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THE NATIONAL ASSEMBLY |
SOCIALIST REPUBLIC OF VIETNAM |
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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
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.
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
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.
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.
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.
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.
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.
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.
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.
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:
Each province has at least three candidates who reside and work in such province;
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
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.
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.
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.
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:
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;
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;
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
National Assembly deputies and People’s Council deputies shall be elected by constituencies.
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.
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.
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
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.
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.
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.
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
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.
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.
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
Hold election of deputies to the National Assembly.
Direct and give instructions in election of deputies to People’s Councils.
Direct the communications, propagation and election campaigns.
Direct activities in terms of security, order, social safety in the election.
Inspect and expedite the implementation of law on election.
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
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.
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.
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.
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.
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.
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.
Certify and announce results of election of deputies to the National Assembly nationwide; certify status of elected National Assembly deputies.
Submit closing reports on the election nationwide and certification results of status of elected National Assembly deputies to the new National Assembly.
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.
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
Direct and give instructions in implementation of regulations of law on election of deputies to People’s Councils.
Give instructions in operation of electoral organizations of deputies to People’s Councils.
Inspect the organization of election of deputies to the People’s Councils.
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
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.
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.
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
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.
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.
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.
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
National Election Commission has assisting units promulgated by Standing Committee of the National Assembly.
National Election Commission is entitled to requisition officials and civil servants of regulatory agencies, political organizations and political organizations to assist National Election Commission.
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:
Election Commissions of provinces, districts, and communes (hereinafter referred to as the Election Commissions).
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).
Election Teams.
Article 22. Establishment, proportion and composition of the Election Commissions
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.
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
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;
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
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.
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.
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
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.
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
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.
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
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.
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.
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
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.
Each citizen may be only recorded his/her name to the electoral register in their permanent or temporary residence.
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.
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).
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
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.
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.
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.
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.
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
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.
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
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.
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.
National Election Commission shall provide guidance on this Article.
Article 36. Submitting candidacy dossiers
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.
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.
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.
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