Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992 was amended and supplemented by resolution No. 51/2001/QH10 on 25 December 2001 of the Xth Congress, session 10;

The law regulating the election of deputies to the people's Council.

 

Chapter I GENERAL PROVISIONS article 1 The election of deputies to the people's Council was conducted under the principle of universal, equal, direct and secret ballot.

 

Article 2 citizens of the Socialist Republic of Vietnam, regardless of ethnicity, gender, social components, beliefs, religion, cultural level, occupation, residence, sufficient duration of eighteen years of age have the right to vote and enough twenty-one years of age have the right candidate for the people's Council under the provisions of the law.

 

Article 3 the Council of people's representatives have the following criteria: 1. Loyal to the fatherland of Socialist Vietnam, striving to make the land and construction, local development;

2. good moral quality, exemplary legal Executive, actively combating all manifestations of bureaucracy, bossy, authoritarianism, corruption, waste and violations of other laws, protect the interests of the State, the legitimate rights and interests of citizens;

3. Have the level and capacity make the task of the people's Council, capable of advocacy, family advocacy and policy, law; understanding the socio-economic situation to join decide what critical issues locally;

4. Close contact with people, listen to the opinions of the people, are the people of confidence;

5. conditions of participation in the activities of the people's Council.

 

Article 4 eligible citizens and standards specified in article 2 and article 3 of this law only elected delegates to the Council not more than two people; If is is the only deputies are elected representatives of the people's Council in a level.

 

Article 5 committees of the National Assembly to supervise the election of deputies to the people's Council, ensuring the democratic conduct of elections, the true law.

The Government directs people's committees oversee the levels prescribed by the electoral law.

 

Article 6 of the Central Committee of the Vietnam Fatherland Front guide Vietnam Fatherland Front Committee in organizing local consultative selection, introduction of delegate candidates, participated in the people's Council to supervise the election of deputies to the people's Council.

 

Article 7 National Assembly Committee determined and announced on election of deputies to the people's Council.

Election day is on Sunday, and published the latest is one hundred and five days before the election.

In special cases may not conduct elections in accordance with the term of the people's Council, the National Committee to review the decision.

 

Article 8 funding elections of deputies to the people's Council levels due to the State budget guarantees.

 

CHAPTER II the NUMBER of DEPUTIES to the PEOPLE'S COUNCIL, CONSTITUENCIES and POLLING AREAS article 9 Of the Council of people's deputies at each level are determined as follows: 1. the people's Councils of communes, wards and towns: a) communes swept four from the domain of thousands back down was elected twenty-five delegates four thousand people, then for another two thousand elected delegates, but more a total of no more than thirty-five delegates;

b) communes mountains and Islands are from three thousand people come down to the two thousand elected twenty-five delegates, has on three thousand people just add a thousand more who was elected a delegate, but in total not more than thirty-five delegates; communes have two thousand people come down to a thousand nineteen elected delegates; communes are under a thousand people was elected fifteen delegates;

c) Ward there from eight thousand people come down to the elected delegates, twenty-eight thousand people got on just four thousand people were elected to add a quorum, but a total of no more than thirty-five delegates;

2. District Councils, district, town, city in the province of: a narrow District and County) from eighty thousand people come down to thirty delegates elected, there are eighty thousand on just add ten thousand people was elected a delegate, but in total not more than forty representatives;

b) mountainous Districts and Islands from the forty thousand people came down the thirty elected delegates, has over forty thousand people keep adding five thousand elected delegates, but more of a total not exceeding forty delegates;

c) town from the seventy thousand people back down the thirty elected delegates, has over seventy thousand people just add ten thousand people are elected to add a quorum, but a total of no more than forty representatives;

d) provincial city there from a hundred thousand people come down to thirty delegates elected, there are over a hundred thousand people just add ten thousand people are elected to add a quorum, but a total of no more than forty representatives;

DD) for the district, the County, towns and cities in the provisions in points a, b, c and d of paragraph 2 of this Article if there is from thirty administrative units directly under or over was elected on forty representatives; specific amount due to the Commission of the National Assembly decided at the suggestion of the provincial people's Council, the central cities;

3. the people's Council, the central cities: a) swept provinces and central cities are from a million people come down to fifty elected representatives, there are over one million people just add fifty thousand people are elected to add a quorum, but a total of no more than eighty-five delegates;

b) mountainous Province have from five hundred thousand people go down fifty elected representatives, have on five hundred thousand people just add thirty thousand inhabitants was elected a delegate, but in total not more than eighty-five delegates;

c) capital Hanoi and the provinces, the central cities of the others on the three million people who elected not to exceed ninety-five delegates.

