Circular 02/2016/tt-Bnv: Guide The Work Of The Electoral Institutions Lock Xiv Congress And Delegates To The People's Council Granted A Term Of 2016-2021

Original Language Title: Thông tư 02/2016/TT-BNV: Hướng dẫn nghiệp vụ công tác tổ chức bầu cử đại biểu Quốc hội khóa XIV và đại biểu Hội đồng nhân dân các cấp nhiệm kỳ 2016 - 2021

Read the untranslated law here: https://www.global-regulation.com/law/vietnam/2952795/thng-t-02-2016-tt-bnv%253a-hng-dn-nghip-v-cng-tc-t-chc-bu-c-i-biu-quc-hi-kha-xiv-v-i-biu-hi-ng-nhn-dn-cc-cp-nhim-k-2016---2021.html

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
CIRCULAR guide the work of the electoral institutions lock XIV Congress and delegates to the people's Council granted a term of 2016-2021 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based deputies election law and the people's Council of 85/2015/QH13;
Pursuant to the law enacting the legal text no. 17/2008/QH12;
Pursuant resolution No. 105/2015/QH13 of Congress on election day lock XIV Congress delegates and representatives Council granted a term of 2016-2021; establishment of the National Electoral Council;
Pursuant resolution No. 1129/2016/UBTVQH13 of the Standing Committee of the National Assembly on the election date announced lock XIV Congress deputies and delegates to the people's Council granted a term of 2016-2021;
Pursuant to Decree No. 58/2014/ND-CP of the Government functions, tasks, powers and organizational structure of the Ministry of the Interior.
The Minister of the Interior guidance the work of the electoral institutions lock XIV Congress and delegates to the people's Council granted a term of 2016-2021 as follows: chapter I GENERAL PROVISIONS article 1. Scope this guidance circular organization key deputies election XIV and the people's Council granted a term of 2016-2021 locally, including: the Organization, the activities of the institutions in charge of the elections and the election of the institutions in charge of election made before election day , in the election and after the election day.
Article 2. The object to apply the institutions in charge of the elections of Deputies locked the XIV and the people's Council granted a term of 2016-2021 was established in the province, central cities (hereafter referred to as the provincial level); District, County, town, city in the province, a city in central cities (hereafter referred to as district level); communes, wards and towns (hereinafter referred to as the social level) and the agencies, organizations, individuals involved in performing the work of elected deputies and delegates to the people's Council levels.
Chapter II ORGANIZATION and FUNCTIONING of the INSTITUTIONS in CHARGE of LOCAL elections in article 3. The establishment, structure, composition and powers of the institutions in charge of local elections 1. The establishment, structure, composition and powers of the institutions in charge of elections conducted under the provisions of articles 21, 22, 23, 24, 25, 26, 27 and 28 the electoral law, deputies and delegates to the people's Council.
With regard to the ongoing pilot local does not organize the District Councils, district, Ward, then the establishment of the institutions in charge of local elections by the people's Committee of the district, the County, ward after the unification with the Permanent Commission of the Vietnam Fatherland Front the same level (decision structure the composition of the institutions in charge of elections in the locality has no permanent representative Council the same level).
For the electoral district level councils of Deputies only one township voting area is established and the Election Committee election; Election Committee members may join as members of the nest.
2. The agency issue the authority established the Organization in charge of elections and choose those with the political qualities, good morals, public confidence, knowing the law and have the experience to perform election involved the Organization in charge of the election.
3. where a member organisation in charge of elections to be killed, being disciplined, being prejudice to criminal or other reasons leading to disabilities, member organizations in charge of elections shall be based on the specific situation of each of the local people's Committee after its unification with the people's Council and the Standing Committee the Committee of Vietnam Fatherland Front the same level determination to change additional members, the Organization in charge of elections in the level.
As for the change, additional member organizations in charge of elections in the locality are performing pilot not held the District Councils, district, Ward people's Committee then after with permanent Vietnam Fatherland Front Committee of the same level.
Article 4. Assigned the task of organization members in charge of the election of the President of the provincial election Commission, Chairman of the Electoral Commission, Electoral Commission Chairman social; The election Board Chief deputies, head of the Election Committee delegates to provincial councils, district level, level and township chief elections Nest (hereinafter referred to as the head of the Organization in charge of elections) is responsible for the assignment of specific powers, duties of each member organization in charge of elections his level from the preparatory phase , deployment, held on voting, the work conducted after election day until the end of the election. In it, the assignment a member responsible for synthesizing the work of election General Election Committee and the Election Committee.
