Ordinance 1/lct: Regarding The Election Of The People's Council Levels

Original Language Title: Pháp lệnh 1/LCT: Về việc Bầu cử Hội đồng nhân dân các cấp

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ORDINANCE on the ELECTION of the PEOPLE'S COUNCIL of the LEVELS based on the Constitution of the Democratic Republic of Vietnam;
To the people using the mastery of water home and built the organ of State power in the local committees of the National Assembly election rules regulating the people's Council levels as follows: chapter I GENERAL PRINCIPLES article 1 The election of deputies to the people's Council levels proceed under the principle of universal , equal, direct and secret ballot.
Article 2 citizens of the Democratic Republic of Vietnam, irrespective of ethnicity, race, gender, social composition, religion, property status, beliefs, cultural level, occupation, residence period, from 18 years of age have the right to vote and from 21 years of age has the right to run the people's Council levels.
Article 3 the citizens are in the military have the right to vote and the election of deputies to the people's Council granted under article 2 of this Ordinance.
Article 4 those courts or law disenfranchised, and those not having voting rights and candidacy of deputies to the people's Council.
Article 5 the funding of elections of deputies to the people's Council, granted by the State budget.
CHAPTER II article 6 VOTERS LIST At list of voters, the citizens have the right to vote of the people's Assembly deputies are to be listed on the electoral list in the residence.
Each voter was only named on a list of voters.
Article 7 of the list of voters by the Administrative Committee of the town, neighborhood, town, commune established by voting area.
The list of voters in the military units and the people's armed police by the Directorate military units and the people's armed police set up for each voting area.
Article 8 at the latest 30 days before the election, are listed on the voter list at the headquarters of the Administrative Committee of the town, neighborhood, town, commune or in public places of the area to vote. At the same time must inform the people know the listing which let people join check list.
Article 9 When checking the list of voters, if there are mistakes, shortcomings, then, within 20 days from the date of listing, the people have the right to complain or report by paper or orally to the agency roster. The Agency established the list of voters must record in a log book of things to complain and report. Within 3 days of receiving complaints and reports, the Agency established the list must resolve.
If the complainant or reports not yet agree on how to solve it, then have the right to appeal to the civil courts, district, town, city or neighborhood. Within 3 days of receiving the complaint, the aforementioned courts to settle; the people's Court's decision is the final decision.
Article 10 after the list of voters until election day, if voters would change the place of residence shall have the right to apply for certification of the Administrative Committee of the place of residence to be enrolled on the list of voters and abstentions a new residence. Upon certification, the Administrative Committee must keep right on to the electoral list next to the name of the person that voters: "go vote elsewhere".
CHAPTER III of the DEPUTIES to the PEOPLE'S COUNCIL LEVEL article 11-present regulations of the people's Council level as follows: 1. the commune councils and communes.
Towns and communes had swept from 2,000 domain demographics of electoral delegates 20 down; There are over 2000 demographics, then out of the 20 delegates for 2,000 first demographic, just add 200 demographics then elected a delegate, but in total not exceeding 35 delegates.
The town and the mountainous Township and island has 700 words or fewer election demographics 20 delegates, have on demographic, 700 out of 20 participants count for 700 first demographic, just add 150 to 200 demographics then elected more delegates, but the total number 1 not too 35 delegates.
The commune and the narrow and mountainous Township has over 6,000 demographics, you can elect to 40 delegates, but delegates of towns and communes are not more than the number of deputies to the people's Council, the upper level directly.
The communes under 300 demographics may elect under 20 delegates.
2. neighborhood councils.
From 20,000 neighborhood demographics come down 30 election of delegates; There are over 20,000 demographics, then out of the 30 delegates to 20,000 first demographic, just add 2,500 demographics then elected a delegate, but in total not more than 50 delegates.
3. The people's Council in the town.
The town is from 10,000 down election demographics by 30 delegates; There are over 10,000 demographics, then out of the 30 delegates for 10,000 first demographic, just add 1,500 demographics then elected a delegate, but in total not more than 50 delegates.
