled.

4. National Election Commission, Election Commissions of provinces, districts and communes shall transfer all documents on complaints and denunciations without settlement to Standing Committee of the National Assembly (for National Assembly election) or Standing boards of new People’s Councils at the same administrative level (for People’s Council election) for continuous settlement within their competence.

Chapter VI

ELECTION PROPAGATION AND CAMPAIGNS

Article 62. Responsibilities of agencies and organizations in charge of election communications, propagation and campaigns

1. National Election Commission shall direct the activities in terms of election communications, propagation and campaigns nationwide; Election Commissions shall direct the activities in terms of election communications, propagation and campaigns, and settlement of complaints or denunciations in relation to election campaign of local governments.

2. National press agencies shall report the organization of election activities and election campaign nationwide. Local press agencies shall report the second conference of electors; give an interview with candidates for National Assembly deputies and People’s Council deputies and local election campaigns.

3. The Standing board of Vietnamese Fatherland Front Committee of each province shall organize the second conference of electors for the National Assembly candidates. The Standing board of Vietnamese Fatherland Front Committee of each province, district or commune shall organize the second conference of electors for the People’s Council candidates at the same administrative level, each People’s Committee shall cooperate with Standing board of Vietnamese Fatherland Front Committee at the same administrative level in organization of the second conference of electors for National Assembly candidates and People’s Council candidates.

4. Every regulatory agency, political organizations, socio-political organization, social organization, public service provider, business organization, people's armed unit and local government shall facilitate the contact between National Assembly candidates and People’s Council candidates and electors of their agencies.

5. The funding for election propagation and campaigns shall be ensured by government budget.

Article 63. Rules for election campaigns

1. The electioneering shall be conducted in a democratic and equitable manner, in accordance with law while it must ensure social order and safety.

2. Each candidate for National Assembly or People’s Council election in a constituency shall carry out electioneering in such constituency.

3. Electoral organizations and their members are prohibited from electioneering for any candidate.

Article 64. Length of election campaigns

The election campaigns shall begin from the date on which the official list of candidates is announced and end 24 hours before the voting time.

Article 65. Forms of election campaigns

The election campaigns for candidates shall be carried out in following forms:

1. Through their meetings and contacts with electors in the second conference of electors where the candidates stand for election in accordance with the provisions of Article 66 of this Law;

2. Through means of mass media in accordance with Article 67 of this Law.

Article 66. The second conference of electors

1. The Standing Board of Vietnamese Fatherland Front Committee of each province and the People’s Committee of the constituency shall jointly organize the second conference of electors for National Assembly and People’s Council candidates of the province. The second conference of electors shall be composed of representatives of agencies, organizations and units and electors of the province.

The Standing Board of Vietnamese Fatherland Front Committee of each district or commune and the People’s Committee of commune of the constituency shall jointly organize the second conference of electors for People’s Council candidates of the district or commune. The second conference of electors shall be composed of representatives of agencies, organizations and units and electors of the district or commune.

The People’s Committee where the second conference of electors is organized shall inform electors of time and place of the conference.

2. The contents of the second conference of electors:

a) Statement of reasons;

b) The representative of the Standing board of Vietnamese Fatherland Front Committee at the same administrative level shall preside over the second conference of electors, introduce and read brief biography of candidates;

c) Each candidate shall report their Action Program to electors if he/she wins the National Assembly and People’s Council election;

d) Electors give their opinions and aspirations to candidates. The candidates and the electors shall discuss their interested issues in democratic, straight and open-minded manner;

dd) The conference chair shall close the conference.

3. After the second conference of electors, the Standing board of Vietnamese Fatherland Front Committee of the province shall send a report on organization of the second conference of electors for the National Assembly and People’s Council candidates of the province, and comments of electors on every candidate to National Election Commission and the Standing board of Central Commission of Vietnamese Fatherland Front. The Standing board of Vietnamese Fatherland Front Committee at each administrative level shall send a report on organization of the second conference of electors for the National Assembly and People’s Council candidates at the same administrative level to the Election Commission at the same administrative level and the Standing board of superior Vietnamese Fatherland Front Committee.

