Law 20-Lct/hđnn8: Election Of Deputies To The People's Council

Original Language Title: Luật 20-LCT/HĐNN8: Bầu cử đại biểu Hội đồng nhân dân

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The ELECTORAL LAW of the PEOPLE'S COUNCIL To promote mastery of the people, expand Socialist democracy, strengthen the effect of the local State power;
Pursuant to article 7 and article 83 of the Constitution of the Socialist Republic of Vietnam;
The law regulating the election of deputies to the people's Council levels.
Chapter I GENERAL PROVISIONS article 1 The election of deputies to the people's Council 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 composition, religious beliefs, cultural level, occupation, residence, sufficient period of eighteen years of age have the right to vote and enough twenty-one years of age has the right to delegate candidates for people's councils in accordance with the law except for those lost and those who are the law or courts stripped that right.
The citizens are in the military have the right to vote and candidates have the right to do the people's Council.
Article 3 the Council of people's deputies must be loyal to the fatherland and socialism, have an understanding of governance, the economy, social understanding and mirrors the Executive law, still have the capacity to perform the duties of the deputies to the people's Council, whose decision to fight to protect the interests of the State , rights and legitimate interests of citizens.
Article 4 eligible citizens and standard rules in article 2 and article 3 of this law only elected delegates to the Council not more than two people; If you're as deputies, only elected deputies to the people's Council a level.
Article 5 voters have the right to dismiss the people's Council, if delegations which do not deserve the trust of the people.
Article 6 the right to introduce the candidacy representatives Council belong to social organizations, the collective of the voters at the grassroots, the people's army unit.
Vietnam Fatherland Front Committee locally accountable Consultative Conference held to introduce the list of candidates of people's Council and together with the Government to organize the elections.
Article 7 the State Council oversaw the election of deputies to the people's Council, guarantees for the conduct of democratic elections, the true law.
The Council of Ministers directed the people's committees oversee the levels of elections according to the law.
Article 8 funding of elections of deputies of the people's Council because of the State budget.
CHAPTER II the NUMBER of DEPUTIES to the PEOPLE'S COUNCIL, CONSTITUENCIES and POLLING AREAS article 9 Of the Council of people's deputies of each level are as follows: 1-people's Councils of communes, wards and towns: commune region had swept from three thousand people come down to twenty-five elected representatives , there are over three thousand people just add five hundred people are elected to add a quorum, but the total is not more than three of fifteen deputies.
Town and mountain towns and Islands are from a thousand people come down to twenty-five elected representatives, have on a thousand people just add two hundred people are elected to add a delegate, but in total not exceeding thirty-five delegates.
There were from five hundred people down fifteen elected delegates.
Ward has three thousand people come down was 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.
2-people's Councils of the district, County, town and city in the province: District of narrow and there from the seventy thousand people come down to thirty-five elected representatives, have over seventy thousand people just add eight thousand people are elected to add a quorum, but a total of not more than fifty representatives.
Mountain and Island District has from thirty thousand people come down to thirty-five elected representatives, have over thirty thousand people just add three thousand elected delegates, but more of a total of not more than fifty representatives.
The town is from thirty thousand people come down to thirty-five elected representatives, have over thirty thousand people keep adding five thousand elected delegates, but more of a total of not more than fifty representatives.
In the city there are seventy thousand people come down to thirty-five elected representatives, have over seventy thousand people just add ten thousand people are elected to add a quorum, but a total of not more than fifty representatives.
3-people's Councils of the province, the Central and municipal level: The narrow and central cities are from a million people come down to sixty elected delegates, there are over one million people will add twenty thousand people are elected to add a quorum, but the total number is not more than a hundred delegates.
The mountain from five hundred thousand people come down to sixty elected delegates, has over five hundred thousand people just add fifteen thousand people are elected to add a quorum, but the total number is not more than a hundred delegates.
The city of Hanoi, Ho Chi Minh City elected not to exceed one hundred and twenty delegates.
Vung Tau-con DAO special zone was elected fifty deputies.
Article 10 deputies to the people's councils are elected by electoral district. Each electoral delegates elected councils not more than three delegates.
Article 11 Of the electoral divisions of people's Council, the Central and municipal level, the list of units and the number of delegates per unit by the provincial people's Committee, the city of centrally determined level and must be approved by the Council of Ministers.
The number of electoral divisions of the people's Assembly Deputies on the other levels, the list of units and the number of delegates per unit due to the people's committees at the same level defined and must be people's Committee approved supervisor.
Article 12 list of the electoral people's Council level would have to be the people's level Committee announced, slowest is fifty days before election day.
Article 13 Each electoral district can be divided into multiple voting area; each voting area consists from five hundred to four thousand people.
For the commune had swept four thousand people under the domain, as well as for a wholesale, hamlets separated too far away in the mountains, Islands despite less than five hundred people can also establish a voting area.
Hospitals, sanatoriums, home, homes for the disabled have fifty or more voters can vote by private sector organizations.
Article 14 The divided region voted by the people's Committee of the communes, wards and towns assigned and must be people's Committee approved supervisor.
Article 15 The people's army unit organized a private voting area.
CHAPTER III of the COUNCIL elections, ELECTION COMMITTEE, the ELECTION article 16 The organisation in charge of the elections of deputies to the people's Council include: the Council election, election, election.
Article 17 the slowest is sixty days prior to the election of deputies to the people's Council granted the people's committees and the National Committee's level have a responsibility to establish the Electoral Council have from five to twenty-one people including representatives of social organizations and local voters exercise.
The Electoral Council elected Chair, Vice Chair and Secretary.