4. The people's Council and District Councils.
The district has narrow from 50,000 down 35 election demographics of delegates; There are over 50,000 demographics, then out of 35 deputies for 50,000 first demographic, just add 4,000 demographics, the elected delegates, but more generally to no more than a total of 50 delegates.
Asia and the mountainous district and Islands have from 10. 000 demographics back down 30 election of delegates; There are over 10,000 demographics, then out of the 30 delegates for 10,000 first demographics, more from 1,500 to 20,000 demographics then elected more delegates, but the total number 1 not more than 50 delegates.
5. the people's Council.
The region had swept from 250,000 demographics back down 50 election of delegates; There are over 250,000 demographics, then out of 50 delegates for 250,000 first demographics, more 20,000 demographics then elected a delegate, but in total not exceeding 120 delegates.
The mountain from 80,000 demographics come down to 50 election of delegates; There are over 80,000 demographics, then out of 50 participants for the first demographic 80,000, 10,000 more demographics, the elected delegates, but a total of 120 deputies not to be too.
6. the people of the City Council.
The city had 60,000 words back down voting demographics 50 delegates; There are over 60,000 demographics, then out of 50 delegates for 60,000 first demographic, just add 10,000 demographics then elected a delegate, but in total not exceeding 140 delegates.
7. The people's Council in the autonomous areas.
According to the autonomous region's population and ethnic situation in each place, from 2,000 to 10,000, then election demographics 1 delegates, but the total number was not too 150 delegates.
8. Hong Quang District Councils and area Vinh Linh.
The number of deputies to the people's Council Hong Quang area prescribed as for the cities.
The number of deputies to the people's Council areas Vinh Linh rules as for the sweep.
Article 12 with respect to the local ethnic minority live interspersed, have areas of industry focus or farm, let the minorities and workers have adequate representation in the people's Council, the Government can copy the magnet the aforementioned rate within the maximum specified.
CHAPTER IV ELECTORAL and POLLING AREA article 13 deputies to the people's Council levels elected by constituencies.
Electoral Council is rural town or neighbourhood.
Electoral delegates of the commune councils is the street or neighbourhood.
Electoral delegates to the people's Council is the district town or town (if there are foreign exchange market Township).
Electoral delegates neighborhood councils is the zone or zone.
Electoral delegates to District Councils, in Chau's town or commune.
Electoral delegates to the people's Council is the district, town and city (if there is a city in the province).
Electoral delegates of city councils are neighborhoods in the inner city and in suburban districts.

Electoral Council is autonomous region people's district or the district, and the town.
In the aforementioned units, units would be elected from 10 over, delegates may split into two or more electoral divisions.
Article 14 Of the electoral unit of the people's Council in the autonomous region, central cities and the centrally, the list of units and the number of delegates per unit by the Administrative Committee of the autonomous region, central cities and the centrally proposed Browse Government y. Unit Number Council elections the people of the province, autonomous region, district, city, province, town, neighborhood, town, commune, the list of units and the number of delegates per unit by the Administrative Committee at the same level, the Administrative Committee recommended superior browser y. Article 15 of the electoral district level councils of Deputies would have to be granted Administrative Committee then announced at the latest 40 days before the election.
Article 16 To the people going to vote is convenient, each electoral district can be divided into many areas, each voting area include from 500 to 2,500 demographics.
Especially in places like the mountains, Islands, etc. There is the countryside, neighbors separated, though of less than 500 people, demographics could also establish a voting area.
The hospital, the midwifery, health resorts, homes for the disabled have from 50 upward, then voters may hold the voting area.
Article 17 The regional split vote by the Administrative Committee of the town, neighborhood, town, and township Administrative Committee must be superior.
Article 18 army units and people's armed police will organize into a private voting area.
Chapter V the COUNCIL elections, the ELECTION COMMITTEE, the election, the COUNCIL OVERSAW the election, DELEGATES of the COMMUNE COUNCILS and The organization Article 19 TOWNSHIP in charge of elections of deputies to the people's Councils at each level include: the Council election, election, election.
Particularly for the election of deputies to the people's Councils of towns and communes, in addition to the aforementioned institutions, at the district level, district, provincial city, the town can establish the Council overseeing the elections of the deputies of the commune councils and communes to help and guide for the elections at the commune and civil conduct are good.