Article 5. Activities of the institutions in charge of the elections and the responsibility of the members of the Organization in charge of election 1. Activities of the institutions in charge of elections a) based on the specific conditions, the Organization in charge of elections can gather public servants of State bodies, business units, political organization, social-political organizations, social organizations assist the organisation in charge of elections according to the decision of the head of the Organization in charge of the election;
b) the organizations in charge of organizing elections holds the duties and powers of each of the organizations in charge of elections and electoral law were deputies and delegates to the people's Council regulation; the members of the Organization in charge of elections must be adequate training, professional skills to perform election deputies and delegates to the people's Council, which particularly focuses on the work of training for crew members of election;
c) the organizations in charge of the elections made the work prescribed by the electoral law, deputies and delegates to the people's Council and perform periodic reporting on the State of progress of the preparation, deployment, make the task of election with the Organization in charge of elections supervisor and the competent authority.
2. The liability of the members of the Organization in charge of elections a) the head of the Organization in charge of assigning election, urging, examine the tasks, powers specific to each member during the election;
b) member organizations in charge of elections is responsible for fully participating in the skill training, professional election task implementation; to master and perform the right tasks, permissions that are assigned; the mind, objectivity, honesty in the course of performing assigned tasks;
c) in the course of performing assigned tasks, the members of the Organization in charge of elections must exchange, consultation work, reviews of experiences about the work already done by each Member; the head of the Organization in charge of elections is responsible for directing, urging members to make the outstanding work and the assignment of members to perform the next task of the Organization in charge of elections according to the progress of the election;
d) on election day, the members of the Organization in charge of elections to wear the insignia of the Organization in charge of election level.
Chapter III ORGANIZATION PROFESSIONAL ELECTION DEPUTIES and DELEGATES to the PEOPLE'S COUNCIL LEVELS article 6. Polling place layout 1. Depending on conditions in local infrastructure such as schools, culture houses, school, ... and the base population distribution density in the area to vote, election polling place choices (the vote) Accordingly, ensuring convenient to voters to vote. Polling place are stately décor, save; the layout of the entrance for the electorate to vote and exit for voters after the vote is done.
2. voting locations include: gateway to the area outside the voting room and the area inside the voting room is decorated according to the model instruction of the competent authority.
a) gateway on and the area outside the room voting-election to use the portal room to vote or to use the materials available locally to do the port area;
-The area outside the room where ballot listed electoral list, the list profiles and candidates; Bylaws vote, election rules, standards and standards Congress delegate the people's Council; hosted the opening ceremony; where welcomed voters to vote. This area can arrange tables, chairs to waiting voters do vote;
(The gateway into and out of the rooms are decorated in voting model No. 1 attached to this circular).
b) area inside the voting room-area inside the voting room must be arranged, enough tables, chairs, a writing pen and the conditions necessary for voters to vote; the wide hall where you can organize the opening statements in the vote;
-Vote to have entrance, offering a PM and in the order given, can refer to the following diagram layout: start the entrance is the table Guide to voters voter card and get the vote; Next up is some voters desk to write a wrong place to vote, votes; the desk stamped "voted" on the voter Card to confirm the voter has voted; the way out for voters after the voters have done the vote;
-Depending on the specific conditions of each vote, the election may be listed on the Add list, candidates profile, bylaws vote, election rules, standards and standards Congress delegate the people's Council to consult voters before written ballots;
-Where the voter written ballots need the baffles to ensure voters "secret ballot" under the provisions of the legislation on elections;
(The area inside the voting room is decorated according to the model No. 2 attached to this circular).
3. Chief Electoral Nest are assigned crew members rotating election polling place guard online all day and night before election day and on election day.
Article 7. Ark votes

The preparation of chest size, number of votes, the Ark of the votes according to their characteristics, the condition of each locality according to the specific instructions of the provincial election committee. Ark new votes or use the existing election votes Ark. Ark of the votes be sure sure, nice clean decor, in front of the Ark of the votes there, the bottom coat shaped stickers have the words "ARK of votes". In addition to the primary votes, the election of the Ark to prepare extra votes Ark (Ark mobile votes) and tape sealed Ark votes.
