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Law 63/2010/qh12: Amendments And Supplements To Some Articles Of The Law On Election Of Deputies And The Council Of Deputies Election Law People

Original Language Title: Luật 63/2010/QH12: Sửa đổi, bổ sung một số điều của Luật Bầu cử đại biểu Quốc hội và Luật Bầu cử đại biểu Hội đồng nhân dân

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Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992 was revised, some additional articles by resolution No. 51/2001/QH10;

Congress enacted the law on amendments and supplements to some articles of the law on the election of deputies in 1997 was revised, some additional articles by deputies election law No. 31/2001/QH10 and election law, deputies to the people's Council No. 13/2003/QH11.

Article 1 amendments and supplements to some articles of the law on the election of Deputies.

1. Article 12 is amended and supplemented as follows: "article 12 1. Each electoral district deputies divided into several areas to vote. Election voting area Congressman's voting area of election of deputies to the people's Council.

2. Each voting area from three hundred to four thousand voters. In the mountains, Islands and places the focus despite not yet having reached three hundred voters also established a voting area.

The regional split vote by the people's Committee of the communes, wards and towns and the decision by the people's Committee of the supervisor approves. For those where no administrative communes, wards and towns, dividing the vote by the people's Committee of the district, County, city, town in the decision.

People's armed units to establish private voting area, except in the case of the armed units and local people have in common a voting area.

The hospital, the midwife, sanatoriums, health care facility disabled, elderly care facilities have fifty or more voters can establish private voting area.

The institution, the basis of healing for those who accept the decision handling administrative violations can establish private voting area. "

2. Article 13 is amended and supplemented as follows: "article 13 the institutions in charge of the elections of Deputies include: 1. the Central Election Council;

2. The Committee elected deputies and deputies to the provincial people's Council in the province, central cities;

3. The Board of elections in electoral unit;

4. electoral Nest in the voting area. "

3. Article 14 be amended and supplemented as follows: "article 14 1. The slowest is one hundred and five days before the election, the Committee of the National Assembly established the Electoral Council in central to the election of Deputies and delegates to the people's Council levels. The Electoral Council have from fifteen to twenty-one people including the President, the Vice-President, the Secretary and the Commissioner is to represent the Committee of the National Assembly, the Government, the Central Committee of the Vietnam Fatherland Front, a number of agencies, relevant organization.

2. For the election of Deputies, the Electoral Council has the following powers and duties: a) leader, directing the Organization of elections in both countries; test, urging the enforcement provisions of the legislation on elections;

b) directs the work of information, advocacy and campaigning for election;

c) directing the work to protect the security, safety, social order during the elections;

d) receive and consider the profile of people who held political, social-political organizations, social organizations, people's armed forces, the central State bodies to introduce candidate Congressman; send a brief biography of the representative to the Standing Committee of the Central Committee of the Vietnam Fatherland Front;

DD) get the profile and list of Deputies candidates by Electoral Commission of Deputies and deputies to the provincial people's Council sent to;

e) prescribing the form of the voter cards and ballot deputies;

g) Created and published the list of Deputies candidates in each electoral district in the country;

h) complaint resolution, to report on the work of election of Deputies Election Committee deputies and delegates to provincial councils, the Election Committee and the election; complaint resolution, to report on the election of Deputies due to the Electoral Committee of the deputies and delegates to provincial councils or Election Committee moved to; complaints, accusations about the candidates for deputies; resolving complaints about election results deputies;

I) receive and examine the minutes determine the election results by the Election Commission of Deputies and deputies to the provincial people's Council, the Board of elections sent to; do the minutes of the election of deputies in the country;

k) decide the election, the election more deputies or the annulment of election results deputies in constituencies;

l) announced the election results deputies throughout the country;

m) certification for the elected deputies;

n) process of the Committee of the National Assembly and the National Assembly's new report summarizing the election of deputies in the country and the document records deputies election.