Article 20 the Council elections.
Latest 40 days before the election the people's Council, the Administrative Committee he established an Electoral Council composed of representatives of the political parties and unions in local, to: a) check and urge the electoral law enforcement representatives in local councils;
b) review and solve people's complaints about the work of the Election Committee and the election;
c) receiving candidacy, and is listed on the list of candidates, review and resolve complaints about the establishment of the list of candidates;
d) receiving the electoral votes of the Administrative Committee at the same level, for distribution to the Board of elections, the latest is ten days before the election;
DD) receiving and inspection report on the election by the Election Committee, do record results in local elections;
e) announced the election results;
g) transfer of the Administrative Committee at the same level the minutes of the election and the documentary records of the election.
The Electoral Council composed of from 7 to 21 people. The Council elects a Chairman, one or more Vice Presidents and one or more Secretaries.
List of the Board of elections in the autonomous region level, the central cities and the Municipal Government should be ratification.
The list of the Electoral Council, the other levels must be upper level Administrative Committee directly.
Article 21 the Board of elections.
Least 30 days before the election the people's Council, the Administrative Committee he set up in each constituency in an Election Committee composed of the representatives of political parties, unions, local people in order to: a) check and urging the election of true election law observance;
b) check up and listed on the list of voters;
c) receiving the electoral votes of the Electoral Council for distribution to the elections at the latest 7 days before the election;
d) test and urging the deployment of the vote;
DD) check the voting in the vote;
e) receiving and inspection report on the ballot because of the election, do record the election results in the unit to send up the Electoral Council.
The Election Committee consists of 5 to 15 people. The Electoral Committee elects a Chairperson, one or more of the Board and one or more Deputy Secretary.
Article 22 the nest election.
The latest is 20 days before the election, the Administration Committee in the town, neighborhood, town, commune established in each area to vote a vote consisting of representatives of the local people in the unions, to: a) in charge of the work in the area of electoral vote;
b) arranged in the room voted in chest and prepared to vote;
c) ballot markings of the election for the constituency;
d) ensure order in the Chamber to vote;
DD) check out the votes and do a check of the votes to send up the Election Committee;
e) transferred a check of the votes and all the votes for the Administration Committee in the town, neighborhood, town, commune.
The nest consists of voting from 5 to 11 people. The nest election elected a Chief, a Deputy and one or more Secretaries.
The units of the army and the people's armed police set up in each region to vote a vote consisting of from 5 to 9 of representatives of the military or of the people's armed police, the deadline established and mandated task on.
Article 23 the Council overseeing the elections of the deputies of the commune councils and communes.
Before the election of delegates of the commune councils and the Administrative Committee of the district, Township, city councils in the province, the town might formed the Council oversaw the election of deputies to the people's councils and town councils in the district, Township, city or town province consists of representatives of the political parties and unions in local people , to: a) the instructions and check the enforcement of election laws the people's Council in the Township and town;
b) receiving and inspection report on the election by the Electoral Council, commune and town sent up;
c) review and resolve complaints on the work of the Council of the town and commune elections.
The Council oversaw the election of deputies of the commune councils and communes including from 7 to 15 people. The Council elects a Chairman, one or more Vice Presidents and one or more Secretaries.
The list of the Council overseeing the elections of the deputies of the commune councils and communes should be Administrative Committee approved supervisor.
Article 24 the Council elections, the Election Committee, the election and the Council overseeing the elections of the deputies of the commune councils and communes are not election campaigning for the nomination. The organizations that run out of mission after the election ended.
CHAPTER VI article 25 every CANDIDATE has the election of the deputies to the people's Council, the political parties, the unions can separate people or associations to introduce the candidacy. Individuals have the right to election.
Article 26 each candidate write the name candidate in an electoral district.
Article 27 candidates Who were not involved in the Council elections, the Election Committee, the election and the Council overseeing the elections of the deputies of the commune councils and communes.