Article 8. Get the documentation related to the work of the Nest election election election assigned members receive the following types of documents from the people's Committee and the Board of township-level elections the same level: 1. get the voter Card according to the list of voters in the polling area and played to the voters before the election according to the provisions of the electoral legislation.
2. get enough number of votes according to the list of voters and the number of votes. When receiving the vote thereon must be delivered between the Department and the recipient of a specific number of each type of vote. The nest test election ballots listed candidates with the right of voting area and must manage closely the number of types of vote.
3. election of the seal and the seal "voted".
4. The types of documents, the form of election.
5. The list of voters voting area.
6. List and brief biography of the candidate people deputies and delegates to the people's Council levels in the area to vote.
7. Rules vote, election rules, inaugural sampling.
8. The badge of the crew members.
9. The Office supplies (pens, paper, scissors, rulers, glue, ink, stamp boxes, ...).
10. Other documents related to the election under the guidance of local.
Article 9. The work done before the election of election 1. Chief Electoral Nest chaired the meeting assigned specifically to each Member performs the following operations: a) Chief General charge, directed operations in the vote and the vote, the tally;
b) secretariat is responsible for the management of documents, seals, do check the results thereon electoral votes;
c) assigned members responsible for decorating the room to vote, directly directed to operate out of the room to vote and ensure the physical-technical conditions for the election of the election;
d) assigned to a member is responsible to check voters ' Cards, collate the list of voters, marked the track turnout on voter lists, ballots were stamped with the seal of the election for the electorate;
DD) assigned member is responsible for guiding the voters how to vote and write the vote;
e) assigned direct responsibility members at the table near the Ark, stamped "voted" on the front of voters ' Cards when voters voted in chest;
g) assigned to the voter guide members out, into the room to vote, vote, vote vote and writing;
h) assigned members in charge of the task of ensuring security, social safety and order at polling places;
I) assigned to urge members, notice to the voter votes;
k) the work related to the work of the election.
2. electoral Nest made of your work, check the media type the material-technical service of election day, including: a) vote;
b) Where listed electoral list, the list of candidates for the deputies and Council candidates people;
c) vote ensures the right constituencies, voting area;
d) seals;
DD) The Ark of votes;
e) documents, the form of election;
g) component of the opening ceremony, the inaugural and the Office products (paper, pens, scissors, tape seal, seal cartridge votes Ark, backup lights, ...) serves the election;
h) the list of voters voting areas, which should clearly define the number of voters who are sick, disabled, elderly; people are under detention, people are putting measures Executive on the basis of compulsory education, the compulsory rehab facility that detention, compulsory education institutions not organized a private voting area; people are detained in detention homes (if any) to plan to put extra votes and the vote to the Ark for the voters get to vote and do vote;
I) means the material-technical service for election day.
3. management of the vote Chief Electoral Nest assigned management members of the vote closely. Event detection missed vote election it must immediately report the Election Committee to take measures promptly.
Article 10. The work done on election of election 1. The crew members of elections must come before the opening hour to check the preparation work, ensure the correct opening time specified. Voting starts at 7 am and ending at 7 p.m. the same day. Grounded in local realities of the situation, the election could decide to start voting early, but not before 5 a.m. or end later than but not too 9 pm the same day. After you have fully tested the conditions needed for the election, the new elections held the opening and conducting the vote.
2. the opening ceremony a) opening ceremony attendance component:-The crew members, who are voting the tasks related to the electoral woes;
-Representative of the party, the Government, the Vietnam Fatherland Front, the Organization of the local unions;
-A representative of the electorate as the elderly, people with revolutionary and religious dignitaries in the area (if available);
-Voters to attend the opening ceremony;
-Reporter, radio station (if any).
b) sequence organization of the opening ceremony the opening ceremony must be held solemn time, about 15 to 20 minutes, because the Chief Electoral Nest presiding and the following sequence:-flag, the statement of reasons, the introduction of delegates;
-Opening speech;
-Read the rules vote;
-Check the Ark, Ark of extra votes votes in front of voters; invite 2 voters not candidates deputies and delegates to the people's Council election levels in the area witnessed the vote check Ark votes, then sealed the Ark, Ark of extra votes votes according to regulations;
-After the sealing procedure done Ark votes, Chief Electoral Nest claimed electoral vote lock XIV Congress and delegates to the people's Council granted a term of 2016-2021 started;
-Elections are arranged into members of permanent election party Ark votes voter guides duty to vote and defend the Ark votes.
