Tiếng Việt| THE STANDING COMMITTEE OF NATIONAL ASSEMBLY | SOCIALIST REPUBLIC OF VIET NAM |
| No: No number | Hanoi, June 21, 1994 |
ON ELECTION OF THE MEMBERS OF THE PEOPLE'S COUNCIL
(Amended)
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, this Law shall provide for the election of the members of the People's Council.
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The Government shall direct the People's Committee at all levels to carry out the election in accordance with law.
The election day must be a Sunday and must be announced at least 90 days in advance.
In special cases when it is impossible to hold the election in accordance with the term of the People's Council, the Standing Committee of the National Assembly shall consider and make decision.
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Article 9.- The number of members of the People's Council at each level is determined as follows:
1. The People's Council at communes, urban wards and townships:
A low-land commune or township with a population of three thousand or below shall elect nineteen members; for every one thousand and five hundred people above three thousand, one additional member shall be elected, but the total number shall not exceed twenty five;
A mountainous and island commune or township with a population of two thousand or below shall elect nineteen members; for every five hundred people above two thousand, one additional member shall be elected, but the total number shall not exceed twenty five;
A commune with a population of one thousand or below shall elect fifteen members;
An urban ward with a population of five thousand or below shall elect nineteen members; for every three thousand people above five thousand, one additional member shall be elected, but the total number shall not exceed twenty five.
2. The People’s Council at districts, provincial towns and provincial cities:
A low-land or urban district with a population of eighty thousand or be low shall elect twenty-five members; for every eight thousand people above eighty thousand, one additional member shall be elected, but the total number shall not exceed thirty five.
A mountainous or island district with a population of forty thousand or below shall elect twenty-five members; for every four thousand people above forty thousand, one additional member shall be elected, but the total number shall not exceed thirty five;
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A provincial city with a population of eighty thousand or below shall elect twenty-five members; for every ten thousand people above eighty thousand, one additional member shall be elected, but the total number shall not exceed thirty five.
3. The People's Council at provinces and cities directly under the Central Government:
A low-land province or a city directly under the Central Government with a population of one million or below shall elect forty-five members; for every forty thousand people above one million, one additional member shall be elected, but the total number shall not exceed seventy five;
A mountainous province with a population of five hundred thousand or below shall elect forty-five members; for every twenty thousand people above five hundred thousand, one additional member shall be elected, but the total number shall not exceed seventy five;
Hanoi, Ho Chi Minh City and provinces with more than two and a half million population shall elect not more than eighty-five members.
The number of electoral units in the election of the People's Councils at the other administrative areas, and the list of electoral units and the number of candidates in each unit shall be decided by the People's Committees of the corresponding level and approved by the People's Committees at the immediate higher level.
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In mountainous and island area and in areas where the population lives in scattered places, a polling station can be set up even through the population is below three hundred.
A hospital, sanitarium, maternity house or a nursing home for handicapped people with fifty voters or above can set up a separate polling station.
The designation of polling stations for election to the People's Council at all levels shall be made by the People's Committees at commune, urban ward and township, and approved by the People's Committees of the immediate higher level.
The units of the People's Armed Forces shall set up their own polling stations.
ORGANIZATIONS IN CHARGE OF THE ELECTION
Article 14.- The organizations in charge of the election to the People's Council are:
- Election councils;
- Election committees;
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The Election Council shall elect its President, Vice President (or Vice-Presidents) and Secretary.
The list of members of the Election Councils of provinces and cities directly under the Central Government shall be submitted to the Standing Committee of the National Assembly, the Government and the Central Committee of the Vietnam Fatherland Front. The lists of members of the Election Councils of other levels shall be submitted to the People's Committee, the Standing Board of the People's Council and the Standing Board of the Vietnam Fatherland Front Chapter of the immediate higher level.
The Election Council has the following tasks and powers:
1. To direct the election in the locality, to monitor and supervise the observance of the legal provisions on the election;
2. To receive files submitted by self-nominated candidates and forward them to the Standing Board of the Vietnam Fatherland Front Chapter of the same level;
3. To examine and settle complaints and denunciations concerning the work of the Election Committees and Teams;
4. To make public the number of the election units, the list of voters and the number of members to be elected by each election unit;
5. To receive files from, and make public the list of, the candidates to the People's Council in each election unit, and examine and settle complaints on such listings;
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7. To receive and examine the report on election returns submitted by the Election Committees and file the final report on the local election;
8. To direct additional or reelection in accordance with Articles 53, 54, 55 and 56 of this Law;
9. To announce the election results;
10. To submit to the People's Council the final report on the election and transfer the dossiers and documents on the election in accordance with Article 57 of this Law.
The Election Committee shall elect its Chairman, Vice Chairman (or Vice-Chairmen) and Secretary.
