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Circular No. 01/2007/tt-Bnv: A Guide To Some Of The Content Of The Electoral Organization Xii Congress And Additional Election Of Delegates Of The People's Council Granted The Term 2004-2009

Original Language Title: Thông tư 01/2007/TT-BNV: Hướng dẫn một số nội dung về tổ chức bầu cử đại biểu Quốc hội khóa XII và bầu cử bổ sung đại biểu Hội đồng nhân dân các cấp nhiệm kỳ 2004 - 2009

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CIRCULAR guide some content about the electoral organization XII Congress and additional election of delegates of the people's Council granted the 2004 – 2009 term _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based deputies election law was revised in 1997, some additional articles by Act No. 31/2001/QH10 on 25 December 2001 of course Congress X , the tenth session;
Pursuant to the law of elections of deputies of the people's Council on 26 November 2003;
Pursuant resolution No. 1077/2008/NQ-UBTVQH11 01/29/2007 of the Commission of the National Assembly on the election date announced Congressman XII;
The base directive no. 02/2007/CT-TTg dated 31 January 2007 by the Prime Minister on organizing the elections of Deputies XII;
Pursuant to Decree No. 45/2003/ND-CP dated 9 May 2003 of the Government functions, tasks, powers and organizational structure of the Ministry of the Interior;
The Ministry of Interior instructed some content about the Organization of the elections of Deputies XII and additional elections of deputies to the people's Council granted the term 2004-2009 as follows.
I. The PURPOSE, REQUIREMENTS Of The ELECTION 1. The election of Deputies XII was held to choose the deputies elected, worthy of representing the will, aspirations and the mastery of the people throughout the country in the highest representative body of the people, the highest State power and contribute to build and improve the State of the Socialist Republic of Vietnam , by the people and for the people.
2. Through the election of Deputies, to raise awareness about the rights and obligations of citizens, guaranteeing every citizen to use and promote his mastery, selection, introduction and elect the delegates qualified enough in Germany, enough do deserve financial deputies XII.
3. Organization of the elections of Deputies supplementary election and XII Chemistry Council the people granted the term 2004-2009 sure democratic, lawful, safe, saving, is really on the society of the whole population.
4. The process of preparing, organizing elections and deputies and additional election of deputies to the people's Council level must ensure political stability, maintain order, social security. Timely criticism, spoil the expression take democracy, the handling of violations of electoral legislation, infringe the right to vote, the candidate of the citizens.
II. ORGANIZATION Of The ELECTIONS Of DEPUTIES 1. The organizations in charge of elections 1.1. Founded the Organization in charge of the elections: the base rules of electoral law, deputies in 1997 (amended and supplemented in 2001), the establishment of the local organizations in charge of the elections including the Election Commission, Election Board and vote in the correct component, the amount specified in the article 15 , 16 and 17 of the law on the election of Deputies.
The establishment of the Election Committee is conducting the latest is 95 days before election day, the latest news is on October 14, 2007 2.
After the establishment of the Election Commission, the people's Council of the province, central cities are responsible for immediately reporting to the Standing Committee of the National Assembly, the Electoral Council and the Government (through the Ministry of the Interior) of the list of Electoral Committee members attached to the phone number FAX numbers, address specific work of each Member.
The establishment of the Election Committee is to be conducted at the latest 60 days before the election, the latest news is on 21 March 2007.
Founding elections to be conducted at the latest 30 days before the election, the latest on April 20, 2007.
The Agency is responsible for establishing the Organization in charge of elections need to choose those with the political qualities, good morals, was confidence, knowing the law and have the experience to perform election to join the Election Committee, the Election Committee and the election. After its establishment, the Organization in charge of election must held holds the duties and powers of each of the organizations in charge of elections were deputies election law provisions; perform assigned responsibilities specific to the members in the preparation and organization of the elections.