The list of the Electoral Council, central cities and equivalent to report up the State Council, the Council of Ministers and the Presidium of the Central Committee of the Fatherland Front. The list of the Electoral Council, the other to report level up people's Council at the same level, the people's Council, the people's Committee of the Fatherland Front Committee and supervisor.
The Electoral Council has the duty and authority as follows: 1-test, urging the enforcement of laws on elections of deputies of local councils;
2-review and resolve complaints about the work of the election of the Election Committee and the election;
3-receive resumes, receive and publish the list of candidates of deputies of the people's Council, review and resolve complaints about the list;
4-Get documentation and the electoral votes of the people's committees at the same level and distribution for the slow election for as twenty days before the election;
5-receive and examine the minutes of the election by the Election Committee, do record results in local elections;
6-election results announced;
7-transfer of the minutes of the elections for the people's Council, the people's Committee, the Fatherland Front Committee of the same level and the upper level directly; If is the election of deputies to the provincial people's Council, central cities and equivalent, then the transfer of the minutes of the elections for the people's Council, the people's Committee, the Fatherland Front Committee of the same level, simultaneously sending up the State Council, the Council of Ministers and the Central Committee of the Vietnam Fatherland Front; transfer of records documenting the elections for the people's committees at the same level.
Article 18 the slowest is forty days before the election-level councils of deputies are the people's committees and the National Committee's level is responsible for the establishment in each electoral district are election boards from five to fifteen people, composed of representatives of social organizations and local voters exercise.
Election Committee elected head, Deputy head and Secretary.
The Electoral Committee has the duty and authority as follows: 1-test, urging the Executive election election legislation properly;
2-check the created and listed on the list of voters;
3-receive the document and the electoral votes of the Electoral Council. Distribute documents and ballot for the election, the latest is ten days before the election;
4-test, urging the deployment of the vote and election work in all rooms;
5-review and resolve complaints on the work of the election;
6-receive, General and check the minutes count due to the election sent to, on the basis of that record-setting determines the election results in his constituency;
7-transfer thereon determine election results for the Board of elections and the people's Council, the people's Committee, the Fatherland Front Committee of the same level.
Article 19 at the latest thirty days before the election, the people's Committee and the Vietnam Fatherland Front Committee of the communes, wards and towns are responsible for the establishment in each voting area an election from five to nine persons including representatives of civil society organizations, local voters. In the case of only one election unit areas to vote, the election Board's election mission to cum.
The people's army units established in each area of his vote a vote consisting of delegates military personnel in the unit.
The nest, the vote and the Deputy Chief Secretary.
The nest election has the duties and powers are as follows: 1-in charge of the work in the area of electoral vote;
2-room layout vote and prepare the Ark of votes;
3-Play ballot markings of the election for the constituency;
4 to ensure the implementation of adjustment rules of vote;
5-check out the votes and do a check of the votes;
6-review and resolve complaints about election woes in the voting area;
7-transfer ballot thereon and all the electoral votes for the people's Committee of the communes, wards and towns; transfer of a ballot for the Election Committee and the National Committee of the communes, wards and towns.
Article 20 the Council elections, the Election Committee, the election was not campaigning for candidates.
CHAPTER IV article 21 VOTERS LIST when the list of voters, the citizens have the right to vote of the people's Assembly deputies are to be named on the list of voters in his place of residence.
Each voter was only named on a list of voters.
Article 22 of the list of voters by the people's Committee of the communes, wards and towns established by voting area.
Electoral list in the people's army unit by unit commanders established by each voting area.
Article 23 is at the latest thirty days before the election, the Agency established the electoral list is listed on that list in the people's commune Committee headquarters, Ward, and in public places of voting area; at the same time are widely informed that list and the listing to check people's electoral list.
Article 24 When checking the list of voters, if there are mistakes or omissions, then within twenty days from the date of listing, every person has the right to complain, report by paper or orally with the establishment of the list of voters. The Agency established the list of voters must log the complaint or report it. Within five days of receiving the complaint or report, the Agency established the electoral list is completed and inform the complainant or the person reporting knows the results.
If the complainant or reports do not agree on how to solve it, then have the right to appeal to the Court of the people of the district, County, town, city in the province. Within five days of receiving the complaint, the civil courts are resolved. The people's Court's decision is the final decision.
Article 25 from the published 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 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 the LIST of CANDIDATES the DEPUTIES COUNCIL Article 26 of twenty days from the date of publication of the electoral period, the Fatherland Front Committee in organizing local consultative conference to agree the rate of the number of candidates the Council issued to the voter at the grassroots collective social organizations, people's army units.
On the basis of the agreed rate, meeting the collective voters at the grassroots, social organizations and Conference levels, meeting voters in the communes, wards, town and the Conference of the people's army units conducting nominated candidates delegate Council.
At this Conference, the citizens have the right to apply or nominate others candidacy representatives Council. The candidate if the half of the members of the Conference approved, shall be recorded in the list of nominations of the Conference.
Based on the list of nominations of the aforementioned Conference, and the rate of allocation, the Fatherland Front Committee responsible local organisations Consultative Conference to the agreement established a list of candidates of people's Council and allocated under the constituency.
The nomination of deputies to local councils would have to be the residence or regular work locally.
The number of candidates in each electoral district must be more than the number of deputies to be elected in that unit to select voters elected when voting.
Article 27

