Decree-Law No. 004/SLT on the Election of People's Councils and Administrative Committees at all levels

STATUTE

NUMBER 004/SLT ON JULY 20, 1957 REGARDING THE ELECTION OF THE NATIONAL ASSEMBLY AND ADMINISTRATIVE COMMITTEES AT ALL LEVELS

 

THE PRESIDENT OF THE DEMOCRATIC REPUBLIC OF VIETNAM

Pursuant to the resolution of the National Assembly on January 24, 1957;

At the proposal of the Council of Ministers;

After the Standing Committee of the National Assembly voted in agreement,

 

ISSUES THE DECREE:

PART I

ELECTION OF THE NATIONAL ASSEMBLY AT ALL LEVELS

SECTION 1 - GENERAL PRINCIPLES

Article 1

All elections for the National Assembly at all levels shall be conducted according to the principles of universal suffrage, equality, directness, and secrecy.

AT For autonomous regions and mountainous areas, the People's Councils at the provincial level and above shall be elected by the People's Councils at the commune level.

Article 2

All Vietnamese citizens, regardless of ethnicity, gender, profession, wealth, social class, religious belief, education level, or duration of residence, who are eighteen years old or older have the right to vote, and those twenty-one years old or older have the right to run for election.

Citizens in the military have the right to vote and run for election like other citizens.

Article 3

The following landowners, although not yet changed in status, also have the right to vote and run for election:

- Landowners who participated in the resistance;

- Landowners who are recommended for voting and running for election by the Administrative Committee and the Agricultural Association Committee at the commune level, and approved by the Provincial Administrative Committee.

Article 4

The following individuals do not have the right to vote or run for election:

- Those deprived of their civil rights by law or court;

- Mentally ill persons;

- Landowners who have not changed their status (except those mentioned in Article 3).

Article 5

In each term of election for a People's Council at any level, each voter may cast only one ballot. A voter wishing to run for election may only do so in one place.

 

SECTION 2 - CALCULATION OF REPRESENTATIVES

Article 6

The method of calculating the number of representatives for the People's Council in lowland areas is as follows:

1) Commune and town People's Councils:

Communes and towns with up to 1,000 residents shall elect 15 representatives. For communes and towns with more than 1,000 residents, in addition to the 15 representatives allocated for the first 1,000 residents, one additional representative will be added for every 200 additional residents, but the total number shall not exceed 35 representatives.

Particularly, communes with over 6,000 residents may have up to 40 representatives.

2) Town People's Councils:

Towns with up to 4,000 residents shall elect 25 representatives. For towns with more than 4,000 residents, in addition to the 25 representatives allocated for the first 4,000 residents, one additional representative will be added for every 500 additional residents, but the total number shall not exceed 50 representatives.

3) Provincial People's Councils:

Provinces with up to 250,000 residents shall elect 50 representatives. For provinces with more than 250,000 residents, in addition to the 50 representatives allocated for the first 250,000 residents, one additional representative will be added for every 20,000 additional residents, but the total number shall not exceed 100 representatives.

4) City People's Councils:

Cities with up to 60,000 residents shall elect 50 representatives. For cities with more than 60,000 residents, in addition to the 50 representatives allocated for the first 60,000 residents, one additional representative will be added for every 8,000 additional residents, but the total number shall not exceed 100 representatives.

, Clause 1, Clause 2 Article 7a of this Regulation.

The method of calculating the number of representatives for the People's Councils at various levels in autonomous regions and mountainous areas is as follows:

1) Commune and town People's Councils:

- Highland communes with up to 300 residents shall elect 9 representatives. For highland communes with more than 300 residents, in addition to the 9 representatives allocated for the first 300 residents, one additional representative will be added for every 35 additional residents, but the total number shall not exceed 25 representatives.

- Lowland communes and towns with up to 400 residents shall elect 11 representatives. For lowland communes and towns with more than 400 residents, in addition to the 11 representatives allocated for the first 400 residents, one additional representative will be added for every 70 additional residents, but the total number shall not exceed 25 representatives.

2) Town People's Councils:

Towns with up to 3,000 residents shall elect 20 representatives. For towns with more than 3,000 residents, in addition to the 20 representatives allocated for the first 3,000 residents, one additional representative will be added for every 300 additional residents, but the total number shall not exceed 45 representatives.

3) Provincial or district People's Councils:

(In autonomous regions, there is no provincial level):

- Provinces with up to 80,000 residents shall elect 40 representatives. For provinces with more than 80,000 residents, in addition to the 40 representatives allocated for the first 80,000 residents, one additional representative will be added for every 5,000 additional residents, but the total number shall not exceed 70 representatives.