 

Article 10 deputies to the people's Council levels elected by constituencies. Each electoral delegates elected councils not more than five delegates.

 

Article 11 Of the electoral divisions of people's Council, the central cities (hereafter referred to as the provincial level), the list of units and the number of delegates to be elected by each unit by the provincial people's Committee determined and must be approved by the Government.

The number of delegates electoral district councils, district, town, city in the province (hereinafter referred to as the district level), communes, wards and towns (hereinafter referred to as the social level), the list of units and the number of delegates to be elected by each unit led by the people's committees at the same level defined and must be people's Committee approved supervisor.

 

Article 12 list of electoral delegates-level Councils would do her level people's committees addressed to the Council elections at the same level. The latest is fifty days before the election, the Electoral Council announced the list of the electoral divisions.

 

Article 13 Each constituency divided into many areas to vote. Each area has a vote from three hundred to four thousand voters.

in the mountains, Islands and places the focus despite not yet having reached three hundred voters also might formed a voting area.

The regional electoral vote split delegates to the people's Council levels due to the people's Committee of social assessments and to be the people's Committee of the supervisor approves.

People's armed units to establish private voting area.


Hospitals, sanatoriums, home, homes for the disabled 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.

 

Article 14 on the basis of the number of deputies to the people's Council was elected, after comments with Standing Committee Committee on Vietnam Fatherland Front and the people's committees at the same level, slowest is ninety days before the election: 1. the people's Council, the provincial district level expected structure composition, the number of deputies to the people's councils are elected by political organizations, social-political organizations, social organizations, economic organization, the people's armed units, State agencies and the level of administrative units, which ensure the proper number of delegates to people's councils are women; for local ethnic minorities need to ensure the proper number of delegates of the people's Council is the minorities;

2. the people's Council is expected the township level of the structure, composition, the number of deputies to the people's councils are elected by political organizations, social-political organizations, social organizations, economic organization, the people's armed units, State agencies in their levels and villages, Hamlet , a wholesale, phum, care (hereinafter collectively referred to as Hamlet), city, neighborhood, (hereinafter referred to as the city) on the area, which ensure proper number of delegates to people's councils are women; for local ethnic minorities need to ensure the proper number of delegates of the people's Council is the minority.

 

CHAPTER III the ORGANISATION in CHARGE of the ELECTION article 15 the institutions in charge of the elections of deputies to the people's Council is comprised of: 1. the election Board;

2. the Election Committee;

3. election of the Nest.

 

Article 16 1. Least ninety days prior to the election of deputies to the people's Assembly of the people's Committee, after the reunification with the people's Council and Standing Committee Vietnam Fatherland Front Committee of the same level to form the Electoral Council composed of representatives of people's Council The people's Committee, the Standing Committee, Committee of Vietnam Fatherland Front and the other organs of the State, political organization, social-political organizations.

The Council of representatives election provincial councils have from fifteen to twenty-one.

The Council of delegates elected at district level councils have from eleven to fifteen people.

The Council of representatives election the people's Council has issued from nine to eleven people.

The Electoral Council elected Chair, Vice Chair and Secretary.

List of provincial electoral Council must be reported up the Standing Committee of the National Assembly, the Government and the Central Committee of the Vietnam Fatherland Front. List of election districts and communes must be reported up the people's Council, the people's Committee and the Standing Committee the Committee level on Vietnam Fatherland Front directly.

2. the Electoral Council has the following powers and duties: a) directed the Organization of local elections; test, urging the enforcement of the provisions of the legislation on elections;

b) directs implementation of security protection, orderly, secure society in local elections;

c) directs the work of information, advocacy and campaigning in local elections;

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 candidates to the Permanent Committee of the Vietnam Fatherland Front the same level;

DD) to resolve the complaint, report on the work of the election, the Election Committee election;

e) announced the electoral units, the list of units and the number of delegates to be elected by each local election;

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 the document and vote 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 election results by the election Board sent to; do the minutes of the local elections;

k) directing the additional election, election again as defined in articles 62, 63, 64 and 65 of this law;

l) announced the election results;

m) The Council thereon of the elections and the transfer of the records, documents about the elections according to the provisions of this law.