Article 28 the latest is 25 days before the election, political parties, the mass of the people introduced the election must be filed at the Board of elections: 1. A referral representative;
2. The certificate of eligible candidates nomination;

3. Candidacy of the man who introduced the recording name, age, occupation, ethnicity, address, where the election.
The latest is 25 days before the election, the election himself personally submit in the Council election application form and the certificate of eligible candidates.
When the candidacy, Electoral Council must grant the receipt.
Article 29 When filing the nomination expires, the Electoral Council must establish a list of candidates by electoral district and announced that list at least 20 days before the election.
Article 30 from the date of the list of candidates is published, anyone seen in the list to have mistakes, shortcomings, the complaint or report by paper or orally to the Board of elections, the Electoral Council to record complaints and reported him on a log book. Within 3 days of receiving complaints and reports, the Electoral Council must resolve; the Electoral Council's decision is the final decision.
Article 31 political parties, unions, as well as every citizen of Vietnam have the right, within the law, freedom of the neck by the gunman, conferences, newspapers and every other form to introduce the candidate.
Candidates have the right to liberty apparel for themselves within the law.
CHAPTER VII the ELECTORAL PROCESS ITEM 1 ELECTION DAY Article 32 the election of deputies to the people's Council conducted during the period from 2 months ago to 1 month after the people's Council the previous key term.
Article 33 election day is on Sunday or holidays, and must be determined and published at least 60 days before the election.
The Government determined on election of deputies in the autonomous district councils, the central cities and the centrally and assign time to conduct elections of deputies to the people's councils on the other levels.
Based on that, the Administrative Committee-autonomous area in North Vietnam determine the election of deputies of the province of the people's Council in the autonomous areas;
-The Administrative Committee of the autonomous region of Thai-fixed Cat on election of deputies of the people's Council, town, commune, commune in the autonomous region;
-Administrative Committee of central cities, the Administration Committee determined on election of deputies to the District Councils, provincial city, town, neighborhood, town, commune.
Article 34 exceptional cases cannot conduct elections within the time specified in article 32, the Government must report to the Standing Committee of the National Assembly and the recommendations of the National Assembly Committee review.
Article 35 within 15 days before the election, the election must regularly inform the voters said on election day, polling places and voting time by post, and by all means of local common.
Section 2 Article 36 BALLOT vote conducted from 7 am to 7 pm. Customize the local situation, the election could decide to start earlier and end later than specified, but not extend beyond 10 hours a night.
Article 37 the electorate must vote for yourself, not thanks to the elected, not elected by sending messages.
Each voter has only the right to cast a vote.
Article 38 voters don't know the word, or disability is not in self written votes are, it may be thanks to the households, but to vote; If for the disabled that not voting, voters can ask who voted in chest.
Voters are sick, old, disabled, not to vote, then can suggest the nest election brought the Ark of the votes and the vote to take place in order to vote. In this case, the election can be held extra votes to bring the Ark of voters to get the vote.
Article 39 At the voter written votes, no one was closer to watch, including electoral Nest staff.
Article 40 If written broken, voters can propose a modified for the electoral votes of the nest.
Article 41 Prohibits propaganda for the candidate in the vote.
Article 42 to secure the order for the vote, everyone must obey the rules of the vote.
43 things When the time has run out to vote but also to some voters in the vote not to vote, the need to give the number of voters that voted yes the end statement in the new vote.
Article 44 on election day, the vote must proceed continuously. If there are unexpected circumstances interrupt the voting, election it must immediately seal the papers and reports and votes for Ark Board election, and must overcome difficulties to continue the vote.
Article 45 If special reasons need to postpone voting day, it must promptly notify election Election Committee to review election proposal.
CHAPTER VIII section 1 ELECTION RESULTS TALLY the Article 46 of the vote counting and control must be in the room to vote. At tally, the election must invite two non-election voters something to witness.
The candidate or the person authorized on behalf of the candidate and the press, cinema, photography was to see the tally.
Article 47 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 candidate so elected representation.
Article 48 in the case of the vote have named one or more non-candidacy, then those names are not counted.
The nest election not be delete or fix the name on the ballot.
Article 49 when the suspect votes invalid, then Chief Election full launched Nest the nest.
Article 50 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 51 tally is complete, the election to set up the minutes in which:-the total number of voters;
-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;
-The complaint and settlement, the complaint has not been resolved.