- Districts with up to 8,000 residents shall elect 25 representatives. For districts with more than 8,000 residents, in addition to the 25 representatives allocated for the first 8,000 residents, one additional representative will be added for every 800 additional residents, but the total number shall not exceed 50 representatives.

4) Regional People's Councils:

Depending on the population and ethnic situation in each area, from 2,000 to 6,000 residents shall elect one representative, but the total number of representatives shall not exceed 150.

The ratios mentioned above can be adjusted to allow minority ethnic groups to elect their own representatives into the People's Councils at all levels.

 

SECTION 3 - ELECTORAL UNITS AND VOTING AREAS

Article 8

The People's Councils at all levels shall be elected based on the following units:

- Commune People's Councils based on village clusters (former villages);

- Town People's Councils based on streets or village clusters;

- Town People's Councils based on wards and communes (if there are suburban communes);

- District People's Councils based on administrative communes;

- Provincial People's Councils based on administrative counties and towns;

- City People's Councils based on wards or ward clusters in the city center, and communes or commune clusters in the suburbs;

- Autonomous Region People's Councils based on administrative districts or counties and towns.

Article 9

The number of electoral units for the People's Councils of autonomous regions, provinces, and cities, and the number of representatives for each unit shall be proposed by the Administrative Committees of the autonomous regions, provinces, and cities, and approved by the Ministry of Internal Affairs.

The number of electoral units for the People's Councils at the commune, town, and town levels, and the number of representatives for each unit shall be proposed by the Administrative Committees of the communes, towns, and towns. They shall be approved by the Provincial Administrative Committee (or in autonomous regions without a provincial level, by the Administrative Committee of the autonomous region); for suburban communes belonging to cities, they shall be approved by the Administrative Committee.

The number of electoral units for the People's Councils at the district level, and the number of representatives for each unit shall be proposed by the Administrative Committee of the district, and approved by the Administrative Committee of the autonomous region.

Article 10

Electoral units for the People's Councils at any level must be announced by the Administrative Committee at that level no later than forty days before the election day.

Article 11

The Administrative Committees of communes, towns (without wards), and wards may determine fewer or more polling areas based on the residential conditions of the people.

Article 12

Military units will organize separate polling areas.

 

SECTION 4 - VOTER LISTS

Article 13

The voter list shall be established by the Administrative Committees of communes, towns (without wards), townships, and wards according to each commune, town, township, ward, and polling area. The voter lists for military units shall be established by the command boards of those military units for each polling area. In the voter list for each polling area, the names of voters shall be arranged in alphabetical order A, B, C.

Article 14

At least forty days before the election day, the voter list must be posted at the offices of the Administrative Committees or at public places of the polling units or polling areas.

The voter list for military units shall only be announced at the polling areas of the military.

Article 15

From the posting date and at least twenty-five days before the election day, voters have the right to inspect the voter list; if they find any errors or omissions, they may submit a complaint to the agency that established the list. Within three days, the agency must resolve the complaint; if the complainant disagrees with the resolution, they can appeal to the People's Court of the district, province, or city.

Article 16

During the period of posting the voter list, if a voter changes their place of residence, they have the right to request a certificate from the old local Administrative Committee confirming that their name has been removed from the voter list at the previous place of residence to be included in the new voter list.

Article 17

Any amendments to the voter list must be completed at least three days before the election day.

 

SECTION 5 - NOMINATION

Article 18

Each time there is a People's Council election, the United Front will nominate candidates. Individuals also have the right to self-nominate.

Article 19

At least twenty-five days before the election day, the United Front must submit the list of nominated candidates to the Administrative Committee of the People's Council level, accompanied by:

1) Nomination forms of the nominees, including their name, age, occupation, place of origin, address, and place of nomination.

2) A certificate from the local Administrative Committee confirming that the candidate meets the eligibility requirements for nomination.

At least twenty-five days before the election day, individuals who self-nominate must also submit their nomination forms and certificates confirming their eligibility.

Upon receiving the nomination forms, the Administrative Committee must issue a receipt.

Article 20

After the nomination deadline, the Administrative Committee receiving nominations must establish a list of candidates for each electoral unit. This list must be posted at public places of each electoral unit and polling area at least twenty-five days before the election day.

Article 21

From the posting date and at least eighteen days before the election day, any complaints about the candidate list must be submitted to the Election Board. This board must examine and make a final decision within three days.

Article 22

Within the framework of the laws of the Democratic Republic of Vietnam, free election campaigns are allowed.