4. Article 15 be amended and supplemented as follows: "article 15 1. Least ninety-five days before the election, the provincial people's Committee, the central cities after the reunification with the people's Council and the Standing Committee of the Fatherland Front Committee of the same level to form the Election Committee of Deputies and deputies to the provincial people's Council to oversee the elections of Deputies and delegates The provincial people's Council. The Electoral Commission of Deputies and deputies to the provincial people's Council have from twenty-one to thirty-one people including the President, the Vice-President, the Secretary and the Deputy Permanent Representative of the people's Council, the people's Committee, the Fatherland Front Committee of the same level , some agencies, relevant organization.

The Electoral Commission list deputies and delegates to provincial councils must be reported up the Standing Committee of the National Assembly, the Government, the Central Committee of the Vietnam Fatherland Front and the Electoral Council.

2. For the election of Deputies, Electoral Commission of Deputies and deputies to the provincial people's Council has the following powers and duties: a) directs the preparation and organization of the elections of deputies in the election unit; test, urging the enforcement regulations of the law on elections of deputies of the Election Committee, the election;

b) Steering information, advocacy and campaigning for elections in local deputies;

c) directs implementation of security protection, safety, social order in the elections of the local deputies;

d) receive and consider the profile of people who held political, social-political organizations, social organizations, people's armed forces, the local State bodies to introduce candidate Congressman and the profile of the candidate Congressman; send a list of citations and brief biography of the man who introduced the nomination and the people themselves to deputies of Standing Committee the Fatherland Front Committee, central cities;

DD) Received electoral votes and deputies from the people's Committee of the central cities, and distributed to the Electoral Committee of twenty-five days before the election;

e) list candidates Deputies under the electoral divisions and Electoral Council report;

g) direction, check the set up and listed on the list of voters;

h) complaint resolution, to report on the work of election of Deputies, election of the Election Committee; complaint resolution, to report on the election of Deputies due to the Election Committee, the election moved to; complaints, accusations about the candidates for deputies;

I) receive and examine the minutes determine the results of elections of deputies of the Election Committee; record-setting determines the election results in local deputies;

k) announced the election results in local deputies;

l) report the situation to organize and conduct elections of Deputies according to the regulations of the Board of elections;

m) Transfer of records, minutes, determine the results of elections to the Council of Deputies election;

n) held the vote again, more deputies elected under the Electoral Council's decision.

5. Article 16 is amended and supplemented as follows: "article 16 1. Least sixty days before the election, the provincial people's Committee, the central cities after the reunification with the people's Council and the Standing Committee of the Fatherland Front Committee of the same level decided to establish in each electoral district a Election Committee from nine to fifteen people including the head of Department , the Deputy Head of the Board, the Secretary and the Deputy Permanent Representative of the people's Council, the people's Committee, the Fatherland Front Committee of the same level, some agencies, relevant organization.

2. the election Board has the following powers and duties: a) check, urging the enforcement regulations of the law on elections of deputies of the election;

b) test, urging the deployment of the vote;

c) check up and listed on the list of voters;

d) distributed electoral votes and deputies for the elections at the latest fifteen days prior to the election;

DD) listed on the list of candidates for deputies in constituencies;

e) Steering, check the voting deputies in the vote;

g) receive and examine the minutes of the check results electoral votes by deputies and the election sent to; do the minutes determine the results of elections in the deputies election unit to submit to the Board of elections, the Electoral Commission of Deputies and deputies to the provincial people's Council;  

h) received and transmitted to the Electoral Committee of Deputies and deputies to the provincial people's Council complaints, accusations about the candidates for deputies; complaint resolution, to report about the work of elected deputies of the election;

I) situation report to organize and conduct elections of Deputies according to the regulations of the Board of elections, the Electoral Commission of Deputies and deputies to the provincial people's Council;

k) file, the document about the elections to the provincial people's Committee, the central cities;

l) holding the elections, more voting delegates to Congress. "

6. Article 17 is amended and supplemented as follows: "article 17


1. At the latest is thirty-five days before the election, the people's Committee of the communes, wards and towns after the reunification with the people's Council and the Standing Committee of the Fatherland Front Committee of the same level decided to establish in each voting area an election to oversee the election of Deputies and delegates to the people's Council levels. The nest election from eleven to twenty-one people including the Chief, Deputy, Secretary and the Commissioner is to represent State agencies, socio-political organizations, social organizations, local voters.