The minutes made two copies signed by supervisor, clerk and two voters were invited to witness the ballot. A copy sent to the Board of elections, a Government Committee submitted to the town, neighborhood, town or village.
Item 2 ELECTION RESULTS in ELECTORAL UNIT;
RE-ELECTED or ELECTED to ADD Article 52 upon receiving report of the elections, the Election Committee to examine the minutes of that and determine the results of elections of the regional vote 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 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, the complaint by the Board of elections was resolved, the complainant moved up the upper level to solve.
The minutes made two copies signed by head of Department, Deputy Head of the Committee and the Secretariat. A send up of the Council elections, a send up of the Administrative Committee together with the Board of elections.
Article 53 candidates were too few valid votes and was then hit by more votes than the election; If there are many peer vote then the older person was elected.
Article 54

In the first election, if the people elected have not enough representation has rules, the Election Committee must specify this point in the minutes and report immediately to the Board of elections to decide the date to elect more of the missing, deputies slowly for no longer than 15 days after the first election. In addition, voters choose only elected among the candidates but were not elected.
Article 55 in each electoral district, if the number of votes not yet too half the voters list, the Electoral Board to specify this point in the minutes and report immediately to the Board of elections to decide the day re-elected, slow for no longer than 15 days after the first election. In the election, voters choose only elected among the candidates were out early.
Article 56 The re-elected or elected by electoral list still has to be sorted out first and elections must follow the things specified in this Ordinance.
CHAPTER IX of the ELECTION Article 57 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:-5 days after the date of elections for town councils, neighborhood, town and commune;
-7 days following election day for narrow District Councils;
-9 days after election day for the European Councils, the district, the region and swept the city;
-12 days after the election for provincial councils in the autonomous areas and in mountainous;
-20 days after the date of the elections for the autonomous region of the people's Council.
Article 58 minutes summarizing stating:-the total number of deputies to the people's Council;
-Total number of candidates;
-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 cast for each election;
-The important things have happened and how to solve.
The minutes made two copies are signed by the Chairman, the Vice-Chairman and the Secretary of the Board of elections; a send to the primary Administrative Committee elected people's councils; a send up of the Administrative Committee of the direct superior. If is the election of the deputies to the people's Council in the autonomous region, the central cities and the centrally, then send the minutes up government; If is the election of the delegates of the commune councils and communes shall in addition to the minutes submitted to the Administrative Committee the upper level directly, and must send a copy to the Council overseeing the elections of the deputies of the commune councils and communes.
After checking the minutes of the Council of the commune election, town and settle the complaint if there is, the Council oversaw the election of deputies to the people's Council of the commune and town make a comment sent to the Administrative Committee at the same level attached to the record.
Article 59 In the first session, the people's Council elections off the Board verifies the status of delegates.
Based on the report of the Committee to verify the status of Deputies, the people's Council decided to confirm the status of people's Council levels.
Article 60 National Assembly Committee decided to cancel the elections of deputies to the people's Council would have no serious legal things. The Government fixed the election date back to the people's Council.
CHAPTER X PENALTIES FOR THOSE who VIOLATE the RIGHT to FREE ELECTIONS and CANDIDATE Article 61 People would use deceptive tricks, bribed or forced to do the obstacles to the freedom of elections and the nomination of the citizens, then customize the level of light-heavy, which could be warned or punished in prison the heavy, for 2 years.
Article 62 employees in the Board election, election, elections, the Council oversaw the election of deputies to the people's Councils of towns and communes, and employees in government organizations guilty of forgery, fraudulent votes papers or use any other tricks for falsifying election results then, customize the level of light-heavy, which could be warned or punished in prison, the most severe is 3 years.
63 things everyone has rights and have obligations to report the unauthorized employment during the election. Anyone obstructing or revenge on the accusations, then customize the level of light-heavy, which could be warned or punished in prison, the most severe is 3 years.
CHAPTER XI FINAL PROVISIONS Article 64 of this Ordinance instead of Act No. 004-SLt on July 20, 1957.
                                                                              Hồ Chí Minh
                                                                                                                (Đã ký)

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