Circular No. 01/2007/TT-BNV guiding certain contents regarding the organization of the election of deputies to the XIIth National Assembly and supplementary elections for members of People's Councils at all levels for the 2004-2009 term.

CIRCULAR

Guidelines on certain aspects regarding the organization of the election of National Assembly deputies for the XIIth term and supplementary elections of People's Council deputies at all levels for the 2004-2009 tenure

Pursuant to the Law on Election of National Assembly Deputies 1997, amended and supplemented by Law No. 31/2001/QH10 dated December 25, 2001 of the Xth National Assembly, tenth session;

Pursuant to the Law on Election of People's Council Deputies dated November 26, 2003;

Pursuant to Resolution No. 1077/2007/NQ-UBTVQH11 dated January 29, 2007 of the Standing Committee of the National Assembly on announcing the election date for National Assembly deputies for the XIIth term;

Pursuant to Directive No. 02/2007/CT-TTg dated January 31, 2007 of the Prime Minister on organizing the election of National Assembly deputies for the XIIth term;

Pursuant to Decree No. 45/2003/NĐ-CP dated May 9, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

The Ministry of Home Affairs hereby provides guidelines on certain aspects regarding the organization of the election of National Assembly deputies for the XIIth term and supplementary elections of People's Council deputies at all levels for the 2004-2009 tenure as follows.

I. OBJECTIVES AND REQUIREMENTS OF THE ELECTION

1. The election of National Assembly deputies for the XIIth term is organized with the aim of selecting and electing representatives who are worthy of representing the will, aspirations, and right to mastery of the people throughout the country at the highest representative body of the people, the highest state power organ, contributing to building and perfecting the Socialist Republic of Vietnam of the people, by the people, and for the people.

2. Through the election of National Assembly deputies, raise awareness about citizens' rights and obligations, ensuring that each citizen uses and promotes their right to mastery, selects, introduces, and elects representatives who meet the criteria, have both virtue and talent, and are worthy to be National Assembly deputies for the XIIth term.

3. Organizing the election of National Assembly deputies for the XIIth term and supplementary elections of People's Council deputies at all levels for the 2004-2009 tenure must ensure democracy, compliance with the law, safety, economy, and truly become a day of celebration for the entire people.

4. Throughout the process of preparing and organizing the election of National Assembly deputies and supplementary elections of People's Council deputies at all levels, political stability must be ensured, social order and security maintained. Timely criticism and correction of undemocratic manifestations, strict handling of violations of election laws and infringement of citizens' voting and candidacy rights.

II. ORGANIZATION OF THE ELECTION OF NATIONAL ASSEMBLY DEPUTIES

1. Election organizations

 1.1. Establishing election organizations:

Based on the provisions of the Law on Election of National Assembly Deputies 1997 (amended and supplemented in 2001), localities establish election organizations including the Election Committee, the Election Board, and the Polling Station according to the composition and quantity specified in Articles 15, 16, and 17 of the Law on Election of National Assembly Deputies.

The establishment of the Election Committee must be completed no later than 95 days before the election date, i.e., no later than February 14, 2007.

After establishing the Election Committee, the Standing Body of the People's Councils of provinces and centrally-administered cities shall immediately report to the Standing Committee of the National Assembly, the Election Council, and the Government (through the Ministry of Home Affairs) on the list of members of the Election Committee along with their specific contact information, fax numbers, and workplace addresses.

The establishment of the Election Board must be completed no later than 60 days before the election date, i.e., no later than March 21, 2007.

The establishment of the Polling Station must be completed no later than 30 days before the election date, i.e., no later than April 20, 2007.

Organizations responsible for establishing election organizations need to select individuals with good political and moral qualities, trusted by the masses, knowledgeable about the law, and experienced in election work to participate in the Election Committee, the Election Board, and the Polling Station. After establishment, these election organizations must organize the dissemination of the tasks and powers of each election organization as stipulated by the Law on Election of National Assembly Deputies; implement specific responsibility assignments for members during the preparation and implementation of election work.

 1.2. Changing members of election organizations:

In cases where election organizations lack members due to disciplinary action, criminal prosecution, death, or other reasons preventing them from continuing to serve as members of election organizations, the Standing Body of the People's Council, after reaching consensus with the People's Committee and the Standing Committee of the Fatherland Front at the same level, may decide to change or supplement members of the election organizations if deemed necessary.

2. Compiling voter lists

The compilation of voter lists is carried out by the People's Committees of communes, wards, towns, and the Commanders of military units according to each polling station area. To perform this task well, the People's Committees at the commune level and the Commanders of military units need to appoint individuals with experience, familiar with the law to participate in compiling voter lists as stipulated in Chapter IV of the Law on Election of National Assembly Deputies.