 

SECTION 6 - ELECTION BOARD - ELECTION COMMITTEE - VOTING TEAM

Article 23

The Election Board: At least thirty days before the election day of a single-level People's Council, the Administrative Committee at that level will establish an Election Board for the entire locality consisting of seven to twenty-one representatives from various sectors and people's organizations in the locality, all of whom must not be candidates and must be literate. The board will elect its own chairman, vice-chairman, and one or more secretaries.

The Election Boards at the district, provincial, and municipal levels are recognized by the Ministry of Interior. Other level Election Boards are recognized by the higher-level Administrative Committee.

The duties and powers of the Election Board are as follows:

1) Inspect and urge the implementation of election laws in the locality;

2) Examine and resolve complaints regarding nominations;

3) Receive voter cards and ballots from the corresponding level Administrative Committee to distribute to the Election Committees established under Article 24 below, at least ten days before the election day;

4) Supervise the voting process in the polling rooms during the election;

5) Receive and supervise preliminary election results reports from the Election Committees in each electoral unit, and prepare a report on the overall election results in the locality;

6) Announce and post the provisional election results;

7) After the election, if there are complaints, the Election Board will receive them, examine them, and propose opinions for the competent authority to decide;

8) At least fifteen days after the election day, the Election Board must send a report along with relevant documents noting observations on the election or suggestions for future elections to the competent authority.

The Election Board shall not campaign for any list or individual.

"d) Within no more than one working day from the date of receiving the dossier submitted for administrative procedures by the specialized agency assigned by the Provincial People's Committee, the Chairman of the Provincial People's Committee shall issue a notification of the result of the inspection of plant-based food exports or a certificate at the request of the importing country."

The Election Committee: At least fifteen days before the election day of a single-level People's Council, the Administrative Committee at the same level will establish an Election Committee in each electoral unit consisting of five to nine representatives from various sectors and people's organizations in the electoral unit, all of whom must not be candidates and must be literate. The committee will elect its own chairperson, vice-chairperson, and one or more secretaries.

The duties and powers of the Election Committee are as follows:

1) Inspect and urge timely arrangements for polling rooms;

2) Receive voter cards and ballots to distribute to the Voting Teams established under Article 25 below, at least seven days before the election day;

3) Supervise the establishment and posting of the voter list and the posting of the candidate list;

4) Supervise the voting process in the polling rooms during the election.

5) Receive and supervise preliminary election results reports from the Voting Teams and prepare a report on the election results in the unit to be sent to the Election Board.

The Election Committee shall not campaign for any list or individual.

Article 25

The Voting Team: At least ten days before the election day, the Administrative Committees of communes, towns (without wards), townships, and wards will establish a Voting Team in each polling area consisting of five to nine representatives from various sectors and people's organizations. Military command boards will establish a Voting Team in each polling area consisting of five to nine military representatives. All representatives must not be candidates and must be literate. The Voting Team will elect its own team leader, deputy leader, and one or more secretaries.

The duties and powers of the Voting Team are as follows:

1) Supervise the posting of the voter list and the candidate list;

2) Arrange polling rooms and prepare ballot boxes.

3) Issue voter cards and ballots to voters. Ballots must be stamped with the seal of the Local Administrative Committee or the military unit (if it is a soldier's ballot);

4) All activities to ensure that the election proceeds smoothly and to maintain order in the polling station during the voting process;

5) Count the votes, prepare preliminary election results at the polling station to send to the Election Board.

The election team shall not campaign for any list or individual candidate.

Article 26

Voter cards, ballots, and ballot boxes shall follow a uniform model prescribed by the Ministry of Interior.

SECTION 7- ELECTION PROCEDURES

PART I- ELECTION DAY

Article 27

The election day for People's Councils at all levels must be a Sunday or public holiday and must be set at least two months in advance. It must fall within the period from one month before to two months after the term of the People's Council ends.

The Prime Minister sets the election date for the People's Councils of autonomous regions, provinces, and cities.

The Local Administrative Committee of the autonomous region sets the election date for the People's Councils of districts.

The Provincial Administrative Committee (or the Local Administrative Committee in an autonomous region without provincial level), the City Administrative Committee, sets the election date for the People's Councils of communes, towns, and urban districts.

 

PART II- VOTING METHODS

 

Article 28

Voting will begin from six o'clock in the morning until eight o'clock in the evening.

Article 29

Voters must vote in person and cannot delegate their vote or vote by mail.

Article 30.