 

Article 17 1. Least forty five days before the election the people's Council, the people's Committee after its unification with the people's Council and Standing Committee Vietnam Fatherland Front Committee of the same level decided to set up in each constituency in an election.

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 Electoral Board component composed of representatives of State agencies, political organizations, social-political organizations. the electoral component, more representative local voters.

Election Committee elected head, Deputy head and Secretary.

2. the election Board has the following powers and duties: a) check, urging the enforcement of the provisions of the law on the election of the election in the electoral district;

b) test, urging the establishment, listed on the electoral list and the listing list of candidates in the election in the electoral district;

c) test, urging the deployment of the vote and election work in the vote;

d) received the document and vote from election Council for distribution to the elections in the electoral unit is slow for fifteen days before the election;

DD) address the complaint, report on the work of the election and the election complaints, accusations, proposals on the election because the election moved to;

e) Receive, examine and report on the ballot due to the elections and send to; do the minutes determine the results of elections in electoral unit;

g) transfer memoranda identified records and election results, election documents as defined in Article 60 of this law;

h) held the additional elections, elections under the Electoral Council's decision.

 

Article 18 1. Least thirty days prior to the election of deputies to the people's Council, the people's Social Committee after the reunification with the people's Council and Standing Committee Vietnam Fatherland Front Committee of the same level decided to establish in each area to vote a vote from five to nine persons including representatives of social organizations and voters ' collective in the local.

The nest, the vote and the Deputy Chief Secretary.

In the case of only one election unit areas to vote, the election Board's election mission to cum.

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

2. election of the Nest has the following duties and powers: 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 and the vote has the stamp 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 the rules strictly vote;

e) resolve complaints, accusations about the work in the area of electoral vote;

g) check out the votes and do a check of the votes;

h) delivered a ballot, vote and other voting materials as specified in article 59 of this law.

 

Article 19 the institutions in charge of the elections and the members of this organization are not campaigning for candidates.

 

Article 20 the organizations in charge of elections working under collective mode; the meetings are conducted when there are at least two-thirds of the total number of participants. The decision was passed when half the total membership voting approval.

 

Article 21 Vietnam Fatherland Front Committee, State agencies, social-political organizations, social organizations, economic organization, the people's armed units of election officials and his staff participated in the work of the election at the request of the Board of elections, Election Committee, the election and in the function his mission, to create favorable conditions to help the institutions in charge of election duties and powers under the provisions of this law.

 

Article 22 the Council elections off the mission after 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, the election of most of the mission after the Electoral Council announced the election results.

 

CHAPTER IV Article 23 VOTERS LISTS during the establishment of the list of voters, the citizens have the right to vote the people's Council delegates were named on the list of voters.

Each voter was credited only on an electoral list his place of residence.

During the establishment of the list of voters who changed residence within a district-level administrative units was listed on a list of voters to elect deputies to the people's Councils at district level, the provincial level; change place of residence within a province-level administrative units was listed on a list of voters to elect deputies to the provincial people's Council.

Voters are students, students, students in professional schools, universities, colleges, professional schools, and voters are soldiers in the people's armed units was listed on a list of voters to elect deputies to the provincial people's Council and district level in shelter or stationed.

 

Article 24 of the list of voters by the people's Committee established by township-level voting area.

Electoral list in the people's armed unit by unit commanders established by voting area; military personnel have permanent residence in the locality shall be credited to the electoral list his place of residence.

 

Article 25 1. People are being disenfranchised by the judgment, the Court's decision has the effect of law, people are having to accept the criminal, who is under detention and who lost the capacity for civil acts shall not be enrolled on the list of voters.

2. In the cases specified in paragraph 1 of this article if, before the beginning of the twenty-four-hour vote which was restoring the right to vote, be freed or be competent authorities confirm no longer in a State of loss of capacity for civil acts shall be added to the voters lists and voter cards are played.

3. Who was named in the list of voters which began to vote were disenfranchised, courts must accept criminal detention, captured or lost the capacity for civil acts, the people's Committee of social delete it in the list of voters and voter card recovery.

 

Article 26 the slowest is thirty-five days before the election, the Agency established the list of voters listed on that list at the headquarters level people's committees and in public places of the area voted, at the same time widely reported electoral list and the listing to check people.

 

Article 27 When the voter checklist 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.