During the compilation of voter lists, attention should be paid to cases where voters do not have the right to vote, have had their right to vote revoked, or have had their right to vote restored according to Article 23 of the Law on Election of National Assembly Deputies and Resolution No. 1078/2007/NQ-UBTVQH11 dated January 29, 2007 of the Standing Committee of the National Assembly on "Guidelines on Certain Aspects Regarding the Organization of the Election of National Assembly Deputies for the XIIth Term."

For cases where voters go to vote elsewhere and cannot participate in voting at the place where they were registered on the voter list according to Article 27 of the Law on Election of National Assembly Deputies, the People's Committees of communes, wards, towns, or the Commanders of military units need to note next to the voter's name in the list "Voting elsewhere" after issuing a certificate for the voter to vote elsewhere; avoid confusion leading to complaints or appeals or a voter being listed in two different voter lists in two separate polling station areas.

During the process of compiling the voter list, attention must be paid to cases where individuals are not entitled to vote, have had their voting rights revoked, or have had their voting rights restored in accordance with Article 23 of the Law on Elections of National Assembly Deputies and Resolution No. 1078/2007/NQ-UBTVQH11 dated January 29, 2007 issued by the Standing Committee of the National Assembly guiding certain aspects regarding the organization of the election of National Assembly deputies for the twelfth term.

For cases where voters cast ballots at another location and cannot participate in voting at the place where they were registered on the voter list as stipulated in Article 27 of the Law on Elections of National Assembly Deputies, the People's Committee of communes, wards, towns, or the Command of military units must immediately note next to the voter's name on the list "Voting at another location" after issuing a certificate allowing the voter to cast ballots elsewhere; this is to avoid confusion leading to complaints or accusations, or having a voter listed twice in two different polling station voter lists.

The list of voters must be publicly posted at the People's Committee offices of communes, public places, no later than 30 days before election day, i.e., no later than April 20, 2007. To facilitate the people's observation, inspection, and supervision of the voter list, depending on specific conditions in each locality and polling area, the posting of the voter list may be combined with meetings of voters to introduce the voter lists of each village, residential ward, and military unit.

3. On the division of polling areas

The People's Committee of villages, towns, and wards shall base the division of polling areas on the population, voters, and specific conditions of the locality, and submit for approval to the People's Committee of districts, cities under provinces.

In dividing polling areas, it is necessary to minimize the excessive subdivision of polling areas within a single electoral district, which would create difficulties for directing, guiding, and organizing the conduct of elections.

4. Candidacy and negotiation to select and introduce candidates for National Assembly deputies

The process of candidacy and negotiation to select and introduce candidates for National Assembly deputies shall be carried out in accordance with Chapter V of the Law on Elections of National Assembly Deputies and Resolution Joint No. 618/NQLT/UBTVQH-ĐCTUBTWMTTQVN dated January 24, 2007, between the Standing Committee of the National Assembly and the Central Steering Committee of the Vietnam Fatherland Front regarding the issuance of the "Negotiation, Selection, and Introduction Process for Candidates for National Assembly Deputies."

5. Organization of election propaganda work

5.1. Organize extensive propaganda and dissemination among cadres, civil servants, and the people about the significant political importance of the election of National Assembly deputies and the people's right to exercise their mastery through the selection, introduction, and direct voting for representatives of the people at the highest state power organ; widely disseminate the Law on the Organization of the National Assembly, the Law on Elections of National Assembly Deputies (amended and supplemented in 2001), and guiding documents on elections issued by the Party, State, Standing Committee of the National Assembly, Election Council, Central Steering Committee of the Vietnam Fatherland Front, Government, Prime Minister, and competent state agencies on organizing elections. Based on the specific situation of each locality and place, organize appropriate forms and methods of election propaganda.

5.2. The People's Committees at all levels shall direct functional agencies to carry out propaganda and promotion for the election, implement election propaganda and mobilization work in accordance with the provisions of the Law. Depending on the characteristics and specific situations, localities, units, and relevant agencies shall introduce the basic contents of the Constitution, the Law on the Organization of the National Assembly, the Law on Elections of National Assembly Deputies, and guiding documents on elections from competent authorities to thoroughly disseminate and promote the significance and importance of the election, the rights and obligations of citizens in participating in the election of National Assembly deputies.

5.3. Localities shall organize the compilation of various forms of propaganda materials to provide information about the election process to all layers of the people and voters in the locality, particularly focusing on key, sensitive areas, mountainous regions, border areas, islands, remote areas, and places where ethnic minority peoples reside.