The only candidate who was elected in an electoral unit and not join the elections provided for in chapter III of this law.
Article 28 the slowest is forty days before the election, Fatherland Front Committee locally must submit to the Council a list of election candidates peoples Council Deputies under the electoral unit and records include: 1-an application for the nomination of candidates;
2-paper of the local people's Committee certified the candidates who are qualified as defined in article 2 of this law;
3-a brief biography of those candidates.
When receiving the papers on the Electoral Council must grant the receipt.
The Electoral Council announced the list of candidates for each electoral district for at least thirty days before the election.
Article 29 within twenty days of the list of candidates the deputies Council was announced, the voter has the right to learn the U.S. sanctions and the activities of candidates, who see in the list there are mistakes or omissions shall have the right to complain, paper or oral reports to the Board of elections. The Electoral Council must log the report or the complaint or report it.
Within five days of receiving the complaint or report, the Electoral Council must resolve; the Electoral Council's decision is the final decision.
Article 30 Committee of the Vietnam Fatherland Front, the social organizations in the collective level, voters in the base and the military unit organized the contact between candidates and electors in accordance with the law has the right apparel for candidates.
The candidate must articulate its action programme before the voters, have the right apparel for themselves within the law.
CHAPTER VI section 1 ELECTION PROCESS ELECTION-TIME Article 31 the State Council determined on election of deputies to the people's Council.
The election must be determined on Sunday and announced the latest ninety days before the election.
In special cases may not conduct elections in accordance with the term of the people's Council, the State Council for review.
Article 32 within ten days before the election, the election must regularly inform the voters said on election day, polling places, voting time by all the local news media.
 
Section 2 Article 33 BALLOT vote proceed from seven to nineteen hours on the same day. Customize the local situation, the election could decide to start earlier and end later than specified, but not extend beyond twenty-two hours.
where there were 100% turnout of the election it may end the vote sooner.
Article 34 the only voters have the right to cast a vote and to vote, no thanks to the people who elected, not elected by sending mail, unless otherwise stated in Article 35 of this law.
Article 35 voters not written votes are then able to write. Written by households must ensure the secrecy of the vote of the voter and the voter must vote. If for the disabled not to vote, voters can ask who voted in chest.
Ailing, elderly voters, the disabled not to vote was then can offer to bring elections Nest chest extra votes and the vote to the seat in order to vote. In this case, the election could bring the Ark of extra votes to accommodation of voters to get the vote.
Article 36 When the voter written votes, no one to see, including electoral Nest staff.
If written, the voters have the right to recommend election changed Nest other votes.
37 things everyone should obey the rules of the vote. Nobody was propaganda for the candidate in the vote.
Article 38 When the time has run out to vote, if also some voters in the vote not to vote, then after the number of voters that voting is complete, the new election declared the end of the vote.
Article 39 on election day, the vote must proceed continuously. If there are unexpected circumstances interrupt the vote, it must immediately election integrity style papers and Ark and report to the Board votes election; at the same time must take the necessary measures to a vote.
Article 40 If special reasons need to postpone voting day, the Nest election must promptly report to the election Board know to suggest Electoral Council review.
 