3. Conduct a vote) voters to go vote, no thanks to other people vote, vote change. When to vote, voters present a voter Card to get votes;
b) at the start of the vote, the election offers voters named in the list of voters was the leader of the party's Committee, local authorities, people with religious dignitaries, revolutionary (if any) and the voter is the oldest person present at the time of the opening of the vote;
c) voting is conducted continuously. The nest election must regularly inform, instruct the voter to comply with the provisions of the law on elections, election rules, voting room rules; instructions to voters how to vote and write the vote; urging voters to actively implement the voting rights and duties of citizens;
d) When voters write the vote, nobody is watching, including the crew members to vote. If voters broken tiles, the voter has the right to change the vote. Voters could vote then people write thanks (tiles) but to vote. Written households vote must fully read and last name candidates on the ballot for voters to decide. Written ballot must honestly record household of voters thanks to written and secret vote. When writing the finished ballots returned to households vote for voters to vote on his own voters into the Ark. Disabled people may not vote, thanks to other people who voted in chest;
DD) while conducting the vote, if there are any unusual situation occurs disrupt the vote, the election Chief Nest and Nest members vote to quickly hustle to timely handle. Case of exceeding authority or can't handle it must promptly report the Election Committee is to have solved. If you have to pause it electoral vote must proceed to seal and close management Ark votes, votes, and other related materials, timely reporting of the election Board know to have resolved, at the same time to take measures needed for the vote to be conducted;
e) elections are stamped "voted" on the cards for voters of the electorate voted.
4. A number of points to note on election a) took place during the vote, the election crew members are considerate, polite, enthusiastic, thoughtful Guide for voters to participate. The crew members are assigned to election duties once the work on election must actively perform tasks assigned and support other members complete the tasks of the general election;
b the election) specific instructions to voters how to vote. If the voters do not trust the candidate would then dash between both of them and the name of the candidate that (brick over the text and the name of the candidate); No circle, slash, underscore, the tiles on the full name of the candidate; not marked on the ballot; do not write more, not be named alien lists on the ballot; not elected too fixed in representation votes; do not leave the vote for the votes cast have candidates who balance (not the name of any candidate tiles) or brick, all candidates in the vote;

c) cases must use extra votes, the Ark Chief Electoral Nest is responsible for checking the number of votes cast when the play out for crew members to bring the election along with extra votes to the Ark of the voters is ailing, elderly, disability; people are under detention, people are putting measures Executive on the basis of compulsory education, the compulsory rehab facility that detention, compulsory education institutions not organized a private voting area; people are detained in detention homes (if any) carried the vote by not to be in the room to vote. After this vote, the voter into the voting members must bring the right chest side votes on the voting area;
d) If voters demand another vote due to broken tiles, brick slips to recall election of the voters, then played another vote;
DD) When voters voter Card and a certificate goes to vote elsewhere due to the people's Committee of the place of residence or by the township-level commander of the people's armed units recommended level was added to the list of voters and abstentions in the vote of the election it must guide the people to people Committee to township level supplements to the list of voters. Additional voter list must clearly define who is elected deputies and deputies to the provincial people's Council. After obtaining additional voter list by the people's Committee of social validation, a new election was the vote for the voters; When the voters have voted is finished then the nest election must stamp "voted" up the voter Card and a certificate goes to vote elsewhere. The nest election must write additional voter lists to track data and after the end of the vote;
e) election not to those who do not have a duty to vote. No one was carrying weapons, explosives, flammable material, ... into the polling place.
5. The end of the vote and the tally after the Organization has time to vote under the provisions of the electoral law, deputies and delegates to the people's Council election it opens the chest to tally the votes.
6. Assign tasks to members when conducting the tally and record-setting tally a voting) assigning election Nest members into groups to make the ballot. With regard to the election of full membership to the four groups then assigned as follows: Group check out the vote deputies; check group delegates vote provincial councils; check group delegates vote people's Councils at district level; check group delegates vote social councils;
For the elections is not sufficient number of members to separate into four groups, the Chief Electoral Nest assigned the group check out the vote deputies and delegates to the people's Council levels accordingly;
b) Secretary to the nest election proceed up the minutes of the voting tally results.
Article 11. Inventory, checking and sorting of votes 1. Before opening the Ark of the votes, the election must inventory and inventory report on the use of electoral votes to lock XIV Congress and delegates to the people's Council granted a term of 2016-2021 according to model No. 31/BCĐBQH & BCĐBHĐND (attached to resolution No. 41/HĐBCQG of the national election Council).