5.4. Ten days before election day, the Election Team must regularly inform voters of the election date, polling place, and voting time through public postings at the People's Committee offices of communes, public places, polling areas, and through mass media, communal radio systems, village or residential ward systems, or through propagandists.

6. Organization of election day

The opening and closing of the election day for National Assembly deputies must be conducted according to the prescribed time, starting from 7:00 AM on Sunday, May 20, 2007, and ending at 7:00 PM on the same day. Depending on specific circumstances and particularities of each locality, the Election Team may decide to start earlier but not before 5:00 AM or end later but not after 10:00 PM on Sunday, May 20, 2007. However, it should be noted that if there are still voters present in the polling room after the voting time has ended, the Election Team must wait until these voters have completed their voting before declaring the end of the voting session.

During the voting process, it is important to note that once a voter has cast their vote, the Election Team must stamp "voted" on the voter's card to prevent complaints or accusations of multiple voting.

On election day, the Election Team shall assign specific tasks and responsibilities to each member in implementing the election process. While performing their duties, members of the Election Team must wear identification badges of the Election Team and strictly adhere to their assigned roles and responsibilities.

In special cases, if a polling area needs to postpone or advance the voting date compared to the specified date, the Election Board shall seek the opinion of the Election Team in that polling area and immediately report to the Election Committee for consideration and decision by the Election Council. In case of unexpected events interrupting the voting or counting process, the Election Team must immediately seal the ballot box, related documents, and papers; take preventive measures to ensure the continuation of the voting and counting process, while promptly reporting to the Election Board for timely resolution.

Voting locations must be decorated solemnly, economically, and conveniently for voters to participate. At voting locations, the Election Team shall post the voter list, candidate list and biographies, polling location rules, and arrange sufficient tables, chairs, pens, and other necessary items to facilitate voters in exercising their right to vote in accordance with the Law.

III. ORGANIZATION OF SUPPLEMENTARY ELECTIONS FOR MEMBERS OF PEOPLE'S COUNCILS AT ALL LEVELS FOR THE 2004-2009 TERM

1. Conditions for conducting supplementary elections for members of People's Councils

Pursuant to Article 68 of the Law on Election of People's Council Deputies, localities shall conduct supplementary elections for People's Council deputies at all levels for the 2004-2009 term for electoral units lacking deputies and administrative units newly divided, merged, or changed in level with insufficient number of People's Council deputies as prescribed by law.

The supplementary election shall only be conducted when the number of People's Council deputies is no longer sufficient to reach two-thirds of the total number of deputies as determined.

2. Form of supplementary election for People's Council deputies

The form of supplementary election for People's Council deputies shall be carried out in accordance with the current Law on Election of People's Council Deputies.

Documents guiding the organization of the election of People's Council deputies at all levels for the 2004-2009 term on April 25, 2004, issued by the Standing Committee of the National Assembly, the Government, the Prime Minister, and the Vietnam Fatherland Front Central Committee shall be applied in the supplementary election of People's Council deputies for the 2004-2009 term.

Regarding the negotiation process, selection, and introduction of candidates for People's Council deputies in the supplementary election, it shall be implemented according to the guidance of the Vietnam Fatherland Front Central Committee.

Localities shall use the ballot forms, report forms, and seals of the election of People's Council deputies at all levels for the 2004-2009 term on April 25, 2004, for the supplementary election of People's Council deputies at all levels.

3. Matters to be noted in organizing the supplementary election of People's Council deputies

To conduct the supplementary election of People's Council deputies at all levels concurrently with the election of National Assembly deputies for the XIIth term, localities with supplementary electoral units for People's Council deputies need to pay attention to the following issues:

 3.1. In provinces and centrally-administered cities that organize supplementary elections for provincial-level People's Council deputies, the Standing Committee of the Provincial People's Council shall submit to the Standing Committee of the National Assembly for consideration and issuance of a resolution on conducting the supplementary election of People's Council deputies concurrently with the election of National Assembly deputies.

 3.2. In districts where supplementary elections for district and commune-level People's Council deputies are organized, the Standing Committee of the Provincial People's Council shall consider and decide the date of the supplementary election of People's Council deputies concurrently with the election of National Assembly deputies in accordance with the provisions of the Law on Election of People's Council Deputies.