Article 67. Election campaigns through means of mass media

1. When a National Assembly candidate attends an interview through means of mass media in the local government where he/she stands for election and on the website in terms of election to the National Assembly deputies of National Election Commission, the candidate shall report their Action Program to electors if he/she wins the National Assembly election.

2. When a People’s Council candidate attends an interview through means of mass media in the local government where he/she stands for election and on the website in terms of election to the People’s Council deputies of the Election Commission, the candidate shall report their Action Program to electors if he/she wins the People’s Council election.

3. National Election Commission and the Election Commission shall direct agencies in charge of websites to comply with regulations of law on posting election campaigns.

4. People's Committees of provinces shall post Action Programs of the National Assembly and People’s Council candidates on means of mass media of the provinces.

Article 68. Prohibited acts in terms of election campaigns

1. Misuse election campaigns to distribute propaganda contrary to the Constitution and the law or infringe the honor, dignity, prestige, other legitimate rights and interests of other organizations and individuals.

2. Misuse their positions and powers to use the means of mass media in the election campaigns.

3. Misuse election campaigns to campaign for funding, donations from domestic and foreign organizations for them.

4. Use or promise to donate money, property or material benefit to entice or bribe electors.

Chapter VII

RULES AND PROCEDURES FOR VOTING

Article 69. Rules for voting

1. Each elector is entitled to cast only one ballot for National Assembly deputies and one ballot for People’s Council deputies equivalent to each level of People’s Council.

2. Electors shall cast their ballots by themselves, except for cases prescribed in Clause 3 and Clause 4 of this Article; the electors are required to present their electors’ cards for voting.

3. Any elector unable to write his/her ballot may ask another person to do that for him/her but he/she is required to cast the ballot by himself/herself; the person who helps in writing the ballot must keep secret the elector’s ballot. If, due to his/her disability, the elector is unable to cast ballot by himself/herself, he/she can ask another person to cast the ballot into the ballot box.

4. In cases where an elector is ill, old or disabled, being unable to go to the polling booth, the Election Team shall bring an auxiliary ballot box and the ballot to his/her residence so that he/she can receive the ballot and cast it. In cases where an elector is detained or stayed in a reform school or a detoxification center which have no separate polling station or the elector is arrested temporarily, the Electoral Team shall bring an auxiliary ballot box and the ballot to the detention center, arrest center, reform school or detoxification center so that he/she can receive the ballot and cast it.

5. When an elector is writing a ballot, nobody, even persons of the Election Team, is allowed to come and see;

6. If the elector makes a writing error, he/she may ask the Election Team to change the ballot.

7. When the elector casted the ballot, the Election Team shall stamp “Casted” on the elector’s card.

8. Everyone must abide by the rules of the polling booth.

Article 70. Notifications of the polling day and polling stations

Within 10 days before the polling day, the Election Team must regularly inform electors of the polling day, polling stations, voting time by posting, broadcasting and through other means of mass media of the local government.

Article 71. Voting time

1. The voting shall begin at 7 a.m and end at 7 p.m of the same day. Depending on the situation of each local government, the Election Team may decide to start the voting earlier but not before 5 a.m or to end later but not after 9 p.m of the same day.

2. Prior to the voting, the Election Team must check the ballot box to the witness of electors.

3. The voting shall be carried out continuously. If it is disrupted by an unexpected incident, the Election Team shall immediately seal the ballot box and documents directly relating to the election, promptly report it to the Election Board and at the same time take necessary measures to ensure the resumption of the voting.

Article 72.

In cases where the voting needs postponing or being organized earlier than the regulated polling day, the Election Commission shall request National Election Commission for consideration.

Chapter VIII

ELECTION RESULTS

Section 1. VOTE COUNT

Article 73. Vote count

The counting of votes must be conducted in the polling booth immediately after the voting is over.

Before opening the ballot box, the Election Team must count, write a report on and seal the unused ballots and invite two electors who are not candidates to witness the vote count.