 1.2. Change member organizations in charge of elections: in the case of the Organization in charge of elections being disabled members due to the discipline, being prejudice to criminal, died or for other reasons cannot continue to join the Organization in charge of the elections, the people's Council after the reunification with the people's Committee and the Standing Committee the Committee to face the battle Same country level decided the change or supplement member organizations in charge of elections if necessary.
2. Make a list of voters to the electoral list led by the people's committees of communes, wards and towns, Commander of the people's armed units done in each area to vote. To do well the work of this Committee, and township-level people's armed units needs to assign people with experience, a firm grasp of law participated in the work of establishing electoral list as defined in chapter IV of the law on the election of Deputies.
In the process of establishment of the list of voters, to note to the case is not the right to vote, be deprived of the right to vote or be restored the right to vote under the provisions of article 23 of the law on election of Deputies and resolution No. 1126/2007/NQ-UBTVQH11 on 29/01/2007 of the Commission of the National Assembly issued a "Guide to some points about the Organization of the elections of Deputies XII Congress ".
For cases of voters going to vote elsewhere, could not participate in what has been named to the list of voters under the provisions of article 27 of the law on the election of Deputies, the people's Committee of the communes, wards and towns or armed units command notes right on the list next to the name of the electorate "vote elsewhere" after it was granted the certificate for which voters went to vote elsewhere; avoid confusion leads to complaints, denunciations or a voter named in two electoral list in two different voting areas.
The list of voters must be listed in the people's Committee, the township-level public places at the latest 30 days before the election, the latest on April 20, 2007. In order to create favorable conditions for people to track, test, monitor a list of voters, depending on the specific situation in each locality, each voting area, can match the listing of meeting with voters list the voters introduced electoral list of each hamlet, population groups people's armed units.
3. On the regional division of the people's Committee vote communes, wards and towns based on population, voters and specific local conditions in order to divide the area to vote and the people's Committee of the district, County, town, city in the province.
In the split voting areas, limiting the maximum split too many areas to vote in an electoral district, make it difficult to steer, guide and oversee the Organization of elections.
4. The nomination and consultative selection, introduced the candidates The candidates for deputies and consultative selection, introduction of Deputies candidates according to the provisions in chapter V deputies election law and resolution No. 618/NQLT/UBTVQH-ĐCTUBTWMTTQVN on Jan. 24, 2007 between the Commission of the National Assembly and the Presidium of the Central Committee of the front for the nest Vietnam on the enactment of "consultative process, options, introduced the candidate Congressman".
5. Organized propaganda for the elections

 5.1. Organized propaganda, sweeping popularity in officers, public officials and people of tremendous political significance of elections for deputies and the mastery of the people through the selection, introduction and directly holding the election ballot who represent people in high State power Agency; widely popular among the people the law on the Organization of Congress, deputies election law (amendment, addition, 2001), the writing direction, the party's electoral guidelines, the State Commission of the National Assembly, the Electoral Council, the National Accounts Committee of the Vietnam Fatherland Front, the Prime Minister, Government and State agencies have the authority on electoral organization guide. Based on the specific situation of each locality, each place to organize forms, how the electoral propaganda.
 5.2. the people's committees of all levels directed the relevant authorities to conduct propaganda, agitation for the elections, the Organization made propaganda, campaigning under the election provisions of the Act. According to characteristics, the specific situation, the unit, and local authorities held to introduce the basic content of the Constitution, the law on the Organization of Congress, deputies election law and the election of the guides text bodies competent to holds, common sense , the importance of the elections, the rights and obligations of citizens in participating in elections of Deputies.
 5.3. The local organized the compilation of propaganda material in many forms to include information about the election to work with the people, the local electorate, particularly focused on these key areas, weak pulse, mountainous areas, border regions, Islands, remote areas and those inhabited by ethnic minority people.