 3.3. Depending on specific circumstances, organizations responsible for the election of National Assembly deputies for the XIIth term in localities may concurrently perform the duties of organizations responsible for the supplementary election of People's Council deputies such as establishing the Election Committee for National Assembly deputies for the XIIth term and the supplementary election of People's Council deputies for the 2004-2009 term to unify overall guidance; Polling Stations shall undertake joint tasks to implement the election of National Assembly deputies and the supplementary election of People's Council deputies.

 3.4. Localities shall arrange polling stations for concurrent voting for National Assembly deputies and supplementary election of People's Council deputies. Specifically, ballots for People's Council deputies shall be of a different color from those for National Assembly deputies for the XIIth term. Separate ballot boxes shall be prepared for the election of National Assembly deputies and supplementary election of People's Council deputies. Each ballot box shall clearly state: "Ballot Box for National Assembly Deputies for the XIIth Term," "Ballot Box for Supplementary Election of People's Council Deputies."

 3.5. At each polling station for concurrent voting for National Assembly deputies and supplementary election of People's Council deputies, Polling Station Committees shall appoint personnel to guide voters specifically on the method of voting to avoid mistakenly placing ballots in the wrong ballot boxes.

IV. GUIDANCE ON IMPLEMENTATION OF ELECTION WORK, INFORMATION REPORTING SYSTEM, PREPARATION OF MATERIAL AND TECHNICAL CONDITIONS, AND ELECTION SUMMARIZATION

1. Guidance on implementation of election work

 1.1. Pursuant to Directive No. 02/CT-TTg dated January 31, 2007, of the Prime Minister, the Ministry of Home Affairs shall assist the Government and the Prime Minister in directing the organization, guidance, inspection, and urging the implementation of the election work for National Assembly deputies and supplementary election of People's Council deputies at all levels.

 1.2. People's Councils at all levels shall carry out guidance and organizational implementation of election work in their locality in accordance with the guidance of the Standing Committee of the National Assembly, the Election Council, the Government, the Prime Minister, and local election organizations; closely coordinate with the Standing Committee of the People's Council, the Permanent Secretariat of the Vietnam Fatherland Front Committee at the same level during preparation and implementation of the election work.

2. Information Reporting System

 2.1. People's Councils at all levels shall implement regular reporting progress on the preparation, implementation, and organization of the election work to the higher-level People's Council.

 2.2. People's Councils of provinces and centrally-administered cities and Ministries, agencies equivalent to ministries, and agencies under the Government shall strictly implement information reporting to the Prime Minister (through the Ministry of Home Affairs and the Government Office) according to the progress of each stage of the election in accordance with the spirit of the Prime Minister's directive on organizing the election of National Assembly deputies for the XIIth term.

3. Preparation of material and technical conditions for the election

The budget for serving the election of National Assembly deputies for the XIIth term and supplementary election of People's Council deputies for the 2004-2009 term shall be guaranteed by the State budget. To practice thrift and prevent waste, People's Councils at all levels and election organizations shall make full use of material and technical means from previous elections to serve the election of National Assembly deputies for the XIIth term and supplementary election of People's Council deputies at this time.

The People's Committee of provinces and centrally governed cities shall coordinate with the Department of Finance to advise the Standing Committee of the People's Council and the People's Committee at the provincial level on preparing and ensuring funds for the election of the National Assembly deputies and supplementary elections of People's Council deputies at all levels in their locality, ensuring that the election funds are used for their intended purpose, efficiently and economically in accordance with the guidelines of the Ministry of Finance.

4. Summarizing the election work

Summarizing the election work is of significant importance to assess the entire process of preparation, implementation, and organization of the election, drawing lessons from the guidance, direction, and organization of the election. Therefore, summarizing the election work needs to be thoroughly prepared, strictly carried out, practically, and effectively.

The People's Committee of provinces and centrally governed cities is responsible for coordinating with the Standing Committee of the People's Council, the Standing Committee of the Vietnam Fatherland Front Committee at the same level to organize the summary and evaluation of the results of the election of National Assembly deputies and supplementary elections of People's Council deputies at all levels in their locality (for localities with supplementary electoral units).

The summary report on the election work shall be submitted to the Election Council, the Standing Committee of the National Assembly, the Central Committee of the Vietnam Fatherland Front, and the Government (through the Ministry of Home Affairs and the Government Office) to compile the overall election results and conduct a nationwide election summary.

V. IMPLEMENTATION

1. This Circular takes effect fifteen days from the date of publication in the Official Gazette.

2. The Chairman of the People's Committee of provinces and centrally governed cities is responsible for organizing the implementation of this Circular. During the implementation process, if there are any emerging issues or difficulties, the provinces and centrally governed cities need to promptly reflect them to the Ministry of Home Affairs and central agencies guiding the elections for research and resolution.