The candidates, the representatives of the agencies, organizations and units that nominate the candidates or the authorized persons shall be entitled to witness the vote count and make complaints about it. Reporters of the press shall be allowed to witness the vote count.

Article 74. Invalid votes

1. The following votes shall be invalid:

a) Votes made on ballots which are not in the prescribed form distributed by the Election Team;

b) Votes made on ballots which do not bear the seal of the Election Team;

c) Votes which elect more candidates than the designated number of deputies to be elected in the constituency;

d) Votes which cross out all the names of candidates;

dd) Votes which elect persons outside the list of candidates or add other contents.

2. If a vote is in doubt about its validity, the head of the Election team shall show it so that the whole Team can settle. The Election Team is not allowed to cross out or amend the names on the votes.

Article 75. Complaints or denunciations of counting

On-the-spot complaints about violations against regulations of law on the vote count shall be received and settled by the Election Team which shall state the ways of settlement in its report.

If the Election Team fails to settle a complaint, it shall clearly state its opinion in the report on the complaint settlement and refer it to the Election Board.

Article 76. Reports on the vote counting result

1. After counting the votes, the Election Team shall make following reports:

a) Reports on the vote counting result of election of National Assembly deputies at the polling stations;

b) Reports on the vote counting result of election of People’s Council deputies of provinces at the polling stations;

c) Reports on the vote counting result of election of People’s Council deputies of districts at the polling stations;

d) Reports on the vote counting result of election of People’s Council deputies of communes at the polling stations.

2. Each report must clearly state:

a) The total number of electors of the polling station;

b) The number of electors who have cast their votes;

c) The number of distributed votes;

d) The number of collected votes;

dd) The number of valid votes;

e) The number of invalid votes;

g) The number of votes for each candidate;

h) The complaints or denunciations received; the complaints or denunciations already settled and settlement results, complaints or denunciations referred to the Election Board.

3. Each report prescribed in Clause 1 of this Article shall be made in three copies, each affixed with the signatures of the Head and the Secretary of the Election Team and two electors who have been invited to witness the vote count. Not later than three days after the polling day, the report shall be sent to the Election Board and the People’s Committee, the Standing Board of the Fatherland Front Committee of the commune.

Section 2. ELECTION RESULT AT THE CONSTITUENCY

Article 77. Reports on election returns in the constituencies

1. After receiving the reports on the results of the vote counts from the Election Teams and settle complaints or denunciations (if any), the Election Board shall draw up a report on election returns in its constituency.

2. The report on election returns shall clearly state:

a) The number of National Assembly and People’s Council deputies determined for each constituency;

b) The number of candidates;

c) The total number of electors in the constituency;

d) The number of electors who cast their votes; the percentage of electors who cast their ballots against the total number of electors;

dd) The number of distributed votes;

e) The number of collected votes;

g) The number of valid votes;

h) The number of invalid votes;

i) The number of votes for each candidate;

k) The list of elected candidates;

l) The complaints or denunciations settled by the Election Teams; complaints or denunciations settled by the Election Board; and complaints or denunciations referred to the Election Commission and the National Election Commission.

3. The report on election returns of the National Assembly deputies in the constituency shall be made in three copies, each affixed with the signatures of the Head, Deputy Heads and the Secretary of the Board. Not later than 5 days after the polling day, it shall be sent to the National Election Commission, the Election Commission of the province, and the Standing Board of Vietnamese Fatherland Front Committee of the province.

4. The report on election returns of the People’s Council deputies in the constituency shall be made in four copies, each affixed with the signatures of the Head, Deputy Heads and the Secretary of the Board. Not later than 5 days after the polling day, it shall be sent to the Election Commission, Standing board of People’s Council, People’s Committee and the Standing Board of Vietnamese Fatherland Front Committee at the same administrative level.

Article 78. Rules for determining elected candidates

1. The election result shall be determined according to the valid votes and only be accepted if there more than half of the total electors mentioned in the list of electors in the constituency cast their votes, excluding cases prescribed in Clause 4 Article 80 of this Law.

2. The elected candidates must be those who poll more than half of the valid votes.

3. In cases where the number of candidates who poll more than half of the valid votes is greater than the number of designated deputies in the constituency, the candidates poll more votes than others shall be elected.