If the complainant does not agree on how to solve it then has the right to appeal to the civil courts at district level. Within five days of receiving the complaint, the civil courts are resolved. The people's Court's decision is the final decision.

 

Article 28 From when listed on the list of voters until election day, if voters would change the place of residence shall have the right to apply for the certificate of the people's Committee of the social place of residence to be enrolled on the electoral list and participate in the new residence. Upon certification, the people's Committee should write to the electoral list next to the name of the person: "go vote elsewhere".

Chapter V CONSULTATIVE and CANDIDACY, INTRODUCE the CANDIDACY REPRESENTATIVES COUNCIL section 1 CANDIDATE and CANDIDATE PROFILE Article 29 The recommended candidate and the candidate of the people's Council delegates must apply in the Council election where his candidacy is the latest sixty days before election day. The records include the following: 1. application form;

2. certified resumes of people's Committee of permanent place or social bodies, institutions, the unit where the person is employed;

3. A brief biography and three 6 cm x 4 cm size color images.

After receiving and considering the profile of the people themselves, who are the Agency, organization, Unit introduced the nomination, if found valid under the provisions of this law, the election Board moved a brief biography and list of candidates to the Permanent Committee of Vietnam Fatherland Front the same level.

 

Article 30 The candidate, who introduced the nomination of deputies to local councils would then have to be resident or working regularly in that locality.

The candidate and the person who introduced the only candidacy was credited candidate in an electoral district and not join the Election Committee election or in his unit;

 

Article 31 the following people are not candidates for deputies to the people's Assembly: 1. In the cases specified in paragraph 1 of article 25 of this Law;

2. The person who is being prosecuted on criminal charges;

3. People are to accept the sentence, the Criminal Court's decision;

4. Who has done Executive judgments, criminal decision of the Court but has not yet been deleted projects;

5. Who are the Executive decides to treat administrative violations regarding education in the communes, wards and towns, in educational institutions, the basis of healing or are under administrative probation.

Who was named in the list of candidates for deputies to the people's Assembly that the election began to be prosecuted on criminal, arrested as guilty handed or lost the capacity for civil acts shall the Council vote delete in the list of candidates of deputies of the people's Council and the announcements for the electorate to know.

 

Category 2 TRADE ASSOCIATION, INTRODUCED the CANDIDATES DELEGATE COUNCIL Article 32


The first Consultative Conference at each level by Standing Committee Vietnam Fatherland Front Committee of the same level of organization of the eighty-five days before the election. Components of the first Consultative Conference include permanent Vietnam Fatherland Front Committee, representatives of the leadership of the front's member organizations. The Council of representatives election, the people's Council, the people's committees at the same level are invited to attend this Conference.

The first Consultative Conference at the provincial level, district level deal on the structure, composition and number of the candidate, who recommended the nomination of a political organization, social-political organizations, social organizations, economic organization, the people's armed units, the same level of State agencies and political subdivisions.

The third Consultative Conference for the agreement on the structure, composition and number of the candidate, who recommended the nomination of a political organization, social-political organizations, social organizations, economic organization, the people's armed units, the same level of State agencies and the countryside , local population groups.

Minutes of Consultative Conference must specify the composition, number of attendees, the happenings, the results of the Conference. Minutes of Consultative Conference at the provincial level are submitted directly to the Committee of the National Assembly, the Government, the Central Committee of the Vietnam Fatherland Front and the people's Council, the Board of elections at the same level. Minutes of Consultative Conference at the district level, the social level is sent immediately to the people's Council, the people's Committee, Vietnam Fatherland Front Committee of the supervisor and the people's Council, the Board of elections at the same level.

 

Article 33 based on the results of the first consultative provisions of article 32 of this law, the latest is eighty days before the election: 1. the people's Council, the provincial district level adjust the structure, composition, the number of agencies, organizations, local unit introduced the nomination , the candidate-level councils of Deputies;

2. the people's Council social adjust of the structure, composition, the number of agencies, organizations, units, countryside, local population groups recommended candidate, the candidate-level councils of Deputies.