For those where no administrative communes, wards and towns of the district people's Committee, district, town, city in the province after the reunification with the people's Council and the Standing Committee of the Fatherland Front Committee decided to establish the same level in each area to vote a vote from eleven to twenty-one people including the Chief , The Deputy Secretary and the Commissioner is to represent State agencies, socio-political organizations, social organizations, local voters.

People's armed units established in each area of his vote a vote from five to nine people including the Chief, Deputy, Secretary and the Commissioner as the representative unit commanders and military representatives.

In the case of the armed units and local people have in common a voting area, the people's Committee of the communes, wards and towns after the reunification with the people's Council, the Standing Committee of the Fatherland Front Committee of the same level and Commander of the people's armed units to form the nest election from eleven to twenty-one people including the Chief , The Deputy Secretary and the Commissioner is to represent State agencies, socio-political organizations, social organizations, the local electorate, represented the unit commanders, military representative.

2. election of the Nest has the following powers and duties: a) in charge of the work in the area of electoral vote;

b) arranged in the room voted, preparing the Ark of votes;

c) Receives the document and vote from the Board of elections; voter cards, stamped ballots of the election for the electorate;

d) regularly inform voters said on election day, polling places, voting time within ten days before the election;

DD) ensure implementation of adjustment rules vote;

e) complaints, accusations about his election work in charge;

g) ballot and tally the results thereon made to submit to the Board of elections;

h) delivered the report on the results of votes and the vote for the people's Committee of the communes, wards and towns;

I) report the situation to the Organization and conduct of elections in accordance with the organizations in charge of the superior election;

k) holding the elections again, more elections. "

7. Article 21 is amended and supplemented as follows: "article 21 Electoral Council off election duties to deputies after the new National Assembly the minutes of the election of Deputies and records, documenting the deputies election.

The Electoral Commission of Deputies and deputies to the provincial people's Council, the Election Committee election, the foremost task for the election of deputies to the National Assembly after the election Board finished the election work summarizing the Congressman in the country. "

8. Article 25 be amended and supplemented as follows: "article 25 slowest is thirty-five days before the election, the Agency established the list of voters listed on that list at the headquarters of the people's Committee of the communes, wards and towns and in public places of the area voted, at the same time widely reported electoral list and the listing to check the people."

9. Article 26 is amended and supplemented as follows: "article 26 When checking the list of voters, if there are errors then within twenty-five days from the date of listing, every person has the right to complain orally or in writing with the establishment of the list of voters. The Agency established the electoral list to log complaints. Within five days of receiving the complaint, the Agency established the list of voters must address and inform the complainant knew the results.

The case the complainant disagree about the results solve then has the right to sue in the civil courts of the district, County, town, city in the province. Within five days from the date of receiving the grievance, people's courts must be resolved. The people's Court's decision is the final decision. "

10. Article 46 be amended and supplemented as follows: "article 46 based on the official list of candidates were deputies of the Presidium of the Central Committee of the Vietnam Fatherland Front, the Electoral Council referral sent to the Electoral Commission of Deputies and deputies to the provincial people's Council relevant list of people is about the candidate at local.

The Electoral Council and announced the list of candidates for deputies for each constituency in the country according to the official list by the Standing Committee of the Central Committee of the Vietnam Fatherland Front and the Election Committee of Deputies and deputies to the provincial people's Council sent to the slowest is twenty-five days before the election.

In the list of candidates for deputies have to specify them, name, date of birth, gender, hometown, residence, ethnicity, religion, culture, professional qualifications, occupation, position, place of work of the candidate. The list of candidates sorted by spelling letters A, B, C ...

The number of people in the list of candidates for deputies in each electoral district must be more than the number of deputies to be elected in that unit; If the electoral divisions elected three deputies, the number of people in the candidate list are more than the number of delegates to be elected at least two people. In the case of candidates with disabilities, by reason of force majeure by the Electoral Council decided.