4. In cases where there are more than one candidate polling the same number of votes at the end of the list of elected candidates and the number of elected candidates is greater than the number of designated deputies in the constituency, the eldest shall be elected.

Section 3. ADDITIONAL ELECTION, RE-ELECTION

Article 79. Additional election

1. If, in the first election, the number of elected National Assembly candidates is less than that designated for the constituency, the Election Board of which must clearly state it in an report on election returns and promptly report it to the Election Commission of province which shall request the National Election Commission to consider and decide on an additional election in such constituency.

2. If, in the first election, the number of elected National Assembly candidates is less than two-third that designated for the constituency, the Election Board of which must clearly state it in an report on election returns and promptly report it to the Election Commission at the same administrative level to decide on an additional election in such constituency.

3. In case of an additional election, the polling day shall be not later than 15 days after the first polling day. In the additional election, electors shall only choose from the candidates on the list of candidates who failed in the first election. The elected candidates shall be those who poll more than half of the valid votes and more votes than others. If even after the additional election but the number of elected candidates is still smaller than the designated number, there shall not be the second additional election.

Article 80. Re-election

1. If, in a constituency, the number of poll-goers is not more than half of the number of electors registered in the electoral register, the Election Board shall clearly state it in a report and immediately report it to the Election Commission to decide a re-election in such constituency.

2. Regarding election of deputies to the National Assembly, the Election Commission of province shall request National Election Commission to consider and decide a re-election in the constituency which the number of poll-goers is not more than half of the number of electors registered in the electoral register.

3. Regarding election of deputies to the People’s Council, the Election Commission decide the re-election day in the constituency which the number of poll-goers is not more than half of the number of electors registered in the electoral register with the consent of National Election Commission.

4. In case of a re-election, the polling day shall be not later than 15 days after the first polling day. In the re-election, electors shall choose from the candidates on the list of the first election candidates. If, in the re-election, the number of poll-goers is still not more than half of the number of voters registered in the list and the election result shall be accepted, no re-election shall be held for the second time.

Article 81. Cancellation of election result and decision on re-election

1. The National Election Commission shall cancel by itself or at the proposal of the Government, the Central Committee of the Vietnam Fatherland Front or the Election Committee the election result in a polling station or constituency where there have been serious violations of law and decide the re-election day in such polling station or constituency.

2. In case of a re-election, the polling day shall be not later than 15 days after the first polling day. In the re-election, electors shall only choose from those on the list of the first election candidates.

Article 82. Electoral register of the additional election or re-election

The Electoral register of the additional election or re-election shall be drawn up according to the Electoral register of the first election and in accordance with this Law.

Section 4. SUMMING UP OF THE ELECTION

Article 83. Reports on election returns of National Assembly deputies of provinces

1. After receiving and checking the reports on election returns of National Assembly deputies from Election Boards and the settlement of complaints (if any), the Election Commission shall make a report on election returns in the province.

2. A report on election returns of National Assembly deputies of province must clearly state:

a) The number of constituencies;

b) The number of candidates;

c) The total number of electors in the province;

d) The number of electors who have cast their votes; the percentage of electors who have cast their ballots against the total number of electors;

dd) The number of valid votes;

e) The number of invalid votes;

g) The number of votes for each candidate;

h) The list of elected candidates in each constituency;

i) The complaints and denunciations already settled by the Election Teams and Election Boards;

k) The important incidents and solutions thereto;

l) The complaints and denunciations already settled by the Election Commission of the province;

m) The complaints, denunciations and petitions referred to National Election Commission.

3. The report on election returns of National Assembly deputies of the province shall be made in four copies, each affixed with the signatures of the Chairman and the Secretary of the Election Commission. Not later than 07 days after the polling day, the report shall be sent to National Election Commission, the Standing Committee of the National Assembly, the Central Committee of the Vietnam Fatherland Front, and the Fatherland Front Committee of the province.