 

Article 34 on the basis of the results of the first consultative and tuning of the people's Council, based on the standards of the Council of people's representatives, the organs, organizations, units and rural locality, (both communes) been allocated the number of deputies to proceed to introduce the candidacy representatives Council. The introduction was conducted as follows: 1. political organizations executives, social-political organizations, social organizations of people his organization expected candidate for the people's Council, the organization took comments received by electoral Conference where people work. On the basis of the opinion of the voters, the leaders held extended Standing Committee meeting to discuss the Organization's people, the introduction of candidates for his people's Council;

2. State agency leadership, business units, economic organization in collaboration with the Executive Board of the Union expected the Agency to his Agency's candidacy, Council delegates held opinions of the review meeting voters where the person worked. On the basis of the opinion of the voters, the leadership conference agencies include the head of the unit, the Organization, the Executive Committee of the trade union leaders, representatives of the subdivisions to discuss, introduce people of his nominees agency representatives Council;

3. Leadership, Commander of the people's armed units who expected his unit's candidacy, Council delegates held opinions of the review meeting voters where the person worked. On the basis of the opinion of the voters, leaders, unit commander held the Conference leaders, the Commander of the unit, the Executive Board of the Union representatives (if any), representing military personnel and command of subordinate directly to the discussion, introduce the unit of candidates for his people's Council.

4. Ban front work in the countryside, the projected population groups of people of the locality, country candidate level councils of Deputies and in collaboration with the rural chiefs, Chief City electoral Conference for discussion, introduce the candidacy level councils of Deputies.

The introduction of the election of deputies in the township-level people's councils, rural population groups by the Government in collaboration with the Central Committee of the Vietnam Fatherland Front Guide.

 

Article 35 the Agency, organization, Unit introduced the candidacy of deputies to the people's Council minutes meeting voters where to work and the minutes of the meeting of the extended agency leadership, organization, unit about the discussion, introduce the candidacy of deputies to the people's Assembly Standing Committee Vietnam Fatherland Front Committee granted the Association Conference injured.

Front work Committee minutes meeting voters in the countryside, the locality of the discussion, introduce the candidacy of deputies to township-level people's Assembly Standing Committee Vietnam Fatherland Front Committee of the social level.

 

Article 36 the second Consultative Conference at each level by Standing Committee Vietnam Fatherland Front Committee of the same level of organization of the fifty-five days before the election. Composition and invited guests as the first Consultative Conference.

Consultative Conference based on the standards of the Council of people's deputies, structure, composition, number of participants and the recommended candidate, the candidate to make a list of preliminary candidates of deputies of the people's Council, submit voter opinions of residence for the candidate who are the Agency, organization, Unit introduced the candidate and voters opinions work (if any) of the candidate, who was Hamlet, population groups to introduce candidacy level councils of Deputies. The Organization shall be conducted according to the provisions of article 37 of this law.

Minutes of Consultative Conference must specify the composition, number of attendees, the happenings, the results of the Conference. Minutes of Consultative Conference at the provincial level are submitted directly to the Committee of the National Assembly, the Government, the Central Committee of the Vietnam Fatherland Front and the people's Council, the Board of elections at the same level. Minutes of Consultative Conference at the district level, the social level is sent immediately to the people's Council, the people's Committee, Vietnam Fatherland Front Committee of the supervisor and the people's Council, the Board of elections at the same level.

 

Article 37 electoral Conference in communes, wards and towns held by rural units, the locality due to permanent Vietnam 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 to the Committee's granting Vietnam Fatherland Front in preparation for the third Consultative Conference.

The Central Committee of the Vietnam Fatherland Front to coordinate with the Government guidelines, procedures for voter organizing the workplace and place of residence.

 

Article 38 the responsibility to verify and respond to the incident where voters raised with respect to the referral of candidacy, the candidate shall be as follows: 1. With respect to the incident in the workplace, the Agency, organization, unit directly manage candidates have the responsibility to verify and respond in writing to the Permanent Committee of the Vietnam Fatherland Front level Consultative Organization.

The case of the candidacy is the head of the Agency, organization, unit then the Agency, organization, unit supervisor has the responsibility to verify and respond. If the Agency, organization, unit does not have a management supervisor, then the competent authority a decision establishing the Agency, organization, unit that has the responsibility to verify and answer;

2. With regard to the incident in the settlement, the agencies, organizations, the Unit introduced the candidate to coordinate with the people's Committee of social verification and reply in writing to the Permanent Committee of the Vietnam Fatherland Front level Consultative Organization;

3. for the candidate-level councils of deputies are elected Council in collaboration with the Agency, organization, unit directly manage that person or people's Committee of social place that residence verification and reply in writing to the Permanent Committee of the Vietnam Fatherland Front level Consultative Organization;

4. The slowest is forty days before election day, the verification and answer about the incident that raised voters for the election provisions in this proceeding should be done.