The Election Committee has the following tasks and powers:
1. To monitor and supervise the observance of the legal provisions on election by the election teams in the election unit;
2. To monitor and supervise the preparation and posting of the list of voters and the list of candidates by the Election Teams in the election unit.
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4. To receive documents and ballots from the Election Council; and distribute them to the Election Teams 10 days at the latest before election day.
5. To examine and settle complaints on the work of the Election Teams;
6. To receive, synthesize and check reports on the election returns submitted by the Election Teams, and draw up the report to certify the election results at the unit.
7. To transfer the certifying report and the dossiers and documents concerning the election in accordance with Article 51 of this Law.
8. To organize additional or re-election by decision of the Election Council.
In case an election unit has only one polling station, the Election Committee shall also assume the duty of the Election Team.
An Election Team shall elect its head, deputy head and secretary.
An Election Teams has the following tasks and powers:
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2. To arrange the polling station and ballot boxes;
3. To receive documents on the election from the Election Committee and distribute ballots bearing its seal to voters;
4. To keep voters constantly informed of the election day and the polling place and time during the ten days before election day.
5. To ensure that the regulations at the polling station are properly observed;
6. To examine and settle complaints on election activities in the polling area;
7. To count the cast ballots and draw up the report on the election returns;
8. To transfer the report on election returns, the cast ballots and other documents on the election in accordance with Article 50 of this Law.
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The Election Committees and Teams shall expire after the Election Council has announced the election results.
Each voter shall register in only one list of voters.
The list of voters at units of the People's Armed Forces shall be drawn by the command of each unit in each polling area; army personnel who have permanent residence in a locality may register to vote at their places of residence.
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If the complainant does not agree with the solution, he/she may lodge a complaint to the People's Court at the district, provincial town or provincial city. Within five days from the receipt of the complaint, the People's Court must solve it. The decision of the People's Court is final.
SELF-NOMINATION, NOMINATION AND CONVENTION TO NOMINATE CANDIDATES FOR THE PEOPLE'S COUNCIL
1. An application for candidacy;
2. A summarized biography;
3. A certification from the People's Committee at the commune, urban ward or township of residence confirming the right of the applicant to nominate himself/herself as provided for in Article 2 of this Law.
Forty days at the latest before election day, the Election Council shall transmit the files of the self-nominees to the Standing Board of the Vietnam Fatherland Front Chapter of the same level.
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Forty-five days at the latest before election day, the nominees shall submit their files to the Standing Board of the Vietnam Fatherland Front at the level of the People's Council to which they are nominated for election. The file shall comprise an application, a summarized biography and a certification of the People's Committee at the commune, urban ward or township of the nominee's residence to prove his/her right to stand for election as provided for in Article 2 of this Law.
Self-nominated and nominated candidates shall run for election at only one electoral unit and are not allowed to participate in the Election Committee or Election Team of that unit.
The voters' conferences at State agencies and social and economic organizations shall be convened and presided over by their chiefs in cooperation with the local trade union organizations. At units of the People's Armed Forces, the conferences shall be convened and presided over by the unit commanders.
At these conferences, voters shall, on the basis of the criteria for the People's Council, pass judgments on and express their trust in the self-nominated and nominated candidates by either a show of hands or a secret ballot, depending on the decision of the conference.
The self-nominated and nominated candidates or representatives of their organizations or agencies or units are invited to such conferences.
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1. An application for candidacy;
2. A certification of the People's Committee at the commune or urban ward or township of the candidate's residence on his/her right to stand for election as provided for in Article 2 of this Law.
3. A summarized biography.
Upon receiving these papers, the Election Council shall issue a receipt.
If the complainants do not agree with the results of the settlement by the Election Committee, they have the right to lodge their complaints to the Election Council. The decision of the Election Council shall be final.
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These meetings and contacts with voters shall be organized by the Standing Board of the Vietnam Fatherland Front Chapter at communes, urban wards and townships.
Prior to the polling, the Election Team must examine the ballot box at the witness of voters.
Voters shall cast the ballots by themselves and shall not request other people to do that for them, except for cases as provided for in Article 41 of this Law.
In case the voters are so sick, old and weak or handicapped that they cannot personally go to the polling station, the Election Team may bring the mobile ballot box to their places of residence so that these voters can cast their ballots.
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If voters are not satisfied with the writing they have made, they have the right to ask for a new ballot.
In case a special development forces a delay or an advancement of the election day, the Election Team shall, in a timely manner, report it to the Election Committee which shall submit to the Election Council for consideration and decision.
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The candidates and/or representatives of the agencies, organizations and units of the candidates have the right to witness the vote count and lodge complaints about it. Reporters of the press, film makers, photographers, television and radio stations are allowed to witness the vote count.