Article 84. Closing report on the election of National Assembly deputies

1. After receiving and checking the Election Boards’ and the Election Commissions’ reports on election returns and the settlement of complaints and denunciations (if any), National Election Commission shall make a closing report on the election of National Assembly deputies nationwide.

2. The report must clearly state:

a) The total number of the elected National Assembly deputies;

b) The total number of candidates;

c) The total number of electors;

d) The total number of electors who have cast their votes; the percentage of electors who have cast their ballots against the total number of electors nationwide;

dd) The number of valid votes;

e) The number of invalid votes;

g) The number of votes for each candidate;

h) The list of elected candidates in each constituency;

i) The important incidents and solutions thereto;

k) The complaints and denunciations settled by National Election Commission.

3. The report shall be made in five copies, each affixed with the signatures of the Chairman, Deputy Chairmans of National Election Commission. Each copy of the report shall be sent to the Standing Committee of the National Assembly, the Government, and the Central Committee of the Vietnam Fatherland Front and one copy shall be submitted to the National Assembly new legislature.

Article 85. Closing report on the election of People’s Council deputies

1. After receiving and checking the Election Boards’ reports on election returns and the settlement of complaints and denunciations (if any), the Election Commission shall make a closing report on the election of People’s Council deputies under their responsibility.

2. The report must clearly state:

a) The total number of the elected People’s Council deputies;

b) The total number of candidates;

c) The total number of electors in administrative divisions;

d) The total number of electors who have cast their votes; the percentage of electors who have cast their ballots against the total number of electors in administrative divisions;

dd) The number of valid votes;

e) The number of invalid votes;

g) The number of votes for each candidate;

h) The list of elected candidates in each constituency;

i) The important incidents and solutions thereto;

k) The complaints and denunciations settled by the Election Commission.

3. The report shall be made in six copies, each affixed with the signatures of the Chairman, Deputy Chairmans of the Election Commission. Each copy of the closing report on election of People’s Council deputies of the district or commune shall be sent to the People’s Council, the People’s Committee, and Vietnamese Fatherland Front Committee at the same or superior administrative level. Each copy of the closing report on election of People’s Council deputies of the province shall be sent to the People’s Council, the People’s Committee, and Vietnamese Fatherland Front Committee at the same administrative level, Standing committee of the National, the Government and Central Committee of Vietnamese Fatherland Front.

Article 86. Announcement of election result and list of elected candidates

1. Not later than 20 days after the polling day, National Election Commission shall announce the election result and list of elected National Assembly deputies according to the closing reports nationwide.

2. Not later than 10 days after the polling day, the Election Commission shall announce the election result and list of elected People’s Council deputies at their administrative level according to the closing reports.

Article 87. Settlement of complaints about the election returns

1. All complaints about the election returns of National Assembly deputies must be sent to the National Election Commission within 05 days from the date on which the election returns are announced.

All complaints about the election returns of People’s Council deputies must be sent to the Election Commission within 05 days from the date on which the election returns are announced.

2. National Election Commission shall consider and settle complaints about election returns of National Assembly deputies within 30 days from the date on which the complaints are received.

The Election Commission shall consider and settle complaints about election returns of People’s Council deputies within 20 days from the date on which the complaints are received.

3. The decisions on the settlement of the complaints of National Election Commission and Election Commissions shall be the final decisions.

Article 88. Certifying status of elected National Assembly and People’s Council deputies

1. According to the closing report of election of National Assembly deputies, settlement results of complaints and denunciations related to elected National Assembly deputies, National Election Commission shall certify status of elected National Assembly deputies, issue Certificates of National Assembly deputies of new legislature to the elected deputies and send report on certification results of National Assembly deputies’ status to the new National Assembly in the first session.

2. According to the closing report of election of People’s Council deputies, settlement results of complaints and denunciations related to elected People’s Council deputies, the Election Commission shall certify status of elected People’s Council deputies, issue Certificates of People’s Council deputies of new legislature to the elected deputies and send report on certification results of People’s Council deputies’ status to the new People’s Council in the first session.