Only candidates enrolled on the list of candidates in an electoral district. "

11. Article 55 be amended and supplemented as follows: "article 55 special cases need to postpone the date to vote or vote on early election it rules must promptly report the election Board to recommend the Election Committee election, the Review Board decision".

12. Article 58 be amended and supplemented as follows: "article 58 each voter has the right to cast a vote deputies.

Voters have to vote yourself, not thanks to the others elected, except in cases specified in article 59 of this law; as the election must present voter cards. "

13. Article 60 is amended and supplemented as follows: "article 60 When the voter written vote, nobody is watching, including crew members.

If written, the voter has the right to change the vote.

When voters vote is finished, the responsible election stamped "voted" on voter cards. "

14. Article 68 was amended and supplemented as follows: "article 68 1. After the tally is completed, the elections must report on the results of the vote. The minutes must specify: a) the total number of voters of the voting area;

b) number of voters participated in the vote;

c) vote play out;

d) number of votes on each;

Number of valid ballots);

e) invalid votes;

g) the number of votes cast for each candidate;

h) complaints received, these complaints were resolved and the results resolved, the complainant moved to resolve the election.

2. The minutes were made in three copies, signed by Chief, Secretary and two voters were invited to witness the vote. The minutes are sent to the Board of elections and the people's Committee, the Standing Committee of the Fatherland Front Committee of the communes, wards and towns is the latest three days after the election day. "

15. Article 82 be amended and supplemented as follows: "article 82 of twenty days before the election, additional provincial people's Committee, the central cities after the reunification with the people's Council and the Standing Committee of the Fatherland Front Committee of the same level to form in the election unit additional Election Committee from three to five people including the head of Department , Deputy Head of the Board, the Secretary and the Commissioner is to represent local governments and national committees in the local. "

 16. Article 83 is amended and supplemented as follows: "article 83 least fifteen days before the election, the people's Committee of additional communes, wards and towns established in each voting area a supplementary election from five to seven people including the Chief, Deputy, Secretary and the Commissioner is to represent State agencies , social-political organizations, social organizations, the local electorate. "

Article 2 amendments and supplements to some articles of the law on the election of deputies to the people's Council.

1. Article 13 is amended and supplemented as follows: "article 13 1. Each delegate election Council each level divided into one or more of the voting area. The area of the electoral voting delegates to the people's Council is the election voting area Congressman.

2. The establishment of the area of the vote made in accordance with article 12 of the law on the election of Deputies. "

2. Article 15 be amended and supplemented as follows: "article 15 the institutions in charge of the elections of deputies to the people's Council consists of: 1. the Central Election Council;

2. The Committee elected deputies and delegates to provincial councils in the provinces and cities under Central Election Committee delegates to district-level people's councils in the district, the County, a town, a city in the province, Election Committee delegates in the township-level people's Councils of communes Ward, (hereinafter collectively known as the Election Committee);

3. Election Committee delegates to provincial councils, Election Committee delegates-level councils, Election Committee delegates at the township-level people's Council election unit (hereinafter referred to as the Board of elections);

4. electoral Nest in the voting area. "

3. Supplement Article 15a following article 15 as follows: "article 15a 1. The Electoral Council was established under the provisions of article 14 paragraph 1 of the law on election of Deputies.

2. For the election of deputies to the people's Council, the Electoral Council has the following powers and duties: a) leader, directing the Organization of elections in both countries; test, urging the enforcement provisions of the legislation on elections;

b) directs the work of information, advocacy and campaigning for election;

c) directing the work to protect the security, safety, social order during the elections;

d) Regulation electoral delegates form the people's Council;

DD) to cancel the results of elections of deputies of the people's Council and decide the election in that electoral district. "

4. Article 16 is amended and supplemented as follows: "article 16


1. The establishment of the Election Committee of Deputies and delegates to provincial people's Council was made under the provisions of paragraph 1 article 15 of the law on election of Deputies.