 5.4. within 10 days before the election, the election must regularly inform the voters said on election day, polling places, voting time by the forms listed at the headquarters level to commune people's Committee, a public place, the voting area and through the mass media grant broadcasting system, communes and villages, population groups or the propagandist.
6. election day organization The opening and ending on election day deputies must be conducted properly specified time, starting at 7 a.m. on Sunday, May 20, 2007 and ended on 19 hours on the same day. Depending on the specific situation and the particularities of each locality, the election could decide to start earlier but not organized vote before 5 a.m. or end later than but not too 22 hours on Sunday 20 May 2007. However, noting the case has time to vote if the voter is also present in the room that have yet to vote up vote, only after the number of voters voting is complete, the new elections are declared finished voting.
In the vote, it should be noted that when voters vote is finished, the election must be stamped "voted" into the voter cards of voters have voted in order to avoid the occurrence of complaints, accusations the vote or advantage to vote multiple times.
On election day, the election of specific task assignment, the powers of individual members in the Organization of the elections. The process of implementing the mission, the crew members elected to wear badges of election and correct implementation, the task is assigned.
Special cases, voting area would need to defer voting on or voted sơm than on the election Board, after taking the opinion of the election in that constituency to report immediately to the Electoral Commission the Electoral Council to review the decision. The case of unexpected events interrupt the vote tally, the election it must immediately sealed Ark votes, documentation, relevant papers; implement preventive measures to a vote, the tally was continued, and the timeliness of reporting the election Board to have solutions.
The polling place must be decorated weights page, savings and convenience for voters to vote. The vote, the election made the listing of voter lists, the list and biographies of candidates, polling place rules and full layout tables, chairs, pens and other necessary supplies to create favorable conditions for voters to make the electoral rights as prescribed by law.
III. ORGANIZE ADDITIONAL VOTING DELEGATES to the PEOPLE'S COUNCIL GRANTED the TERM 2004-2009 1. Conditions for conducting additional elections of deputies of the people's Council Under the provisions of article 68 of the law on the election of deputies to the people's Council, the local elections Board delegate additional people to the level of the 2004-2009 term in Office for the remaining electoral delegates and alternates the new administrative unit split , merger or change administrative unit level has the number of deputies to the people's Council is not sufficient under the rule of law.
The additional elections to be conducted only in case the number of deputies to the people's councils are no longer sufficient two-thirds of the total number of deputies to be determined.
2. Protocol additional elections of deputies of the people's Council election practices complement people's Council under the provisions of the electoral law, deputies to the people's Council.
The text of the Standing Committee of the National Assembly, the Government, the Prime Minister and the Central Committee of the Vietnam Fatherland Front guide organizes the election of deputies to the people's Council granted the 2004 – 2009 term on 25 April 2004 to be applied in the election of delegate additional Council granted the 2004 – 2009 term.
Specifically about the consultative process, selection, introduction of delegate candidates in councils of Deputies supplementary election the people's Council made under the guidance of the Central Committee of the Vietnam Fatherland Front.
The local use of the form of election, election reporting form and seal of the elections of deputies to the people's Council granted the 2004 – 2009 term on 25 April 2004 supplementary elections for deputies to the people's Council levels.
3. The issues to note additional electoral organizations in representatives Council to conduct additional delegates elected people's Councils of the levels the same day election of Deputies XII, localities have additional electoral delegates Council to note the following issues : 3.1. In the provinces, central cities have held additional elected deputies to the provincial people's Council, the Standing Committee of the provincial people's National Assembly reviewed, resolved on the additional election Council delegates the same day election of Deputies.
 3.2. In the districts have held additional elected deputies to the people's Councils at district level, the social level, the people's Council granted the review, the decision on election of Deputies supplement the same Councils election day deputies in accordance with the provisions of the law on the election of deputies to the people's Council.
 3.3. specific case, the institutions in charge of the elections of deputies in local XII can part-time work of the Organization in charge of additional delegates elected Council as established Election Commission deputies and supplementary elections XII Council 2004-2009 term people to unify general direction; The nest general duty election made election woes deputies and additional elections of deputies of the people's Council.

