Decree 19/2004/nd-Cp: Detailing The Implementation Of A Number Of Articles Of The Law On The Election Of Deputies To The People's Council In 2003

Original Language Title: Nghị định 19/2004/NĐ-CP: Quy định chi tiết thi hành một số điều của Luật Bầu cử đại biểu Hội đồng nhân dân năm 2003

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The DECREE detailing implementation of some articles of the law on the election of deputies to the people's Council in 2003 the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law of elections of deputies of the people's Council on 26 November 2003;
According to the recommendation of the Minister of the Interior, the DECREE chapter I GENERAL PROVISIONS article 1. Scope this guide details the implementation of some articles of the law on the election of deputies to the people's Council on 26 November 2003 (hereinafter the Law) about the number of deputies to the people's Council, electoral and voting area; the organizations in charge of the election; establishment of the list of voters; advocacy and campaigning for election; the electoral process and election results; more elections, elections and by-elections of deputies to the people's Council.
Article 2. The right to vote and the right to vote and the right to candidacy in article 2 of the law shall be as follows: citizens of the Socialist Republic of Vietnam, regardless of ethnicity, female, women, social components, beliefs, religion, cultural level, occupation, residence period: 1. Be 18 years of age have the right to vote the people's Council; except in the cases specified in article 25 of the law.
2. Twenty-one years of age, are eligible and the standard rules are the right candidates for deputies to the people's Council levels except in the cases specified in article 31 of the Act.
Article 3. How to calculate age to carry the right to vote and how to calculate the age of candidacy to carry voting rights and candidacy in article 2 of the law shall be as follows: 1. Age to carry voting rights and candidacy of the citizens are counted from the day, month, year of birth recorded in the birth certificate on election of deputies to the people's Council was the Committee of the National Assembly. The absence of a birth certificate shall be based on Hukou or identity Paper to computer age carry the right to vote, the nomination.
Each age is calculated from the rounded days, months, years (Gregorian) of years ago to the day, month and year of birth (Gregorian) of the following year.
2. in case of unknown date of birth then retrieved on 1st of the month of birth as a base to determine the age of voting rights and candidacy. The case does not determine the date and month of birth then retrieved January 1 of the year of birth as a base to determine the age of voting rights and candidacy.
Article 4. The Agency's responsibilities, the organization unit in the election the Government directed the ministries and people's committees oversee the levels of election according to article 5 of the law shall be as follows: 1. The Ministry of the Interior to help the Government instructions, check the deployment, the election of the people's Council , The people's Committee; sample release of vote, the voter card templates, template tag peoples Council deputies and forms of election staff.
2. The relevant ministries, agencies, institutions, the unit actively, proactively participate in the work of delegates elected people's councils in accordance with the law; election participants to coordinate, oversee the elections at the request of the competent State bodies and institutions in charge of the election.
3. the people's committees oversee the organization-level elections, the physical means of assurance for the election; preserving security and order, organization, against fire, explosion at the polling place, make sure to place elections democratic, legal, safety and savings.
4. The specialized agencies in the provincial people's Committee, central cities are responsible for the preparation and serving of elections according to the assignment of the Committee people.
The Department of the Interior is responsible for helping the people's committees, the central cities of tracking the progress of the election, general election results and statistics of quantity, quality, structure of the people's Council levels.
Article 5. Cost of service charge Glass election elections of deputies to the people's Council granted under article 8 of the law shall be as follows: 1. election of representatives funding councils due to the State budget guarantees.
2. The Ministry of finance in cooperation with the Ministry of the Interior plans to allocate budget serve the election process of the Prime decisions and guide the establishment of estimation, settlement funding, secured to the election funding is used properly the purpose, saving and effective.
Chapter II the NUMBER of DEPUTIES to the PEOPLE'S COUNCIL, ELECTORAL and VOTING AREAS of article 6. How to calculate the number of deputies to the people's Council levels calculation of the deputies of the people's Council granted under article 9 of the law shall be as follows: 1. The number of deputies to the people's Council of each administrative unit is calculated on the basis of the population of each unit as defined in article 9 of the law.