Article 47.- The following votes shall be dismissed as irregular:
1. Votes made on ballots which are not in the form issued by the Election Team;
2. Votes made on ballots which do not bear the seal of the Election Team;
3. Votes which elect more candidates than the number of members to be voted at the election unit;
4. Votes which cross out all the names of the candidates on the ballots.
5. Votes which include non-candidate names.
The Election Team must not cross out or fiddle with the names on the voted ballots.
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- The total number of voters in the polling area;
- The number of voters who have cast the ballots;
- The number of ballots issued;
- The number of ballots received;
- The number of valid votes;
- The number of votes for each of the candidates;
- The complaints which have been received; the complaints which have been resolved and the way they are settled; and the complaints which have been submitted to the Election Committee for resolution.
The report on the vote count shall be made into three copies, each shall be signed by the head, deputy head and secretary of the Election Team and the two voters who are invited to witness the vote count, and shall be sent to the Election Committee, the People's Committee and the Vietnam Fatherland Front Chapter of the commune, urban ward or township.
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The report shall clearly state:
- The number of members of the People's Council to be elected by that election unit;
- The number of candidates;
- The total number of voters in the election unit;
- The number of voters who have cast the ballots, their percentage in the total number of voters;
- The number of ballots issued;
- The number of ballots received;
- The number of valid votes;
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- The number of votes for each of the candidates;
- The list of the winning candidates;
- The complaints resolved by the Election Team; the complaints resolved by the Election Committee; and the complaints submitted passed to the Election Council for settlement.
The report shall be made into four copies, each copy shall be signed by the Chairman, Vice Chairman and Secretary of the Election Committee, and shall be sent to the Election Council, the Standing Board of the People's Council, the People's Committee and the Vietnam Fatherland Front Chapter of the same level. As regards the election of the members of the People's Council of the commune, urban ward and township, the minute shall be sent to the Election Council, the Chairman of the People's Council, the People's Committee and the Vietnam Fatherland Front Chapter of the same level.
Section III. SUPPLEMENTARY ELECTION AND RE-ELECTION
In the supplementary election voters shall only choose from among the candidates who have run and failed at the first election. If the supplementary election fails to fill all the seats, no further election shall be held.
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Section IV. ROUND-UP OF THE ELECTION
The sum-up report shall state clearly:
- The number of members designated for the People's Council at that level;
- The number of candidates;
- The number of election units and polling areas;
- The total number of voters;
- The number of voters who cast the ballots, their percentage in the total number of voters;
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- The number of ballots received;
- The number of valid votes;
- The number of invalid votes;
- The number of votes cast for each of the candidates;
- The list of the members elected;
- The important incidents and their settlements.
The report shall be made in six copies, each shall be signed by the President, Vice President and Secretary of the Election Council, and shall be sent to the People's Council, the People's Committee, the Vietnam Fatherland Front Chapter of the same and immediate higher levels. The report of the election of the members of the People's Council at provinces and cities directly under the Central Government shall be sent to the People's Council, the People's Committee and the Vietnam-Fatherland Front Chapter of the same level, the Standing Committee of the National Assembly, the Government and the Central Committee of the Vietnam Fatherland Front.
Article 58.- The Election Council shall make public the election results at the latest:
- Five days after the day of the elections to the People's Councils at communes, urban wards and townships;
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- Ten days after the day of the elections the People's Councils in mountainous and island districts, provinces and cities directly under the Central Government; and fifteen days for mountainous provinces.
SUPPLEMENTARY ELECTION TO THE PEOPLE'S COUNCIL
The Standing Board of the People's Council at provinces and cities directly under the Central Government shall decide on and announce the date for the supplementary election to the People's Council at districts, provincial towns, provincial cities, communes, urban wards and townships.
The date of the election must be announced no later than thirty days before the election day.
The Council and Committee for Supplementary Election to the People's Council at communes, urban wards and townships shall be set up by the People's Committee, the Chairman of the People's Council and the Standing Board of the Vietnam Fatherland Front Chapter of the same level. The number of members, the composition and the time for the establishment of the Council and Committee for the Supplementary Election shall follow the provision of this Article.
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The Committee for Supplementary Election shall elect its Chairman and Secretary.
The Team for Supplementary Election shall elect its head, deputy head and secretary.
The list of the candidates to fill the vacancies in the People's Council shall be announced by the Council for Supplementary Election ten days at the latest before the election day.
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All previous provisions which are contrary to this Law shall be annulled.
Article 70.- The Government shall issues detailed provisions for the implementation of this Law.
This Law is passed by the Ninth National Assembly of the Socialist Republic of Vietnam at its Fifth Session on the 21st of June, 1994.
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THE CHAIRMAN OF THE NATIONAL ASSEMBLY
Nong Duc Manh