CHAPTER VII section 1 ELECTION RESULTS the TALLY Thing the 41 votes must be conducted in the room voted shortly after the voting ended, the election must invite two voters is not something candidates saw the tally.
The candidate and the press, cinema, photography, television, radio was viewed tally.
Article 42 The following votes are invalid: 1-not vote according to the form prescribed by the election played out;
2-no sign of election;
3-Write the name of the candidate so elected representation.
Article 43 abstentions as votes in erasing the name of the candidate who has the record on the vote.
Article 44 when in doubt vote would be invalid votes or abstentions, the supervisor must make the whole electoral Nest the nest.
Article 45 The vote has named candidates along with the names of those candidates not still considered valid votes, the song does not mention the name of the person not the nomination.
The nest election not be delete or fix the name on the ballot.
Article 46 complaints on the spot on the ballot by election reception, resolve and record the settlement in the minutes. If the election doesn't fix the Nest, they must bring up the Election Committee to resolve.
Article 47 tally is complete, the election to set up the minutes stating:-the total number of voters of the voting area;
-Number of votes play out; number of votes on each;
-Number of registered voters to vote;
-The number of valid votes;
-The number of invalid votes;
-The number of abstentions;
-The number of votes cast for each candidate;
-Complaints received and resolved, the complaint has not been resolved.
The minutes do three a signatories of Secretary and two voters were invited to witness the slips; an Election Committee, sent a copy to send the people's Committee of the communes, wards and towns, a National Committee delivered the same level.
Item 2 ELECTION RESULTS in ELECTORAL UNIT 48 Thing after getting the minutes of the election, the Electoral Board to check the minutes and the minutes determine the results of elections in his constituency.
The minutes must specify:-the number of deputies to the people's Council assign to the electoral district;
-Number of candidates;
-The total number of voters in the electoral district;
-Number of votes play out; number of votes on each;
-Number of voters went to vote, the number of voters did not vote, the percentage of registered voters to vote compared to the total number of voters;
-The number of valid votes;
-The number of invalid votes;
-The number of abstentions;
-The number of votes cast for each candidate;
-The list of those elected;
-Complaints by election had been resolved;
-Complaints by election had been resolved; the complainant moved up the election Council resolution.
The minutes made four copies, signed by head of Department, Deputy Head of the Committee and the Secretariat; a send Board election, a people's Council sent, a sent people's Committee, a National Committee delivered the same level with the Board of elections. For the election of deputies to the people's Councils of communes, wards and towns, the report makes three copies.
Article 49