 

Article 39 the third Consultative Conference at each level by Standing Committee Vietnam Fatherland Front Committee of the same level of organization of the thirty-five days before the election. Composition and invited guests as the first Consultative Conference.

Consultative Conference based on the standards of the Council of people's deputies, structure, composition and number of the candidate, the candidate introduced by the Agency, organization, unit and voter poll results to select, set up the official list of candidates of deputies of the people's Council.

Minutes of the third Consultative Conference must specify the composition, number of attendees, happenings and results of the Conference.

 

Section 3 LIST of CANDIDATES Article 40 at the latest thirty days before the election, the Permanent Committee of the Fatherland Front Committee of provincial Vietnam must send the minutes to the third Consultative Conference and the official list of candidates to the people's Council deputies Committee of the National Assembly The Government, the Central Committee of the Vietnam Fatherland Front and the people's Council, the Board of elections the same level; The Standing Committee of the Board of the national-level social, Vietnam must send the minutes to the third Consultative Conference and the official list of candidates of people's Council delegates to the people's Council, the people's Committee, Vietnam Fatherland Front Committee of the superior and people's Council The Electoral Council, the same level.

 

Article 41 the slowest is twenty-five days before the election, the Electoral Council announced the list of candidates for each electoral district.

Least twenty days before the election, the election is listed on the list of candidates as announced by the Electoral Council in the voting area.

 

Article 42 Of Council candidates the people in each electoral district must be more than the number of deputies to be elected in that unit for at least two people, unless disabled candidates for reasons of force majeure under the guidance of the Government.

 

Article 43 1. Since the date of publication of the list of candidates of deputies of the people's Council, the citizens have the right to complain, accusations about the candidates; complaints, petitions about the flaws in the preparation of the list of candidates to the Board of elections at that level. The Election Committee must be recorded in the log book and resolve complaints, accusations, proposals by the authority.

In the case of the complainant, the accused, the recommendations do not agree with the results of the election, the Board resolved complaint, petitions with the Electoral Council. The Electoral Council's decision is the final decision.

2. within ten days before the election, the Electoral Council, the Election Committee stopped the review, complaint resolution, report, recommendation about the candidates and the list of candidates. In case of complaints, accusations were clear, there is sufficient basis to conclude the candidate unqualified deputies to the people's Council, the Electoral Council decided to delete the names of the levels in the list of candidates before the election and notify the voters know.

3. Do not consider, resolve the complaint, report anonymously.

4. the Electoral Council moved the entire records of complaints, accusations and unresolved complaints, accusations have been resolved but litigants still not agree to the Permanent Council the same level of new courses to address according to the authority.

 

ITEM 4 ELECTION CAMPAIGNING, ADVOCACY Article 44 the Government of directing the work of information, advocacy and campaigning in the election nationwide. The Board of elections of deputies to the people's Council issued direction to the work of information, advocacy and campaigning in local elections.

 

Article 45 State agencies, political organizations, social-political organizations, social organizations, people's armed units, press agencies in the scope of the mission, his rights are responsible for propaganda on the election.

 

Article 46 people with the name in the list of candidates the deputies Council was announced to have the right to election campaigning through the meet, contact with voters or through the mass media under the provisions of the law to report with voters expected the implementation of the responsibilities of the delegates if elected deputies to the Council inhabitants.

The meet, contact voters by Standing Committee of Vietnam Fatherland Front organisation.

 

Article 47 The election campaigning was conducted of democracy, equality, the right to law, ensure the orderly, secure society and must end before the start of the twenty-four-hour voting.

CHAPTER VI Article 48 ELECTORAL PROCESS voting starting from seven o'clock to ten nine hours on the same day. Customize the local situation, the election may decide to start a vote earlier and end later than specified, but was not started before the end of the hour and twenty hours of the same day. Voting area would have had a hundred percent of the turnout in that election it can end the vote sooner.

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

 

Article 49


Each voter has the right to cast a vote for each level people's councils.

Voters have to vote yourself, not thanks to the others elected, except where the provisions of article 50 of this law; as the election must present the voter card.

 

Article 50 voters could vote then can people write households, but to vote. Written by households must ensure the secrecy of the vote of the electorate. If for the disabled not to vote, voters can ask others to vote on the Ark.

In case the ailing, elderly voters, the disabled are unable to vote are voting it sent holders extra votes and the vote to the Ark of the voter to the voter get the votes and elected.