For the election of deputies to the people's Council, the Election Committee of Deputies and delegates to provincial people's Council has the task and powers prescribed in paragraph 3 of this article.

2. At the latest is ninety-five days before the election the people's Council, the people's committees at district level, the social level after reunification with the people's Council and the Standing Committee of the Fatherland Front Committee of the same level to form the corresponding Election Committee consisting of the permanent representatives Council , The people's Committee, the Fatherland Front Committee, some agencies, relevant organization.

The Election Committee delegates-level councils have from eleven to fifteen people.

The Election Committee delegates there township-level people's Council from nine to eleven people.

The Election Committee consists of the President, the Vice-President, the Secretary and the Commissioner.

List of Election Committee delegates-level councils and social level must be reported up the people's Council, the people's Committee and the Standing Committee of the Board of the national supervisor.

3. The Election Commission has the following powers and duties: a) directed the Organization of elections of deputies to the local people's Council; test, urging the enforcement regulations of the law on election of deputies to the people's Council;

b) directs implementation of security protection, orderly, secure society in the election of deputies to local councils;

c) directs the work of information, advocacy and campaigning for election of deputies to local councils;

d) receive and consider the profile of people who held political, social-political organizations, social organizations, economic organization, the people's armed units, State agencies, local population groups introduced the candidate and those who apply Council people; send a list of citations and brief biography of the candidate and those who apply the people's Council to the Permanent Committee of the Fatherland Front Committee of the same level;

DD) to resolve the complaint, report on the work of election of deputies of the people's Council, the Election Committee election;

e) announced the electoral units, the list of units and the number of delegates elected for each electoral representation in local councils;

g) Receiving record and publish the list of candidates of people's Council delegates according to each electoral district; resolve complaints, recommendations regarding the establishment of the list;

h) Received electoral votes and delegates to the people's Council from the people's Committee at the same level and distribution for the Election Committee of twenty-five days before the election;

I) receive and examine the minutes determine the results of elections of deputies of the people's Council by the Election Committee is sent to; do the minutes of the election of deputies to local councils;

k) directing the additional election, election back people's Council as prescribed in articles 62, 63, 64 and 65 of this law;

l) announced the election results of people's Council;

m) The Council minutes of the election of deputies to the people's councils and the transfer of the records, documents about the election of deputies to the people's Council under the provisions of this law. "

5. Paragraph 1 article 17 be amended and supplemented as follows: "1. The slowest is forty five days before the election the people's Council, the people's Committee after its unification with the people's Council and the Standing Committee of the Fatherland Front Committee of the same level decided to establish in each election an Election Committee composed of representatives of State agencies , social-political organizations, social organizations. The electoral component, more representative local voters.

Election Committee delegates to provincial councils have from eleven to thirteen.

The Board of elections of deputies of the district level councils from nine to eleven people.

Election Committee delegates there township-level people's councils from seven to nine people.

The Election Committee consists of Chairman, Vice Chairman, the Secretary and the Commissioner. "

6. Article 18 is amended and supplemented as follows: "article 18 1. The nest election was established in each area to vote to make the work of the election of deputies to the people's Council and election of Deputies.

2. the founding election, duties and powers of the election was done according to the provisions of article 17 of the law on the election of Deputies. "

7. Article 22 is modified and supplemented as follows: "article 22 the Council elections off election duties to the people's Council after the Election Commission have the minutes of the general elections and records, documentary about elections at the session of the people's Council of the new key.

 The Election Committee for the election duty out delegates to the people's Council after the Election Commission submitted the minutes summarizing elections and records, documentary about elections at the session of the people's Council of the new key.

The Election Committee election, the foremost task for the election of deputies to the people's Assembly after the end of the Election Committee of the work of the Council of representatives election the people. "

8. Article 37 be amended and supplemented as follows: "article 37 electoral Conference in communes, wards and towns held by rural units, population groups due to the Permanent Committee of the Fatherland Front Committee in collaboration with the people's Council, the people's committees at the same level convened and chaired.