Voters who are illiterate or disabled and unable to write their own ballot may choose someone to write on their behalf, but they must cast their own ballot. In cases where they are unable to cast their own ballot, voters may choose someone to place their ballot in the ballot box, but the voter must personally witness their ballot being placed in the ballot box.

Article 31

To ensure the secrecy of the ballot, when a voter writes their ballot in the ballot box, no one except the voter or the voter and the helper (in cases of disabled or illiterate voters) may approach to observe, including election team staff.

Article 32

If a voter makes a mistake while writing their ballot, they can request the election team to issue another ballot.

Article 33

For certain areas where the cultural level and organization of the people do not allow elections to be conducted through the ballot method, an appropriate alternative method may be used, as determined by the Provincial Administrative Committee (or the Local Administrative Committee in an autonomous region without provincial level).

Article 34

It is prohibited to campaign for candidates in the polling station.

 

PART III- COUNTING BALLOTS

Article 35

Immediately after the end of voting, ballots must be counted and supervised at the polling station in the presence of the public. During the counting, the election team must invite two voters who are not candidates to be present and witness.

Article 36

The following ballots are invalid:

a) Ballots without the seal of the Local Administrative Committee or military unit;

b) Ballots with the signature of the voter or the helper;

c) Ballots listing more names than the number of representatives to be elected;

d) Blank ballots.

Article 37

If there is any doubt about the validity of a ballot, the head of the election team shall put it to a vote by the entire team.

Article 38

Any complaints regarding the ballot counting received by the election team shall be resolved and recorded in the minutes. If the team cannot resolve them, they must be referred to the competent authority for resolution.

Article 39

After completing the ballot count, the election team must prepare minutes recording:

- Total number of voters;

- The number of voters who voted;

- The number of votes cast for each candidate;

- The number of invalid ballots.

- Received complaints and their resolutions, unresolved complaints.

The minutes must be signed by the head of the election team, the secretary, and the two invited voters who witnessed the ballot count, read aloud to the voters present, and then sent to the Election Board.

 

PART 4 - SUMMARY OF THE ELECTION AT THE ELECTORAL UNIT.

RE-ELECTION OR ADDITIONAL ELECTION

Article 40

After receiving the minutes from polling stations, the Election Board shall prepare a summary of the election at the electoral unit.

Article 41

In each electoral unit, the election will only be valid if more than half of the voters listed in the voter list participate in the voting. Otherwise, a re-election will take place.

Article 42 |||

Candidates must receive more than half of the valid votes to be elected.

1. The "Labor Medal" second class shall be awarded or posthumously awarded to individuals meeting one of the following criteria:

If the number of elected representatives is insufficient in the first election, another election will be organized to elect additional representatives to meet the required number.

Article 44 |||

The second election (re-election or supplementary election) does not follow the provisions of Articles 41 and 42.

Article 45 |||

If several candidates receive the same number of votes, the older candidate will be selected.

Article 46 |||

If a re-election or supplementary election is held to elect the required number of representatives, it will be conducted three weeks after the first election.

Article 47 |||

The organization of the election, voting method, counting of votes, preparation of summaries, final results, and temporary declaration of results for the second election will be carried out in the same manner as the first election.

Article 48

In re-elections or supplementary elections, only those who were candidates but not elected in the first election can be chosen.

 

PART 5 - FINALIZATION OF THE ELECTION

Article 49

The finalization of the election will be conducted by the Election Council at each level.

Article 50

The Election Council shall declare the provisional results of the election no later than:

Three days after the election day for the People's Council of communes, towns, and cities;

Seven days for the People's Council of provinces and cities;

Twelve days for the People's Council of provinces and districts in autonomous regions;

Fifteen days for the People's Council of autonomous regions.

The minutes must be posted at the administrative office, polling station offices, and public places, and the election results must also be announced through other means.

Article 51

After declaring the provisional results of the election, all minutes from the Groups, Boards, and Election Councils must be sent up one copy each:

To the Ministry of Interior for review regarding the election of the People's Council of provinces, cities, and autonomous regions;

To the Administrative Committee of the autonomous region for review regarding the election of the People's Council of districts and cities in autonomous regions;

To the Provincial Administrative Committee within an autonomous region (or the Administrative Committee of the autonomous region without a provincial level) for review regarding the election of the People's Council of communes and towns in autonomous regions.

 

PART 6 - COMPLAINTS

Article 52

At the latest seven days after the provisional results of the election are declared, anyone with complaints must submit a petition to the Election Council.

Article 53

The Election Council must immediately examine the petitions and, at the latest seven days after receiving the petitions, must send them up to the levels mentioned in Article 51 along with a report on their opinions about the petitions. The levels mentioned in Article 51 have the final decision on the petitions.