2. Grounds for computer representation of each people's Council is the local demographics have until 31 December of the year preceding the year of the election conducted by the Statistics Bureau of the province, the city of centrally provided.
Article 7. Determine the number of electoral divisions and determine the number of electoral constituencies in article 11 of the law shall be as follows: 1. the people's Committee issued pursuant to the provisions in article 11 of the Act and the specific local situation to determine the number of electoral divisions and electoral units list the people's Committee, supervisor approval; number of electoral divisions and electoral lists by the provincial-level people's committees of the province and the Government is determined to ratify.
2. Determining the electoral unit is made as follows: a) for the election of deputies to the provincial people's Council, the central cities (known collectively as the provincial level), the identified constituencies is the district, County, city, town in the province (district), the district or town;
b) for the election of deputies to the people's Council, the district electoral divisions were identified as communes, wards and towns (town), town, or village;
c) for the election of deputies to the Township people's Council election unit was identified as Hamlet, village, Hamlet, a, phum, care (referred to as Hamlet), Hamlet or locality, population groups;
d) where two constituencies established in an administrative district, town or in a rural, city-level people's committees, the election is responsible for determining the boundaries clear, logically between the constituencies for the election to be conducted smoothly.
Article 8. The number of deputies to be elected in each constituency of the deputies are elected in each constituency in article 10 of the law shall be as follows: 1. the people's Council levels elected by constituencies. Each electoral delegates elected councils not more than five delegates.
2. the people's committees of the levels based on the specific situation of the locality to determine the number of deputies to be elected in each constituency, but limit the number of units to be elected under the three deputies and the people's Committee approved by supervisor; the number of deputies to be elected in each provincial election by the provincial people's Committee and the designation of Government approval.
Article 9. The case of disabled candidates for reasons of force majeure to handicapped candidates for reasons of force majeure under article 42 of the law shall be as follows:

1. in case of disabled candidates for reasons of force majeure in an electoral unit is disabled case candidates after the list of candidates was announced by one or several candidates being prejudice to criminal, death or other reasons to delete or withdraw from the list of candidates , leading to the number of candidates in the electoral district no longer more of the deputies were elected in that unit for at least two people as prescribed in article 42 of the Act.
2. in case of disabled candidates for reasons of force majeure occurs before listing list of candidates two days or more, then the Electoral Council after comments with permanent Vietnam Fatherland Front Committee of the same level choose who has the highest credibility among the rest in the list the third consultative to added to the list list candidates.
3. in case of no selection is added to the list of candidates or candidates who defect cases for reasons of force majeure occurring after the time prescribed in clause 2 of this Thing, then the election-level people's Committee decision reducing the number of deputies to be elected in electoral candidates with disabilities, by reason of force majeure the people's Committee, supervisor approval; for the provincial electoral district, the provincial people's Committee process of Government approval.
Article 10. Delineate the area voted to delineate the area vote according to article 13 of the Act shall be as follows: 1. the people's Committee of the communes, wards and towns (hereinafter referred to as the social people's Committee) based on the geographical circumstances, population distribution and the ability of local organizations Regional Division, vote and the people's Committee approved the direct superior: a) Each voting area might be a hamlet, population groups or as Hamlet, population groups;
b) case by the number of voters, are divided into various population groups, rural areas vote, the social people's Committee clearly define the boundaries and notice to the voters get to know the area to vote.
2. Command of the people's armed units decide on the Division of the area to vote in their unit.
Chapter III the ORGANISATION in CHARGE of the ELECTION article 11. Establish the organizations in charge of elections and the establishment of institutions in charge of elections under article 16 of the Act shall be as follows: 1. After the National Assembly Committee on elections of Deputies designated the people's Council, the people's unity Committee comments to the people's Council and Standing Committee Vietnam Fatherland Front Committee of the same level the decision to establish the Council election, Election Committee, the election in accordance with the time limits specified by the law;
2. In the election of deputies to the people's Council, the Organization in charge of elections to be held as follows: a) the members of the Board of elections of deputies of the people's Council districts can be members of Election Committee delegates to provincial councils;
b) members of the Board of elections of deputies of the people's Council granted the commune could be Election Committee members Council delegate at district level;
c) delegates election Town Council mission of cum election and duties and powers stipulated in article 17, article 18 of the law in the case of electoral delegates Council granted only one township voting area.