Chapter IX

BY-ELECTION OF NATIONAL ASSEMBLY DEPUTIES AND PEOPLE’S COUNCIL DEPUTIES

Article 89. By-election

1. During a National Assembly’s term, a by-election shall only be held if the remaining term of the National Assembly is more than 02 years and there are at least 10% vacancies out of total National Assembly deputies elected at the early term.

2. During a People’s Council’s term, a by-election shall only be held if the remaining term of the People’s Council is more than 18 months and one of the following conditions is satisfied:

a) There are at least 1/3 vacancies of the total People’s Council deputies elected at the early term;

b) A new administrative unit established by consolidating, dividing or adjusting boundaries of the existing administrative units that have less than 2/3 of total elected deputies as prescribed in Law on organization of local governments.

3. The National Assembly shall decide and announce the by-election day of National Assembly deputies; Standing Committee of the National Assembly shall decide and announce the by-election day of People’s Council deputies of provinces; the Standing board of provincial People’s Councils shall decide and announce the by-election day of National Assembly deputies of districts and commune.

4. The by-election day must be a Sunday and announced within 30 days before the polling day.

Article 90. Organizations in charge of by-election

1. The National Assembly shall establish a By-election Council to organize by-election of National Assembly deputies. The By-election Council shall be composed of between five and seven members namely President, Deputy President and members who are representatives of Standing committee of the National Assembly, the Government, Central Committee of Vietnamese Fatherland Front and relevant agencies.

Within 20 days before the by-election day, People's Committees of the concerned province shall, with the consent of the Standing board of People’s Council and the Standing board of Vietnamese Fatherland Front Committee at the same administrative level, decide to establish a By-election Board of National Assembly deputies. The By-election Board shall be composed of between three and five members namely Head, Deputy Head and members who are representatives of local governments and the Vietnamese Fatherland Front Committee.

2. Not later than 20 days before the by-election day, the People’s Committee of the concerned province shall, after consulting the Standing Board of the People’s Council and the Standing Board of the Fatherland Front Committee at the same administrative level, decide to set up a By-election Commission, and not later than 15 days before the by-election day, the People’s Committee of the concerned province shall decide to set up a By-election Board. Each By-election Commission shall be composed of between three and five persons, namely President, Deputy President and members. Each of By-election Board shall be composed of between three and five persons, namely Head, Deputy Head, a Secretary and other members who are representatives from regulatory agencies, political organizations, socio-political organizations and social organizations.

3. Within 15 days before the by-election day, People's Committees of the concerned commune shall, with the consent of the Standing board of People’s Council and the Standing board of Vietnamese Fatherland Front Committee at the same administrative level, decide to establish a By-election Team in each polling station, which be composed of between nine and eleven persons, namely Leader, Secretary and other members who are representatives from regulatory agencies, political organizations, socio-political organizations, social organizations and electors in such commune.

4. Tasks and powers of By-election Council, By-election Commissions, By-election Boards, and By-election Team shall comply with this Law.

Article 91. Electoral registers in by-election

The electoral registers in by-election shall be drawn up by People’s Committees of communes as prescribed in Chapter IV of this Law and announced within 15 days before the by-election day.

Article 92. Candidacy, consultation, nomination of candidates to by-election

1. The candidacy and candidacy dossier on National Assembly deputies or People’s Council deputies in by-election shall comply with Section 1 Chapter V of this Law.

Every citizen standing for National Assembly deputies or People’s Council deputies in by-election must apply for candidacy within 18 days before the by-election day.

2. The consultation and nomination of candidates, drawing up list of candidates for National Assembly deputies and People’s Council deputies in by-election shall comply with regulations of Standing Committee of the National Assembly and they shall be completed within 12 days before the by-election day.

3. The official list of candidates for National Assembly deputies or People’s Council deputies shall be announced within 10 days before the by-election day.

Article 93. Procedures for by-election and determination of by-election results

Methods for casting the ballots, procedures for by-election and determination of by-election results shall comply with Chapter VII and Chapter VIII of this Law.

Article 94. Complaints, denunciations and petitions in by-election

Complaints, denunciations and petitions in by-election and settlement of complaints, denunciations and petitions shall comply with this Law.