 3.4. The local room layout general election voting deputies and additional elections of deputies of the people's Council. Particularly for electoral votes is needed to prepare the electoral votes of Deputies Council electoral votes coloring other deputies XII. Prepare separate votes for the election of the Ark deputies and elections of Deputies and additional elections of deputies of the people's Council. On each chest votes stating: "Ark of electoral vote deputies XII", "Ark of the additional electoral votes of Deputies Council".
 3.5. At each polling place for the election of Deputies and additional elections of deputies of the people's Council, the election needs to assign responsibility, specific instructions how to vote for voters to avoid removing the wrong electoral votes into the Ark.
IV. The DIRECTION The Election, REPORTING INFORMATION MODE, PREPARE TECHNICAL-PHYSICAL CONDITIONS And Of The ELECTION 1. Oversee the direction election of 1.1. Implementation of Directive No. 2/CT-TTg dated 31 January 2007 of the Prime Minister, the Chief of Department of the Interior to help the Government, the Prime Minister in leading the Organization, deployment guides, test and urge the election of Deputies and additional elections of deputies to the people's Council.
 1.2. the people's committees of all levels to perform steer, oversee the Organization in local elections under the guidance of the Standing Committee of the National Assembly, the Electoral Council, the Government, the Prime Minister and the Organization in charge of local elections; work closely with the people's Council, the Standing Committee of the Committee of Vietnam Fatherland Front the same level in the process of preparing, organizing the elections.
2. information 2.1 report mode. The people's Committee of the levels made regular reporting according to the progress of the situation to prepare, implement and oversee the Organization of elections up people's Committee issued on directly.
 2.2. the people's committees of provinces and cities under central Government and ministries, ministerial agencies, government agencies to seriously implement the mode of information reported to the Prime Minister (through the Ministry of the Interior and the Office of the Government) according to the progress of each stage of the election in accordance with the spirit of the Prime Directive on organizing the elections of Deputies XII.
3. Prepare the material-technical conditions for election funding served to Congress delegates election XII and additional elections of deputies to the people's Council in the 2004-2009 term level due to the State budget guarantees. To practice thrift and fight waste, people's committees of all levels and institutions in charge of elections should make use of the material-technical means the extra service before elections for the election of Deputies XII and additional elections of deputies to the people's Council granted this time.
The Department of the Interior of the province, the central cities in cooperation with the Department of finance staff help people's Council and the provincial people's Committee on preparing and ensuring funding for congressional elections and election funding supplement people's Council level (if any) in local ensure the election funding is used properly the purpose, efficiency and save in accordance with the instructions of the Ministry of finance.
4. Summarizing the work of The election of the election work has important implications in order to evaluate the whole process of preparing, implementing and organizing elections, withdrawal experience in direction, guidance and organization of the elections. So, to sum up the work of elections should be prepared, conducted serious, practical and effective.
Provincial people's Committee, Zhang central cities are responsible for cooperation with the people's Council, the Standing Committee of the Committee of Vietnam Fatherland Front the same level held the summarizing, evaluating the election results to deputies and additional elections of deputies to the people's Councils at local levels (for the local electoral supplement).
The report summarizing the work of the election submitted on the Electoral Council, the National Assembly Standing Committee, the Central Committee of the Vietnam Fatherland Front and the Government (through the Ministry of the Interior and the Office of the Government) to sum up the general election results and conduct of the elections within the country.
V. IMPLEMENTATION 1. This circular has the effect after 15 days from the date The report.
2. The Chairman of the provincial people's Committee, the central cities is responsible for organizing the implementation of this circular. In the process, if any problems arise or have difficulties and obstacles, the province, the central cities in need of timely reflection of the Interior Ministry and the Agency directed the central election guide, the study addressed./.