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The Law Of The Non-Voting Delegates Of The People's Council

Original Language Title: Luật Không số: Bầu cử đại biểu Hội đồng nhân dân

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The ELECTORAL LAW of the PEOPLE'S COUNCIL To use people's collective right in the building of State power Agency in the locality;
Pursuant to article 7 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 may be elected as deputies to the people's Council 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 may be elected as deputies to the people's Council.
Article 3 the Council of people's deputies must be loyal to the fatherland and socialism, has produced achievements, work or fighting, residents are enthusiastic, positive law observance, the policy of the State, in the form of living mirror, there are level and the capacity of the mission delegates and was trusted by the people.
Article 4 voters have the right to dismiss the people's Council, if delegations which do not deserve the trust of the people.
Article 5 Committee of the Vietnam Fatherland Front in local is responsible for introducing the list of candidates of people's Council and together with the Government to organize the elections.
Article 6 of the State Council to supervise the election of deputies to the people's Council, guarantees for the conduct of democratic elections, the true law.
Article 7 funding on organizing people's Council delegates due to the State budget.
 
CHAPTER II the NUMBER of DEPUTIES to the PEOPLE'S COUNCIL, CONSTITUENCIES and POLLING AREA in article 8 Of the Council of people's deputies of each level are as follows: 1-people's Councils of communes and wards.
Commune region swept two thousand people come down to twenty deputies elected; There are over two thousand people just add two hundred and fifty people were elected to add a quorum, but a total of no more than about forty delegates.
Town and mountain towns and Islands have from seven hundred people back down was elected twenty delegates; There are over seven hundred people just add two hundred people are elected to add a quorum, but a total of no more than about forty delegates.
There were three hundred people down fifteen elected delegates.
Ward two thousand people come down to twenty deputies elected; There are over two thousand people just add four hundred people was elected a delegate to the continental shelf, but the total number of no more than about forty delegates.
2-people's Councils of the district, County, town and city in the province.
Narrow district and the county from fifty thousand people come down to forty delegates elected; There are over fifty thousand people will add six thousand people are elected to add a quorum, but a total of no more than sixty deputies.
The mountain districts and Islands from twenty thousand people come down the forty elected representatives; There are over twenty thousand people just more two thousand five hundred people are elected to add a quorum, but a total of no more than sixty deputies.
The town is from twenty thousand people come down the forty elected representatives; There are over twenty thousand people just add four thousand inhabitants was elected a delegate, but in total not more than sixty deputies.
In the city there are sixty thousand people come down to fifty elected representatives; There are over sixty thousand people just add eight thousand people are elected to add a quorum, but a total of not more than seventy delegates.
3-people's Councils of the province, the Central and municipal level.
The region had swept from five hundred thousand people come down was elected to the seventy quorum; There are over five hundred thousand people just add thirty thousand inhabitants was elected a delegate, but in total not more than one hundred and twenty delegates.
The mountain from two hundred and fifty thousand people came down was elected to the seventy quorum; There are over two hundred and fifty thousand people just add fifteen thousand people are elected to add a quorum, but a total of not more than one hundred and twenty delegates.
The central cities have from five hundred thousand people come down was elected to the seventy quorum; There are over five hundred thousand people just add twenty thousand people are elected to add a quorum, but a total of not more than one hundred and twenty delegates.
The city of Hanoi and Ho Chi Minh City elected not to exceed a hundred and fifty deputies.
Vung Tau-con DAO special zone was elected fifty deputies. The State Council may decide to increase the number of deputies to the district people's Council when it deems necessary.
Article 9 for the local peoples lives alternately and industrial concentration, the Council of Ministers Regulation specific to the workers and peoples have adequate representation in the Council.
Article 10 deputies to the people's councils are elected by electoral district. Each unit elected to not more than three delegates; the Electoral Council workers communes, wards and towns can be elected representation more, but not more than five 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, central cities and equivalent assessments and recommendations 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 of the same level to determine and recommend the superior people's Committee approval directly.
Article 12 list of the electoral people's Council level would have to be granted her the people's Committee announced the latest is forty days before the election.
Article 13 Each electoral district can be divided into many areas, each area vote vote including from five hundred to four thousand people.
in the mountains, Islands, there are a wholesale, Hamlet, neighbors separated too far, though less than five hundred people can also establish a voting area.
Hospitals, sanatoriums, home, homes for the disabled have fifty or more election can organize a private voting area.
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 removal 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 forty days before the election-level councils of deputies would then people Committee granted him the table with Vietnam Fatherland Front Committee of the same level to establish the Electoral Council from five to twenty-one people including delegates Vietnam Fatherland Front and the political parties , the mass of the people in the locality.
The Electoral Council elected the Chairman, one or more Vice Presidents and one or more Secretaries.
The list of the Electoral Council, central cities and the level must be approved by the Council of Ministers. The list of the Electoral Council, other levels have to be people's Committee approved supervisor.
The Electoral Council has the following powers and duties:

1-test, urging the Electoral Law enforcement representatives in local councils;
2-review and resolve complaints on the work of the Election Committee and the election;
3-receive your candidacy, and is listed on the list of people to be introduced to the candidate; review and resolve complaints about the list;
4-Get documentation and the electoral votes of the people's committees at the same level and distributed to the Board of elections, the latest is ten days before the election;
5-receive and examine the minutes of the election by the Election Committee, do record results in local elections;
6-claimed the election results;
7-transfer to the people's committees at the same level the minutes of the election and the documentary records of the election.
Article 18 at the latest thirty days before the election-level councils of deputies would then people Committee granted him the table with Vietnam Fatherland Front Committee of the same level established in each electoral district a Election Board from five to fifteen people including the Vietnam Fatherland Front representatives and political parties , the mass of the people in the locality.
The Election Committee is elected head of the Board, one or more Vice Chairperson and one or more Secretaries.
The Electoral Committee has the duty and authority as follows: 1-test, urging the Executive voting rules elections;
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 seven days before the election;
4-test, urging the deployment of the vote and election work in the vote;
5-review and resolve complaints on the work of the election;
6-Receiving and inspection report on the election by the ballot sent, do record the election results in the unit to send up the Electoral Council.
Article 19 least twenty days before the election, the people's Committee of the communes, wards and towns with Vietnam Fatherland Front Committee of the same level in each area to vote a vote from five to eleven people including the Vietnam Fatherland Front representatives and unions in local people. In the case of only one election unit areas to vote, the Election Committee election Nest duty cum.
The people's army units established in each area of his vote a vote consisting of the representatives of the military personnel in the unit.
The nest election elected Chief, a Deputy and one or more Secretaries.
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-secure order in the vote;
5-check out the votes, to resolve complaints about the ballot and tally the election Board sent;
6-transfer documents and election tally the votes in elections for the people's Committee of the communes, wards and towns.
Article 20 The Agency and State employees, unions, social organizations, create favorable conditions for the Council elections, the Election Committee election, the duties and powers stipulated in this law.
Article 21 the Council election, Election Committee, the election was not campaigning for people who are introduced to the candidacy.
 
CHAPTER IV Article 22 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 listed on a list of voters.
Article 23 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 24 at the latest thirty days before the election, the Agency established the electoral list must list the Blackjack that in town 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 25 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 appeal, the oral report or paper with the establishment of the list of voters. The Agency established the list of voters must log the complaint or report it. Within three 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 the person who 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 three days of receiving the complaint, the civil courts are resolved. The people's Court's decision is the final decision.
Article 26 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 PEOPLE to BE INTRODUCED to the CANDIDATE nominated pursuant to article 27 of the collective labor of the people at the grassroots, of political parties, unions and other social organizations in localities, Vietnam Fatherland Front Committee conducts merchant agreement to set up the list of people to be introduced to the candidate , after extensive consultation of the people's collective labor, workplace and place of residence of the person to be introduced to the candidacy.
People are introduced to the candidacy of deputies to local councils would have to be the residence or regular work locally.
People are introduced to the candidate in each electoral district must be more than the number of deputies to be elected in that unit, so voters choose to vote when voting.
Article 28 the referral election candidate was listed only in one electoral unit and not join the organizations in charge of election rules in article 16 of this law.
Article 29 Slowly for twenty days before the election, the Vietnam Fatherland Front Committee locally must submit to the Electoral Council: 1-paper introduction the candidacy;
2-candidacy of the man who introduced the recording name, age, occupation, ethnicity, place of residence, where frequent and where election;
3-paper of the local people's Committee referral certification election is eligible to apply the provisions in article 2 of this law.
Upon receipt of the above papers, election Council to grant a receipt.
The Electoral Council established a list of people to be introduced to the candidate in each electoral district and announced that list at least twenty days before the election.
Article 30 within fifteen days from the date of publication of the list of people to be introduced to the candidate, who saw 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 complaint or report it. Within three days of receiving the complaint or report, the Electoral Council must resolve; the Electoral Council's decision is the final decision.
Article 31 Committee of the Vietnam Fatherland Front, the political party, the Union of the people, social organizations and all citizens, in accordance with the law, have the right apparel to introduce the candidate.

People are introduced to the candidate has the right apparel for themselves within the law.
 