Article 12. The responsibility of the Member organizations in charge of the election of members of the institutions in charge of elections must master the rules of the law on election of deputies to the people's Council; the guidance documents of the competent State bodies at Central and local levels.
In the process of implementing the functions and duties provided for in articles 16, 17 and 18 of the law on election of deputies to the people's Council, the electoral organization members are always public, objectivity, honesty with regard to the duties and powers assigned to it.
Article 13. Change or add member organizations in charge of the election cases held in charge of elections being alternates of members being disciplined, being prejudice to criminal, died or for other reasons, then the people Committee after its unification with the people's Council and the Standing Committee of the Fatherland Front Committee of the same level decided to change or add members the Organization in charge of the election.
Chapter IV article 14 VOTERS LISTED. Voters list the voters list Established under article 23 and 24 of the Act shall be as follows: 1. the people's committees and the Board of township-level unit commander (for people's armed units) established the list of voters voting by region is as follows: a) the old enough according to the provisions of the law are named on the list of voters to make the electoral rights in his place of residence, except in the cases specified in article 25 paragraph 1 and article 31 of the law on the election of deputies to the people's Council;
b) within the time limit set up the list of voters, who do not yet have permanent residence but has moved certificate of competent bodies in the old residence was listed on the list of voters in the new residence to participate in the election;
c) temporary absence from cases of residence to go to labor, or for other reasons, if the registration was staying from six months or more in new residence was listed on the list of local voters the new residence to exercise the right to vote;
d) temporary absence from cases where residents to visit relatives, travel, or for other reasons, the names on the electoral list where the registered permanent residence to exercise the right to vote;
DD) students, students, students will be staying in the household of professional schools, universities, colleges, professional schools and military personnel in the people's armed units are listed on the electoral list in the place of study, work or military to participate in the election of deputies to the provincial people's Council and district level;
e) military personnel have permanent residence in the locality (near where stationed) can be the head of the certification unit to record the names on the list of voters to participate in the vote to elect deputies to the people's Council in the place of residence.
Article 15. The time listed on the list of electors the time listed on the list of voters by 26 of the law shall be as follows: slowest is thirty-five days before the election, the people's Committee of the social level is listed on the list of electors at the headquarters of the people's Committee of social and public places in the area to vote; at the same time widely reported locations listed to the people know and check.
Chapter V advocacy, MOBILIZATION ELECTION article 16. Advocacy for election information, propaganda for the elections under 44 and 45 of the law shall be as follows: 1. The mass information bodies at Central and local responsibility, the propaganda about the election, the provisions of the electoral legislation, the preparation of elections of deputies to the people's Council; activities of the leader of the party, the State, the Fatherland Front in check, monitoring local elections and within the country; Cheerleader to voter participation of election of deputies to the people's Council.
2. the people's Committee of the level of information assurance for election; advocacy organisation, apparel for local elections under the direction of the Electoral Council.
Article 17. Campaigning for The election election campaigning under article 46 of the law shall be as follows: election campaigning of the candidates of the people's Council deputies active meet, exposure of the candidates with voters where the work, place of residence or through mass media to the candidacy of Deputies councils report to voters about expected action program to perform the responsibilities of the delegates if elected deputies to the people's Council.

Article 18. Election campaigning rule 1. The election of deputies in local people's Council would make the right electoral campaigning in the local scope.
2. The election campaigning was conducted openly, democracy, equality, the right to law, ensure the orderly, secure society and must end before the start of the twenty-four-hour voting.
