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Article 37. Persons not entitled to stand for the National Assembly and People’s Council election
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.
The persons who are being prosecuted for penal liability.
The persons who are serving penal sentences or decisions of the Court.
The persons who already served penal sentences or decisions of the Court but their criminal record have not yet been expunged.
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
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.
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.
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
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.
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.
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:
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;
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;
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;
The first conference of electors mentioned in this Article shall be conducted in accordance with the provisions of Article 45 of this Law;
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:
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;
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;
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;
The first conference of electors mentioned in this Article shall be conducted in accordance with the provisions of Article 45 of this Law;
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
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.
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.
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
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.
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;
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
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.
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.
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.
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.
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
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.
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.
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.
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
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.
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.
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
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.
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.
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
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.
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.
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.
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
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.
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:
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;
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;
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;
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;
The first conference of electors mentioned in this Article shall be conducted in accordance with the provisions of Article 54 of this Law;
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.
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;
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
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.
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.
The People’s Council candidates, representatives of their agencies, organizations units and the village shall be invited to attend this conference.
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.
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.
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
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.
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.
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.
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
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.
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.
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
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.
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.
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.
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.
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.
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.
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
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.
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.
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
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.
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
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.
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.
Any letter of denunciations without the denouncer’s full name or under impersonation shall not be settled.
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
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.
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.
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.
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.
The funding for election propagation and campaigns shall be ensured by government budget.
Article 63. Rules for election campaigns
The electioneering shall be conducted in a democratic and equitable manner, in accordance with law while it must ensure social order and safety.
Each candidate for National Assembly or People’s Council election in a constituency shall carry out electioneering in such constituency.
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:
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;
Through means of mass media in accordance with Article 67 of this Law.
Article 66. The second conference of electors
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.
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.
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
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.
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.
National Election Commission and the Election Commission shall direct agencies in charge of websites to comply with regulations of law on posting election campaigns.
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
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.
Misuse their positions and powers to use the means of mass media in the election campaigns.
Misuse election campaigns to campaign for funding, donations from domestic and foreign organizations for them.
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
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.
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.
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.
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.
When an elector is writing a ballot, nobody, even persons of the Election Team, is allowed to come and see;
If the elector makes a writing error, he/she may ask the Election Team to change the ballot.
When the elector casted the ballot, the Election Team shall stamp “Casted” on the elector’s card.
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
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.
Prior to the voting, the Election Team must check the ballot box to the witness of electors.
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
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.
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
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.
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.
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
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.
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.
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.
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
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.
The elected candidates must be those who poll more than half of the valid votes.
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.
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
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.
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.
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
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.
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.
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.
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
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.
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
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.
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.
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
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.
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.
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
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.
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.
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
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.
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
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.
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.
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
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.
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
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.
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.
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.
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
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.
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.
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.
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
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.
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.
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
This Law comes into effect from September 1, 2015.
Law on election of National Assembly deputies dated 1997, which is amended by Law No. 31/2001/QH10and 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/QH12shall be annulled from the effective date of this Law.
Article 98. Guidance on implementation
Standing Committee of the National Assembly shall provide guidance on Articles and Clauses as prescribed in this Law.
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.
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PRESIDENT OF NATIONAL ASSEMBLY Nguyen Sinh Hung |