Meeting voters in State agencies, political organizations, social-political organizations, social organizations, economic organizations, business units by heads or head of the Organization, in coordination with the Executive Committee of the Union the same level convened and chaired. Meeting voters in armed units of the people's Congress of military personnel by unit commanders, leaders convening and chairing.

The recommended candidate, the candidate of the people's Council delegates, representing the Agency, organization, unit, locality, hamlet has the candidates are invited to attend this Conference.

At this Conference, the voters against the standards of the Council of people's representatives for comment, expressed confidence for the candidate, the candidate introduced by hands or secret ballot according to the decision of the Conference.

The minutes of the meeting of voters opinions about the candidates of people's Council must specify the composition, number of attendees, the happenings, the results of the Conference. The minutes of the meeting of voters opinions about the candidates level councils deputies would then submit to the Standing Committee of the Fatherland Front Committee that level to prepare for the third Consultative Conference.

The Commission of the National Assembly in collaboration with the Central Committee of the Vietnam Fatherland Front guide the electoral Conference work and residence. "

9. Article 44 be amended and supplemented as follows: "article 44 the Electoral Council directs the work of information, advocacy and campaigning in the election nationwide. The Election Commission directed the work of information, advocacy and campaigning in local elections. "

10. Article 48 was amended and supplemented as follows: "article 48 voting starting from seven o'clock to seven o'clock. Depending on the situation, the local elections could decide to start earlier but not before five a.m. or end later than but not exceeding ten hours a night.

Before the vote, the elections must check the chest in front of the votes of the voters. "

11. Article 54 be amended and supplemented as follows: "article 54 on election day, the vote must be conducted continuously. In case there are unexpected events interrupt the vote election it must immediately sealed papers and Ark of timely reports to the vote, the election Board know, and must take the necessary measures to a vote.

In case of special need on deferred vote or vote on early election rules it must promptly report the election Board to recommend the Election Committee election, the Review Board decision. "

12. Article 64 is amended and supplemented as follows: "article 64 Electoral Council cancel the election in constituencies have serious law violations as proposed by the Government and decide the election in that electoral district."

13. Article 70 is amended and supplemented as follows: "article 70 of twenty days before the election supplement-level councils of deputies are the people's Committee, the people's Council and the Standing Committee of the Fatherland Front Committee levels that establish additional Election Committee from three to five and the slowest is fifteen days before the election the add-on Sung, established in each electoral district an additional supplementary Election Committee from three to five people including representatives of State agencies, socio-political organizations, social organizations.

Additional Election Committee consists of the Chairman, the Secretary and the Commissioner.

Additional Election Committee consisting of Chairman, Secretary and Board member. "

14. Article 71 is modified and supplemented as follows: "article 71 is at the latest ten days before the election, the people's Committee of additional social establishment in each voting area an additional election from five to seven people including representatives of State agencies, socio-political organizations , social organization and local voters exercise.

The nest consists of additional election Chief, Deputy, Secretary and the Commissioner. "

Article 3 1. Replace the phrase "Election Committee" in articles 18, 19, 28, 31, 38, 40, 45, 49, 50, 69, 71, 72, 73, 75, 76 and 84 of the deputies election law by the phrase "the Election Commission deputies and deputies to the provincial people's Council".

Replace the phrase "the Presidium of the Central Committee of the Vietnam Fatherland Front" in article 39 and article 84 of the deputies election law by the phrase "Central Committee of Vietnam Fatherland Front".

2. Replace the word "election" in articles 12, 17, 21, 29, 31, 32, 36, 38, 40, 41, 43, 60, 62, 63, 66, 67 and 74 of the law on election of deputies to the people's Council by the phrase "Election Committee".

Article 4 1. This Act has effect from January 1, 2011.

2. The Commission of the National Assembly, the Government, the Central Committee of the Vietnam Fatherland Front detailing, guiding the implementation of the article, account assigned in law; Guide to the essential content of this law in order to meet the requirements of governance.


This law was the National Assembly of the Socialist Republic of Vietnam tags XII, session 8 through 11/24/2010.