Chapter X

PENALTIES FOR VIOLATIONS AGAINST LAW ON VOTING AND IMPLEMENTATION

Article 95. Penalties

Any person who resorts to cheating, inducement or coercion to hinder the citizens’ voting and candidacy; any person who commits violations against regulations of law on election campaigns; any person responsible for the electoral work who forges documents, commits fraudulence in the vote count or resort to other tricks to falsify the election result shall, depending on the severity of the violation, be disciplined, subject to administrative sanctions or liable to criminal prosecution.

Article 96. Transitional provisions

With regard to suburban districts, districts or wards having no People’s Council under pilot scheme as prescribed in Resolution No. 26/2008/QH12 ò the National Assembly, Resolution No. 724/2009/UBTVQH12 and Resolution No. 725/2009/UBTVQH12 of Standing Committee of the National Assembly, the Standing board of People’s Councils of province shall, at the request of People's Committees of provinces and consulting with relevant People’s Committees, perform tasks and powers of Standing board of suburban districts, suburban or wards prescribed in Article 4, 9 and 51 of this Law.

Article 97. Effect

1. This Law comes into effect from September 1, 2015.

2. Law on election of National Assembly deputies dated 1997, which is amended by Law No. 31/2001/QH10 and Law No. 63/2010/QH12, Law on election of People’s Councils deputies No. 12/2003/QH11, which is amended by Law No. 63/2010/QH12 shall be annulled from the effective date of this Law.

Article 98. Guidance on implementation

1. Standing Committee of the National Assembly shall provide guidance on Articles and Clauses as prescribed in this Law.

2. National Election Commission, the Government, the Presidium of Central Commission of Vietnamese Fatherland Front shall implement this Law.

This Law is passed by the 13th National Assembly of Socialist Republic of Vietnam during the 9th session on June 25, 2015.

 

 

PRESIDENT OF NATIONAL ASSEMBLY




Nguyen Sinh Hung

 


------------------------------------------------------------------------------------------------------
This translation is made by LawSoft and for reference purposes only. Its copyright is owned by LawSoft and protected under Clause 2, Article 14 of the Law on Intellectual Property.Your comments are always welcomed

Đã xem:

Đánh giá:  
 

Thuộc tính Văn bản pháp luật 85/2015/QH13

Loại văn bảnLuật
Số hiệu85/2015/QH13
Cơ quan ban hành
Người ký
Ngày ban hành25/06/2015
Ngày hiệu lực01/09/2015
Ngày công báo...
Số công báo
Lĩnh vựcBộ máy hành chính
Tình trạng hiệu lựcCòn hiệu lực
Cập nhật6 năm trước
Yêu cầu cập nhật văn bản này

Download Văn bản pháp luật 85/2015/QH13

Lược đồ Law No. 85/2015/QH13 on election of deputies to the National Assembly and People’s Councils


Văn bản bị sửa đổi, bổ sung

    Văn bản sửa đổi, bổ sung

      Văn bản bị đính chính

        Văn bản được hướng dẫn

          Văn bản đính chính

            Văn bản hiện thời

            Law No. 85/2015/QH13 on election of deputies to the National Assembly and People’s Councils
            Loại văn bảnLuật
            Số hiệu85/2015/QH13
            Cơ quan ban hànhQuốc hội
            Người kýNguyễn Sinh Hùng
            Ngày ban hành25/06/2015
            Ngày hiệu lực01/09/2015
            Ngày công báo...
            Số công báo
            Lĩnh vựcBộ máy hành chính
            Tình trạng hiệu lựcCòn hiệu lực
            Cập nhật6 năm trước

            Văn bản thay thế

              Văn bản hợp nhất

                Văn bản gốc Law No. 85/2015/QH13 on election of deputies to the National Assembly and People’s Councils

                Lịch sử hiệu lực Law No. 85/2015/QH13 on election of deputies to the National Assembly and People’s Councils

                • 25/06/2015

                  Văn bản được ban hành

                  Trạng thái: Chưa có hiệu lực

                • 01/09/2015

                  Văn bản có hiệu lực

                  Trạng thái: Có hiệu lực