3. The candidacy of Deputies Council was not taking advantage of election campaigning to propagate these views contrary to the Constitution, the law or harming the reputation, honour and the interests of the Organization, the other individual.
4. The candidacy of Deputies Council not use money, material and other means of State, collective and individual to entice, bribed voters.
5. Agencies, organizations, units and individuals are not taking advantage of election campaigning to raise money, physical media or calling for funding for the election campaigning.
Article 19. The forms of election advocacy content, forms of election advocacy content, under article 46 of the law shall be as follows: 1. The mobilization of election was conducted under the following form: a) meet, contact voters through voter contact Conference by the Standing Committee of the National Committee of the local-level organizations;
b) meet, contact voters in the Agency, organization, unit where the candidate works;
c) interviewed in the press, radio, local tv.
2. The content of election campaigning candidates include: a) the expected presentation of its activity program if elected deputies to the people's Council;
b) Exchange with voters the issues of mutual concern;
c) answered the questions asked of voters.
Article 20. The responsibilities of the Agency, held in election advocacy 1. The Electoral Council directs the work of electoral campaigning and resolve complaints, accusations of electoral campaigning locally.
2. the people's Council, the people's Committee in collaboration with the Standing Committee of the National Committee of the Conference level of exposure for the voters who elected deputies to the people's Council levels.
3. State bodies, economic institutions, social organizations, people's armed units granted in the scope of its powers, duties and create conditions for the candidacy of Deputies Council contact with voters in the Agency, organization, unit; ensure for the Organization of election campaigning is conducted openly, democracy, equality, the right law.
4. The organs of the press are responsible for bringing about the Conference Contact voters, the interview of the candidate representatives in local councils.
Article 21. Funding election campaigning funding election campaigning taken from funding source to serve delegates elected people's councils by State grants and funding to the Agency's regular activities, organization, unit has the Presidency of the Council of people's deputies.
Chapter VI the ELECTORAL PROCESS and the ELECTORAL RESULTS, Article 22. Election period the election period under article 48 of the law shall be as follows: voting started from seven hours to ten nine hours on the same day. Customize the specific 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 voters named in the list of voters to vote in the election that it can end the vote earlier than specified time.
Article 23. Polling places and polling location to vote (vote) to ensure the dignified, enough of the material means, conditions necessary for elections and convenient for voters to vote.
Article 24. Citizen voter card was named in the list of voters was the voter cards to make their election rights: 1. the voter Cards of citizens by the people's Committee Chairman granted the commune where the list of voters signed and stamped;
2. the voter Cards of military personnel in the people's armed units by unit commander signature and stamp.
Article 25. The special circumstances affecting The voting day interrupted, delayed or early voting polling day than under article 54 of the Act shall be as follows: 1. On election day, the vote must be conducted continuously. In case of unexpected events such as natural disasters, floods, fires or other unforeseen circumstances interrupt the vote election it must immediately sealed papers and Ark of timely reports to the vote, the election Board know, and held chest extra votes and make other necessary measures to a vote.
2. the provincial electoral Council Government reports to the Committee on the National Assembly to consider postponing the date to vote or to vote earlier than the date specified in the following cases: a) Postpone voting day in the electoral district because of the effects of natural disasters, hurricanes, or for other reasons could not proceed on to vote under the provisions of the law;
b) Organization to vote on early elections have been fixed for the electoral district have hard on the terrain, traffic and transportation.
Article 26. Situation report on election 1. The election Board shall report on the situation in the elections to the people's Council, the people's Committee, the Standing Committee Vietnam Fatherland Front Committee of the same level and the upper level directly; for the provincial level, the report up the Committee of the National Assembly, the Government and the Central Committee of the Vietnam Fatherland Front.
2. the people's Committee issued a report on the level of administrative agency directly about the situation, progress made in local elections work; for the provincial people's Committee, the Government reports.
3. The content of reports on the situation in the election include: a) the Opening Hours and the air on election day;
b) Of turnout and the vote progress of local voters;
c) security situation, order, social safety and the difficulties affecting the voter votes;
d) the problems arising should ask for guidance, instructions;
DD) preliminary results of the elections of deputies to local councils.