CHAPTER VI section 1 ELECTION PROCESS ELECTION-TIME Article On 32 election must be determined on a Sunday or other holiday and announced at the latest within sixty days before the election.
Article 33 of the Council of Ministers defines election day provincial people Council, the Central and municipal level and to assign the time to conduct the election of the deputies to the people's councils on the other levels according to the term of the people's Council levels. Based on that, the provincial people's Committee, the central cities level determined on election of deputies to the District Councils, district, town, city, Ward, town, province and commune.
In special cases may not conduct elections in accordance with the term of the people's Council, the Ministerial Council report and proposal to the State Council for review.
Article 34 within ten days before the election, the election must regularly inform the voters said on election day, polling places and voting time by all the local news media.
 
Section 2 Article 35 BALLOT vote conducted from 7 hours to 19 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 22 hours.
where there were 100% turnout of the election it may end the vote sooner.
Article 36 only voters have the right to cast a vote and to vote, no thanks to the people who elected, not elected by sending letters, except for the cases stated in Article 37.
Article 37 voters not written votes are, it may be thanks to the households. 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 may suggest the nest election brought the Ark of the 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 38 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.
Article 39 everyone should obey the rules of the vote. Nobody was propaganda for the referral in election vote.
Article 40 when it was time 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 41 in the election day, the vote must proceed continuously. If there are unexpected circumstances interrupt the voting, election it must immediately seal the papers and Ark and report to the Board votes election; at the same time must take the necessary measures to a vote.
Article 42 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 43 votes must be conducted in the room voted shortly after the voting ended, the election must invite two voters is not the recommended candidacy in that witness the slips.
People are introduced to the candidate and the press, cinema, photography, television, radio was viewed tally.
Article 44 The following votes are invalid: 1-not vote according to the form prescribed by the broadcasting election;
2-no sign of election;
3-Write the name of the person who was introduced to the nomination too of the deputies are elected.
Article 45 abstentions as votes failed to name a person in the list who was introduced to the candidate or erasing the name of the person who was introduced to the candidate was scored on the vote.
Article 46 when in doubt vote would be invalid votes or abstentions, the supervisor must make the whole electoral Nest the nest.
Article 47 The vote names who are introduced to the nomination along with the names of those who were not introduced to the nomination is still considered valid votes, excluding the names of those who were not introduced to the candidacy.
The nest election not be delete or fix the name on the ballot.
Article 48 The 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 49 tally is complete, the election to set up the minutes stating:-the total number of voters of the voting area;
-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 person who was introduced to the candidate;
-Complaints received and resolved, the complaint has not been resolved.
The minutes made two copies signed by supervisor, clerk and two voters were invited to witness the vote. An Election Committee, sent a copy to send the people's Committee of the communes, wards and towns.
 
Item 2 ELECTION RESULTS in ELECTORAL UNIT, RE-ELECTED or ELECTED to ADD the 50 Things after receiving 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;
-People are introduced to the candidate;
-The total number of voters in the electoral district;
-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 person who was introduced to the candidate;
-The list of those elected;
-Complaints by election had been resolved;
-Complaints by the Electoral Board has resolved, the complainant moved up the election Council resolution.
The minutes made in two copies, signed by head of Department, Deputy Director and Secretary, a post election Council, a people's Committee sent the same level with the Board of elections.
Article 51 who was introduced to the nomination was valid votes and half too be more votes than the election. If there are many peer vote then the older person was elected.
ITEM 3 the ELECTED or RE-ELECTED Article 52 In the first election, if the people elected have not enough representation has rules 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 in the list of people to be introduced to the candidate but not elected. If that were not enough number of elected delegates, then no organization elected to add the second.
Article 53 in the electoral unit would, if the turnout is not yet too half the voters list, the Electoral Board must specify that point on 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. In the election, only voters choose elected in the list who was introduced to the early election.
Article 54 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 SUMMARIZES the ELECTION Article 55

After receiving the minutes of the Board of elections and resolve the complaint if it is, the Electoral Council made the minutes of the election.
The Electoral Council announced the results of elections:--three days after the election for the Council of the people's communes, wards, town, town;
-Five days after the date of elections for District Councils and city, County, region in the province;
-Seven days after the date of election for Council District of mountains, Islands, central cities, the narrow and Vung Tau-con DAO special zone;
-Nine days after the election day for the mountain people's Council.
Article 56 the minutes summarizing must specify:-the total number of deputies to the people's Council;
-The total number of people being introduced to the candidate;
-The total number of voters;
-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 list of those elected and the number of votes for each;
-The important things happened and resolve.
The minutes made in two copies, signed by the Chairman, the Deputy Chairman and Secretary to the Board of elections; a send-level people's Committee elected the people's Council, a people's Committee sent the direct superior. If is the election of deputies to the provincial people's Council, central cities and equivalent, then the minutes make three copies, one copy to send people Committee, a Council of Ministers and sent a copy to send to the State Council.
Article 57 the State Council decided to cancel the elections of deputies to the people's Councils would have serious legal violations. The Council of Ministers defines the election back to the people's Council.
 