 

Article 51 When the voter written votes, no one 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 the voter card.

 

52 things everyone should obey the rules of the vote; not be election advocacy in polling places.

 

Article 53 When voting time, if voters are also present in the room that have yet to vote up vote, only after the number of voters voting is complete, the new elections are declared finished voting.

 

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 know to suggest the election Agency has the authority to review the decision.

 

CHAPTER VII section 1 ELECTION RESULTS the TALLY Thing 55 The tally must be conducted in the room voted immediately after the voting ends.

Before opening the Ark of the votes, the elections are statistics, set the minutes, the sealing of the vote are not used to and must invite two voters is not something candidates saw the tally.

Candidates, representing the Agency, organization, unit, locality, hamlet has the candidate who has the right to witness the slips and complain about the ballot. The journalists are witnessing the tally.

 

Article 56 The following votes are invalid: 1. The vote is not a vote according to the form prescribed by the broadcasting election;

2. Slip the accented not of election;

3. The vote to people being elected too representation which constituencies are elected;

4. Slip the tiles erasing the name of the representative;

5. Slip the names of people in addition to the list of candidates, the votes have written more.

 

Article 57 If there are any suspected votes invalid, then Chief Electoral Nest to take out the entire Nest.

The nest election not tiles remove, or edit the names inscribed on the vote.

 

Article 58 complaints on the spot on the ballot by election reception, settlement and specify how to resolve on the minutes. If the nest election does not solve to solve election report.

 

Article 59 1. After the tally is completed, the election to set up a tally. Report on the ballot 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 resolved, the complainant moved to resolve the election.

2. check the votes thereon established three copies, signed by Chief, Deputy, Secretary and two election voters Nest was invited to witness the slips to submit to the Board of elections, the people's Committee, the Standing Committee Vietnam Fatherland Front Committee of the communes, wards and towns.

 

Item 2 ELECTION RESULTS in ELECTORAL UNIT Article 60 1. The Electoral Board to check the minutes of election tally and record-setting determines the election results in his constituency. Thereon determine election results must specify: a) the people's Assembly deputies are assigned to constituencies;

b) Of candidates;

c) the total number of voters of the constituencies;

d) number of voters participated in the vote, the percentage compared to the total number of voters;

DD) of the vote play out;

e) vote on;

g) of the votes invalid;

h) number of invalid votes;

I) the number of votes cast for each candidate;

k) list of those elected;

l) complaints by election had been resolved; the complaints by the Electoral Board to resolve; the complaints transmitted to the Electoral Council.

2. Minutes of determined election results was made, signed by head of the Board, Deputy Chairman and Secretary to the Board of elections to submit to the Board of elections, the people's Council, the people's Committee and the Standing Committee Vietnam Fatherland Front Committee of the same level.

 

Article 61 candidates were too few valid votes and be more votes than the election. In case more people are equal number of votes, the older person who is elected.

 

Section 3 VOTING and ELECTION of 62 Back In the first election, if the people elected have not sufficient two-thirds of the deputies were assigned to constituencies, the Election Committee must specify on the minutes determine election results and report immediately to the Board of elections decided on election more of a lack of quorum. The election must be conducted more slowly for the fifteen days following the first election day.

In the election, only voters choose elected in the list of those who had first candidacy but not elected. If that were not enough additional elections of deputies are not elected institutions more times Monday.

 

Article 63 in electoral unit would, if the turnout is not yet too half the voters list, the Electoral Board must specify on the minutes and report immediately to the Board of elections. The Electoral Council decided on election day, the latest in the fifteen days following the first election day.

In the election, only voters choose elected in the list of those who had first candidacy. If that number back election turnout has not been too half the voters list, the electoral organization does not back a second time.

 

Article 64 Committee on the National Assembly to cancel the election in constituencies have serious law violations as proposed by the Government and decide the election in that electoral district.

 

Article 65 the voter list of more election or election again based on the electoral list was created in the first election, and according to the provisions of this law.

Section 4 of the ELECTION Article 66 1. The elections Council check the minutes determine the results of elections of the Election Committee, to resolve the complaint and making the minutes of the election of deputies to the people's Council in its administrative unit. The minutes summarizing the election must specify: a) the total number of deputies to the people's Council-designated level;

b) the total number of candidates;

c) the number of constituencies, voting area;

d) total voters;

DD) number of voters participated in the vote, the percentage compared to the total number of voters;

e) of the vote play out;

g) number of votes on each;

h) number of valid votes;

I) of the votes invalid;

k) the number of votes cast for each candidate;

l) list of those elected;

m) complaints, accusations by the Electoral Council to resolve;

n) The important work that has to happen and how to solve.