Article 27. Check out the votes and determine the election results tally and determine the results of elections under 55, 56, 57, 58, 59 and 60 of the Act shall be as follows: 1. election of the Nest to conduct vote-checking, record-setting tally and sealed the vote in accordance with the order prescribed in articles 55 , 56, 57, 58 and 59 of the Act, at the same time facilitating the journalists and representatives of agencies, organizations, the unit has the candidate who saw the tally;
Before opening the chest and conduct votes tally, the election to establish inventory record the use of the vote and the sealing of the votes does not use to to hand over to the people's Committee of social hosting, managed after the election ends;
A ballot was sent to the Board of elections, the people's Committee, the Standing Committee Vietnam Fatherland Front Committee of the communes, wards and towns.
2. the Election Committee examined the report on the election by ballot shifted to aggregate, to set up the minutes determine the results of elections in electoral units by themselves in charge of 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.
3. in only one election unit areas to vote, the Election Committee election set up a Nest of cum check out the votes and determine the election results to send to the Board of elections and the people's Council, the people's Committee and the Standing Committee Vietnam Fatherland Front Committee of the same level.
Article 28. The event of events disrupt the ballot

The event of events disrupt the ballot or could not proceed it was election ballot is sealed casket or checking vote votes, immediately report to the Board of elections, the Electoral Council to resolve under the provisions of the law.
Article 29. Of the election Of the election under article 66 of the law shall be as follows: 1. the election Board level up the minutes of the election results and annual report in local elections according to the provisions of article 66 of the law on the election of deputies to the people's Council;
The minutes of the elections at the district level, the social level are sent 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 elections at the provincial level are sent to the people's Council, the people's Committee, Vietnam Fatherland Front Committee of the same level and the Committee of the National Assembly, the Government, the Central Committee of the Vietnam Fatherland Front.
2. the people's Council, the people's Committee and the Standing Committee of Vietnam Fatherland Front levels the Conference summarized the work of elected representatives in local councils;
The report summarizing the work of the election of deputies to the people's Council level are sent to the people's Council, the people's Committee, Vietnam Fatherland Front Committee of the supervisor; for the provincial level shall submit to the Committee of the National Assembly, the Government, the Central Committee of the Vietnam Fatherland Front.
Article 30. Archive, records management, means after the end of the election-level people's committees responsible election archive, manage entire records, documents, seals of the institutions in charge of elections to grant themselves;
The people's Committee of social management, archive documents, the full tally of the vote of the people's Council level (including the vote to have been sealed), seal and chest by handing electoral votes according to the legal provisions.
Chapter VII MORE ELECTIONS, elections and BY-ELECTIONS of DEPUTIES COUNCIL article 31. The Organization in charge of elections in more elections, elections the elections more, election under articles 62, 63, 64 and 65 of the Act shall be as follows: 1. The organizations in charge of the vote in the first election continued on duty in more elections, election.
2. in case of electoral Nest or Hive members elections violated the election law or is not trusted by the people, the people Committee after its unification with the people's Council, the Standing Committee of Vietnam Fatherland Front the decision establishing new or additional voting members to perform tasks according to the provisions of the election law, deputies to the Council inhabitants.
Article 32. The Authority decided the additional elections of deputies to the people's Council granted The additional elections of deputies to the people's Council level as defined in articles 68, 69, 70, 71, 72, 73, 74 and 75 of the law.
Chapter VIII TERMS OF IMPLEMENTATION of Article 33. The Organization made the Ministry of Interior, in coordination with the ministries, ministerial agencies, government bodies and relevant organizations implement this Decree.
Article 34. Effective and responsible for enforcing this Decree takes effect after fifteen days from the date The report and replacing Decree No. 81/CP DATED 1 August 1994 from the Government detailing the implementation of the Council of Deputies election law (Amendment), 1994.
The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the people's Council, Chairman of the people's committees of provinces and cities under central authority responsible for the implementation of this Decree.

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