2. Invite 2 voters who is literate, have the credibility among the people at the table and not the candidates Congressman, representative of the Council of people's deputies of the levels in the vote which saw the opening of the Ark of the vote. Representative or the legal representative of the candidate and the reporter witnessed the tally of the vote.
3. Chief Election key votes Ark open Nest and Ark of extra votes (if any) to conduct the ballot.
4. Nest of election made the sort of vote by deputies vote color, the color vote of delegates provincial councils; delegates vote coloring people's Councils at district level; the color vote of Deputies social councils; inventory (count) total votes in the Ark of the votes to determine the number of votes collected on and delivered the kind of vote for the Group's assignment was to start the election tally.
5. inspect election Nest total votes collected in comparison with the total number of voters participated in the vote. If the total number of votes equal to or less than the number of voters who participated in voting, the election conduct Nest tally. The case total votes collected on more than the total number of voters participated in the vote, the electoral Nest to check back; If the test still results total votes on more than the total number of voters participated in the vote, then immediately sealed Ark votes and immediately report the election Board resolution. Case exceeds the jurisdiction of the Board of elections, the Election Committee must promptly report the Election Commission to review the decision.
6. At the start of the ballot, the election made sorting ballots into 2 types: a) valid votes Type;
b) types of invalid votes.
7. After finishing sorting the votes, the election must record the test results of the vote valid, invalid votes on the report on the results of the vote.
8. Report on the results of the voting tally key deputies of XIV election according to model No. BCĐBQH and 20 minutes the results tally the election of deputies of the people's Council elections under model number 25/BCĐBHĐND (attached to resolution No. 41/HĐBCQG of the national election Council).
Article 12. Tally the votes cast for each candidate 1. The votes for each candidate made only with respect to the valid votes. The valid votes must be classified into categories, including: the type of vote 1 delegates; Type 2 quorum vote; the type of vote 3 delegates, ...
2. The nest election ballot according to each type of votes prescribed in clause 1 of this article to make determining the number of votes cast for each candidate.
3. To the tally was accurate, the elections Division at least 3 people check out the votes, including: 1 the reader, 1 person on record, 1 person check the read and write. How to record the number of votes for each candidate references according to the drawing in turn the square and a diagonal, just 5 votes made up 1.
Article 13. Sealing and manage the vote after checking 1. After the tally and record-setting tally the results, the elections proceeded to seal the ballot according to each type of vote deputies, the vote of the people the Council level as follows: a Number of valid ballots);
b) number of invalid ballots.
2. The whole of the votes were sealed to the provisions in clause 1 of this article must be hacked for electoral votes and sealing procedures Ark votes signed by Chief, Secretary of the Election Commission Hosted the send level people's communes.
3. the people's Committee of social responsibility to manage these types of votes in local elections. In time management of votes, if not the opinion in writing of the authority shall absolutely not be open and check the votes were sealed.
Article 14. Information mode, report 1. Provincial Election Committee decided the implementation modes of information, reported by the institutions in charge of the local elections to the Organization in charge of elections supervisor and the competent authority.
2. On election day, the Organization in charge of the elections made the mode information, periodic reports in two hours. Content information, report the following: a) The physical conditions-technical service for election day;
b) advantages, difficulties of transportation, communications, weather affect the election;
c) of elections;
d) Of turnout and turnout;
DD) air on election, public opinion among the people about the election and candidates;
e) the political and security situation in order, the local social security during the elections;
g) situations arising should steer opinion resolve (if available).
Chapter IV IMPLEMENTATION article 15. Responsible for implementation 1. The Department of the Interior (for the province), the Interior (for the district level) is the permanent body, to help the provincial election Committee, the Election Committee at district level in performing the work in local elections.
2. the people's committees of all levels, the Organization in charge of the local elections, the Interior Department provincial and district-level Interior Room is responsible for implementation of this circular.
3. Pursuant to the provisions of this circular, the Organization in charge of elections and assigned tasks, the specific permissions for each Member of the Organization in charge of election level.
4. During the implementation of this circular, if problems arise or difficult problems, the people's Committee, the provincial election Committee in timely reflections on the Interior Ministry and the Agency directed the central election guidance, study the resolution.
Article 16. Effective enforcement of this circular effect since enforcement./.