Candidates who are half-too valid votes and be more votes than the election. If more people vote, the Electoral Council peer review, decide who was elected at the suggestion of the same Fatherland Front Committee and of the Board of elections in electoral unit.
ITEM 3 the ELECTED or RE-ELECTED Article 50 in the first election, if the people elected have not sufficient two-thirds of the deputies have regulations for the electoral unit, the Election Committee must specify that point on the minutes and report immediately to the Board of elections to decide on more majority vote missing slow, fifteen days after the first election. In addition, voters choose only elected candidates list but not elected. If elected but not enough representation, then no organization elected to add the second.
Article 51 in electoral unit would, if the turnout is not yet too half the voters list, the Electoral Board to specify that in the minutes and report immediately to the Council to decide on the election day vote, the latest in the fifteen days following the first election day. In the election, voters choose only elected in the list of candidates.
Article 52 The elected or re-elected are still based on the electoral list was created in the first election, and according to the provisions of this Law have been thing.
Section 4 of the ELECTION Article 53 upon receipt of the minutes of the Board of elections and resolve complaints, if any, the Council elected the minutes of the election.
The Electoral Board to declare publicly the results of elections according to the content of the minutes summarizing the provisions of article 54 of this law is the latest:-In November, after the elections for the people's Councils of communes, wards and towns;
-Seven days, following the date of election for Council District of narrow, County, town and city in the province;
-Ten days, after the date of election for Council District of mountains, Islands, province, and city in central level;
-Ten years on, after the elections for the people's Councils of the mountains.
Article 54 report on the summary must specify:-the total number of deputies to the people's Council-designated level;
-Total number of candidates;
-The total number of voters;
-Number of votes play out; number of votes on each;
-Number of turnout, the number of voters did not vote, the percentage of registered voters to vote compared to the total number of voters;
-The number of valid votes;
-The number of invalid votes;
-The number of abstentions;
-The number of votes cast for each candidate;
-The list of those elected;
-The important things have happened and how to solve.
The minutes made six copies, signed by the Chairman, the Deputy Chairman and Secretary to the Board of elections; a people's Council sent, a sent people Committee, a Committee submitted a national-level elected people's councils; a people's Council sent, a sent people Committee, a National Committee sent the upper level directly; If is the election of deputies to the provincial people's Council, central cities and equivalent then a people's Council sent, a sent people Committee, a National Committee delivered the same level, a State Council sent, a sent the Council of Ministers , send a copy of the Central Committee of the Vietnam Fatherland Front. For the election of deputies to the people's Councils of communes, wards and towns, the report made five copies.
Article 55 the State Council decided to cancel the elections of deputies to the people's Council in the unit would have serious legal violations. The State Council determined the election back in the electoral delegate Council.
Article 56 in the time from the date of publication of results of elections to the first session of the Assembly of the people of the new key, if disabled delegates, the Board of elections and the same level with the people's Council took the highest number of votes among those who are half-too valid votes but not elected in electoral delegates were physically , to supplement.
CHAPTER VIII the ADDITIONAL ELECTIONS of DEPUTIES to the PEOPLE'S COUNCIL LEVEL 57 Thing during his term, the case of disabled people's Council could be held to elect statutory supplement.
The additional delegates elected people's councils conducted under the election specified in this law.
Additional election date must be announced at the latest thirty days before the election.
Article 58 the slowest is twenty days before the election supplement-level councils of deputies are the people's committees and the National Committee's level have a responsibility to establish additional election Council from three to five people to charge additional local elections , and at the latest within fifteen days before the election, established in each of the electoral divisions of supplementing an Election Committee from three to five people including representatives of the social organizations.
Additional election elected the Chairman and Secretary.
Additional Election Committee elected the Chairman and Secretary.
Article 59 the slowest is ten days before the election, the people's Committee of additional communes, wards and towns and the Fatherland Front Committee is responsible for the establishment in each voting area an additional election from five to seven people including representatives of civil society organizations at the grassroots.
The nest additional election elected supervisor, clerk and Deputy.
Article 60 the duties and powers of the Council additional legislative election, the Election Committee election, the supplement added, according to the regulations for the Board of elections, Election Committee, the election provided for in this law.
Article 61 electoral list led by the people's Committee of the communes, wards and towns and announced at the latest fifteen days before the election.
Article 62 national committees in localities to organize Consultative Conference to establish a list of candidates at the latest ten days before the election. Additional Election Board must publish that list the latest is seven days before the election.
CHAPTER IX the DISMISSED DEPUTIES to the PEOPLE'S COUNCIL LEVELS Article 63 according to level of mistake, the people's Council of Deputies may be dismissed or the people's Council brought to voters in the elected delegate's unit, according to the recommendations of the Permanent Council or of the Fatherland Front Committee of the same level.
Article 64 The dismissed a quorum Council or putting a peoples Council deputies out to long beach, voters must be at least two-thirds of the total number of deputies to the people's Council voted approval.
The people's Council to delegate dismissed the widely reported for people to know.
Article 65-level people's committees on the fixed directly on voters vote dismissed. If the dismissed deputies to the people's Council, central cities and equivalent levels, the Council of Ministers defines the voting day dismissed.
The day voters voted to dismiss must be published at the latest thirty days prior to the vote. Be held to the electorate vote dismissed by the Council of Ministers Regulation.
Article 66 must have half the total number of voters in the electoral vote dismissed the dismissed deputies to the new councils.
 
CHAPTER X the PROCESSING of ELECTION LAW VIOLATIONS to article 67 the person would have the following behaviors, the mild or severe depending on the extent to which being disciplined, administrative processing or prejudice criminal liability: a) deception, bribed or use other tricks to obstruct the implementation of the right to vote of citizens;

b) Has the responsibility to organize, supervise the election or dismissed that forged papers, ballot fraud or use other tricks to falsify the election results or the dismissed people's Council.
 
CHAPTER XI FINAL PROVISIONS Article 68 of this law to replace the law on election of deputies to the people's Assembly on December 26 in 1983.
The previous provisions contrary to this law are abrogated.
Article 69 of the Council of Ministers detailing the implementation of this law.
This law was the National Assembly of the Socialist Republic of Vietnam tags VIII, session 5 through June 30, 1989.
 
 

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