 

PART 7 - PROCLAMATION OF THE OFFICIAL RESULTS

Article 54

No later than twenty days from the date of receipt of the election minutes, the levels mentioned in Article 51 will officially announce the results of the People's Council election.

The Ministry of Interior may declare the invalidation of the People's Council election at any level if it determines that the election is invalid due to serious illegalities.

Article 55

If the election is invalidated, the levels mentioned in Article 51 will inform the lower-level Administrative Committee and set a new election date. This re-election will be conducted in the same manner as the initial election.

 

PART II

ELECTION OF ADMINISTRATIVE COMMITTEES AT ALL LEVELS

Article 56

The People's Councils at all levels will elect the Administrative Committees after the higher level officially announces the legitimate results of the People's Council election.

Article 57

At levels where there is a People's Council (commune, town, city, district, province, city, autonomous region), the Administrative Committee at that level is elected by the People's Council at that level.

Article 58

At levels without a People's Council (county, district, suburban area, zone), the Administrative Committee is elected by the People's Council at the next lower level.

The organization of the new Administrative Committee election is the responsibility of the outgoing Administrative Committee.

Article 59

When electing the Administrative Committee, the entire committee will be elected, and the committee will then elect its Chairman and Deputy Chairmen.

Article 60

At the meeting to elect the Administrative Committee, at levels with a People's Council, at least two-thirds (2/3) of the total members of the People's Council must be present for the election to be valid.

At levels without a People's Council, more than half of the total members of the People's Councils at the next lower level must participate in the voting for the election to be valid.

If the first election does not reach the minimum number of members mentioned above, a second election will be organized; even if the number of participants in this second election does not reach the minimum number mentioned above, the Administrative Committee can still be elected.

Article 61

In the election of Administrative Committees at all levels, in the first round, whoever receives more than half of the valid votes will be elected; in the second round, whoever receives the most votes will be elected.

Article 62

At levels with a People's Council, those wishing to run for the Administrative Committee at that level must be a member of the People's Council at that level.

At levels without a People's Council, anyone meeting the conditions specified in Article 2 above has the right to run for the Administrative Committee.

1. The subjects eligible for the award of the title "People's Doctor" and "Outstanding Doctor" include doctors, pharmacists, medical technicians, traditional medicine practitioners engaged in medical treatment, pharmaceutical production, medical research, disease prevention, epidemic control, and health management officials.

The Administrative Committees at all levels must be recognized by the higher level before they can assume office.

- The Prime Minister recognizes the Administrative Committee of the zone, autonomous region, and centrally-administered city.

- The Ministry of Interior recognizes the Administrative Committee of the province.

- The Administrative Committee of the zone recognizes the Administrative Committee of the county and city.

- The Administrative Committee of the autonomous region recognizes the Administrative Committee of the county, district, and city (within the autonomous region).

- The Administrative Committee of the city recognizes the Administrative Committee of the urban district and suburban commune.

- The Provincial Administrative Committee (or the Administrative Committee of the zone in an autonomous region without a provincial level) recognizes the Administrative Committee of the commune and town.

Article 64

Detailed regulations on the election of Administrative Committees at all levels are stipulated by the Prime Minister's Decree.

 

CHAPTER III

DISCIPLINARY MEASURES FOR ELECTIONS

Article 65

Those who use violence, bribery, or other methods to disrupt elections, or obstruct citizens' free exercise of their rights to vote and stand for election may be sentenced to imprisonment for one month to three years depending on the severity of the offense.

Article 66

Any staff member of the Election Councils, Election Boards, or Polling Groups who forge documents, manipulate ballots, intentionally report incorrect vote counts, or use other methods to distort the election results may be sentenced to imprisonment for one month to three years depending on the severity of the offense.

Article 67

Every person has the right to report to the People's Court any acts of violation during the election process. Anyone who obstructs or retaliates against a reporter may be sentenced to imprisonment for a term ranging from one month to three years, depending on the severity of the offense.

 

PART IV

REGARDING THE HOANG QUANG DISTRICT AND VINH LINH AREA

Article 68

The election of the People's Council and the Administrative Committee of the Hoang Quang District and the Vinh Linh Area shall be conducted in accordance with the regulations applicable to the southern provinces mentioned above.

 

CHAPTER V

IMPLEMENTING PROVISIONS

Article 69

Any regulations concerning the election of the People's Council and the Administrative Committee that conflict with this Decree shall be abolished.

Article 70

The Prime Minister and the Minister of Interior shall issue detailed guidelines for the implementation of this Decree.