CHAPTER VIII the ADDITIONAL ELECTIONS of DEPUTIES to the PEOPLE'S COUNCIL GRANTED Article 58 voting delegates supplement people's Council election under the conduct set forth in this law.
Additional election date must be announced at the latest thirty days before the election.
Article 59 least twenty days before the election supplement-level councils of deputies would then people Committee granted him the table with Vietnam Fatherland Front Committee of the same level 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 election an additional Election Committee from three to five people including the Vietnam Fatherland Front representatives and unions.
Additional election Council elected Chairman and a Secretary.
Additional Election Committee elected Chairman and a Secretary.
Article 60 at the latest ten days before the election, the people's Committee of additional communes, wards and towns with Vietnam Fatherland Front Committee of the same level established in each voting area a supplementary election from five to seven people including the Vietnam Fatherland Front representatives and unions at the grassroots people.
The nest additional election elected Chief, a Deputy and a Secretary.
Article 61 duties and powers of the Council by-elections, the Electoral Board and additional supplementary election according to the regulations for the Board of elections, the voting and the Electoral Committee says in this law.
Article 62 of the list of voters by the people's Committee of the communes, wards, town founded and published at the latest fifteen days before the election.
Article 63 of the list of those by the Vietnam Fatherland Front Committee in introducing local election must be established and published the latest is seven days before the election.
 
CHAPTER IX the DISMISSED DEPUTIES to the PEOPLE'S COUNCIL LEVELS Article 64 putting a peoples Council deputies out to voters dismissed due to the people's Council decided, at the suggestion of the Vietnam Fatherland Front Committee of the same level.
People Committee level on the fixed voting date to direct exemption. If the dismissed deputies to the people's Council, central cities and equivalent levels, the Council of Ministers defines the voting day dismissed.
Recall vote date must be announced at the latest thirty days prior to the vote.
65 things Slowly for the fifteen days prior to the vote dismissed people's Council granted the people's Committee granted him the table with Vietnam Fatherland Front Committee of the same level to establish the Organization dismissed from three to five people including the Vietnam Fatherland Front representatives and unions in local people to blame the Organization dismissed.
The organizers dismissed the elected Chairman and a Secretary.
Article 66 the slowest is ten days ago on the vote, the people's Committee of the communes, wards and towns with Vietnam Fatherland Front Committee of the same level in each voting area a task dismissed from three to five people including the Vietnam Fatherland Front representatives and unions of the people at the grassroots , to organize the vote and set the minutes count.
The task force dismissed the elected Chief and a Secretary.
Article 67 electoral list vote dismissed by the people's Committee of the communes, wards and towns established and announced in the Commission headquarters and polling areas slowly for ten days before the vote.
Article 68 minutes, check out the votes of the recall task done in two copies, signed by the Chief and Secretary; a sending organisation, a town Committee post, ward or equivalent.
Based on a tally of the TWU, the Board dismissed made thereon determine the polling results and declared the results dismissed.
The minutes of the Board dismissed two copies, signed by the prefect and Secretary; a people's Committee sent the same level, a-level people's committees sent on directly. If it is dismissed vote provincial people Council, the city in Central or equivalent then the minutes of the Committee dismissed as three copies, send a copy of the same level people's Committee, a Council of Ministers and sent a copy to send to the State Council.
Article 69 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 70 people would have the following behaviors, then customize the level of mild or severe that dealt with administratively or be prosecuted according to the law: a) Using deceptive tricks bought, forced others, or have other behaviors do impede elections , candidate and dismissed people's Council;
b) responsibility in the work of election or dismissed that forged papers, ballot fraud or use other tricks falsifying the election results or the dismissed people's Council.
 
CHAPTER XI FINAL PROVISIONS Article 71 of this law replaced the Ordinance regulating the electoral rules of the people's Council, dated 18 January 1961 and the Ordinance on 22 January 1981 amending and supplementing some provisions of the Ordinance, 1961. The other legal documents issued before this Law are left to the repeal.
Article 72 of Council of Ministers detailing the implementation of this law.
This law was the National Assembly of the Socialist Republic of Vietnam, the 6th session, adopted on December 26, 1983.