2. The minutes of the elections was established six copies, signed by the President, the Vice President and the Secretary of the Electoral Council to submit to the people's Council, the people's Committee, Vietnam Fatherland Front Committee of the same level and the upper level directly. The minutes of the election of deputies of the people's Council was sent to the provincial people's Council, the people's Committee, Vietnam Fatherland Front Committee of the same level, the Standing Committee of the National Assembly, the Government, the Central Committee of the Vietnam Fatherland Front.

 

Article 67 the Electoral Council announced the results of the election: a) five days after election day for the election of deputies to the people's Councils of communes, wards and towns;

b) seven days after election day for the election of deputies to the people's Council District of narrow, district, town, city in the province;

c) ten days after election day for the election of deputies to the people's Council of the mountain and Island District, province, central cities; fifteen days for the mountainous province.

 

CHAPTER VIII the ADDITIONAL ELECTIONS of DEPUTIES of the PEOPLE'S COUNCIL Article 68 additional voting delegates in the people's Council is conducted in the following cases: 1. defective electoral delegates;

2. the new administrative divisions were merged, the administrative unit was divided into several new administrative units or administrative unit be changed to have the number of deputies to the people's Council is not sufficient under the rule of law.

The additional elections to be conducted only in case the number of deputies to the people's councils are no longer sufficient two-thirds of the total number of deputies to be determined and when the time of the people's Council term is still at least a third, excluding special cases according to the instructions of the Government.

Protocol additional elections of deputies of the people's Council under the provisions of this law and the provisions of relevant laws.

 

Article 69 the Standing Committee of the National Assembly decided the additional elections and announced the election of delegate additional provincial people's Council.

Permanent provincial people's Council to decide the election and announced additional election day delegate-level councils, social level.

Additional election day peoples Council deputies shall be published at the latest thirty days before the election.

 

Article 70 the slowest is twenty days before the election supplement-level councils of deputies are the people's Committee, the people's Council and Standing Committee Vietnam Fatherland Front Committee level he established additional election Council from three to five and the slowest is fifteen days before the election supplement , established in each of the electoral divisions of supplementing an additional Election Committee from three to five people including representatives of State agencies, political organizations, social-political organizations.

Additional election elected the Chairman and Secretary.

Additional Election Committee elected the Chairman and Secretary.

 

Article 71 the slowest is 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 social organizations and voters.

The nest additional election elected supervisor, clerk and Deputy.

 

Article 72 the institutions charge additional election duties and powers under the regulation of the duties and powers of the institutions in charge of the elections provided for in this law.

 

Article 73 electoral list led by the people's committees and township level listed the slowest is fifteen days before the election.

 

Article 74 the slowest is fifteen days before the election supplement-level councils of deputies are standing Committee Vietnam Fatherland Front Committee granted consultative conference's sequence, procedure by the Government in collaboration with the Central Committee of the Vietnam Fatherland Front to choose , introduction, make a list of candidates.

The list of candidates of deputies of the people's Council in the units physically delegates due to the additional election Council announced at the latest seven days before the election.

 

Article 75 complaints, accusations about additional electoral woes are settled according to the provisions of this law.

 

CHAPTER IX HANDLING VIOLATIONS of the ELECTION LAW Article 76 the user deception, fraud, bribed or forced the election, candidate for delegate to the people's Council of citizens; the person in charge of election Affairs that forged papers, the vote fraud or use other tricks falsified election results, depending on the nature and extent of the violation that severely disciplined, administrative processing or prejudice criminal liability.

 

Article 77 people have the right to denounce the illegal employment in Council elections.

Who obstruct or revenge on the person who denounced the depending on the nature and extent of the violation that severely disciplined, administrative processing or prejudice criminal liability.

 

CHAPTER X TERMS Enacted this Law 78 replace electoral laws the people's Council (modified) on June 21, 1994.

Article 79 the Standing Committee of the National Assembly, the Government, the Central Committee of Vietnam Fatherland Front guiding the implementation of this law.

This law was the National Assembly of the Socialist Republic of Vietnam tags XI, session 4 through November 26, 2003.