Circular No. 01/2021/TT-BNV guiding the procedures for organizing elections of members of the National Assembly, term XV, and members of People's Councils at all levels, term 2021-2026.

This Circular guides the procedures for organizing elections of members of the National Assembly, term XV, and members of People's Councils at all levels, term 2021-2026, applicable to election organizations at provincial level cities directly under the central government; districts, towns, and cities under provinces; communes, wards, and towns. Notably, it provides detailed regulations on the establishment and operation of election organizations, the arrangement of polling places, ballot box management, voting, and counting votes.

Số hiệu01/2021/TT-BNV
Loại văn bảnCircular
Cơ quan ban hànhMinistry of Home Affairs
Người kýLê Vĩnh Tân — Bộ Trưởng Bộ Nội Vụ
Cập nhật23/06/2026
NgànhHome Affairs
Lĩnh vựcLocal Government
Ngày ban hành11/01/2021
Ngày áp dụng11/01/2021
Ngày hết hiệu lực
Tình trạngIn effect
✦ Tóm lược thông minh

This Circular guides the procedures for organizing elections of members of the National Assembly, term XV, and members of People's Councils at all levels, term 2021-2026, applicable to election organizations at provincial level cities directly under the central government; districts, towns, and cities under provinces; communes, wards, and towns. Notably, it provides detailed regulations on the establishment and operation of election organizations, the arrangement of polling places, ballot box management, voting, and counting votes.

Đối tượng áp dụng

Election organizations at provincial level cities directly under the central government; districts, towns, and cities under provinces; communes, wards, and towns; relevant agencies, organizations, and individuals involved in the implementation of the election work.

Các điểm cốt lõi

  • Local election organizations are established in accordance with Articles 21-28 of the Law on Elections of Members of the National Assembly and Members of People's Councils, with specific tasks such as assigning duties to each member, managing documents and seals, and summarizing the election work.
  • Polling places must be selected appropriately, decorated according to the model guidelines of the competent authority, ensuring convenience and security for voters.
  • Ballot boxes must be prepared and sealed carefully, strictly managed in terms of quantity and quality of ballots.
  • Voters must cast their own votes themselves; they cannot ask others to vote on their behalf; the process of crossing out invalid ballots, counting votes, and recording the results of the vote count must be carried out in accordance with regulations.
  • In cases of disease outbreaks or natural disasters, the Election Team has the responsibility to find the best solution to organize the election.

🌐 Tác động xã hội từ văn bản này

  • Positive impact: Providing specific guidance for local election organizations, helping the election work to be implemented effectively and transparently.
  • Negative impact: It may increase the burden of time and manpower for agencies and organizations responsible for the election.

❓ Câu hỏi thường gặp

What regulations govern the establishment of election organizations?

According to Articles 21-28 of the Law on Elections of Members of the National Assembly and Members of People's Councils.

What requirements must polling places meet?

Polling places must be solemnly and economically decorated; arranged with entrances for voters to cast their ballots and exits after voting; ensuring security and order.

Can voters ask someone else to vote on their behalf?

No. Voters must cast their own ballots themselves; they cannot ask someone else to vote on their behalf or vote in place of them (Article 10).

In case of a disease outbreak, what responsibilities does the Election Team have?

The Election Team must find the best solution to organize the election and request the Provincial People's Committee to direct measures to prevent and control the disease according to the Prime Minister's Directive (Article 15).

What responsibilities do Election Team members have in the vote counting process?

The Election Team assigns at least three people to count votes, including one person to read, one person to record, and one person to check the reading and recording. The method of recording the number of votes for each candidate is to draw squares and diagonals alternately (Article 12).

Toàn văn

MINISTRY OF HOME AFFAIRS
--------

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

Number: 01/2021/TT-BNV

Hanoi, January 11, 2021

CIRCULAR

GUIDELINES FOR THE ADMINISTRATIVE WORK OF ORGANIZING THE ELECTIONS OF MEMBERS OF THE NATIONAL ASSEMBLY FOR THE 15TH LEGISLATURE AND MEMBERS OF PEOPLE'S COUNCILS AT ALL LEVELS FOR THE 2021-2026 TERM

Pursuant to the Law on Elections of Members of the National Assembly and Members of People's Councils dated June 25, 2015;

Pursuant to Resolution No. 133/2020/QH14 dated November 17, 2020 of the National Assembly on the date of elections of members of the National Assembly for the 15th legislature and members of People's Councils at all levels for the 2021-2026 term;

Pursuant to Decree No. 34/2016/NĐ-CP dated May 14, 2016 of the Government detailing certain provisions and measures for implementing the Law on Issuance of Legal Normative Documents;

Pursuant to Decree No. 34/2017/NĐ-CP dated April 3, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

The Minister of Home Affairs hereby issues guidelines for the administrative work of organizing the elections of members of the National Assembly for the 15th legislature and members of People's Councils at all levels for the 2021-2026 term as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular guides the administrative work of organizing the elections of members of the National Assembly for the 15th legislature and members of People's Councils at all levels for the 2021-2026 term at localities.

2. Organizing the elections of members of the National Assembly for the 15th legislature and members of People's Councils at all levels for the 2021-2026 term in districts and wards of Ho Chi Minh City (in accordance with Resolution No. 131/2020/QH14 dated November 16, 2020 of the 14th National Assembly on the organization of urban administration in Ho Chi Minh City), city Da Nang (in accordance with Resolution No. 119/2020/QH14 dated June 19, 2020 of the 14th National Assembly on piloting the organization of urban administration models and some special mechanisms and policies for the development of Da Nang City) and in wards of Hanoi City (in accordance with Resolution No. 97/2020/QH14 dated November 27, 2019 of the 14th National Assembly on piloting the organization of urban administration models in Hanoi City) and in accordance with this Circular.

Article 2. Applicability

Organizations responsible for organizing the elections of members of the National Assembly for the 15th legislature and members of People's Councils at all levels for the 2021 - 2026 term shall be established at provincial level (hereinafter referred to as provincial level); district, town, city under province, city under central city (hereinafter referred to as district level); commune, ward, town (hereinafter referred to as commune level) and relevant agencies, organizations, and individuals in carrying out the election work of members of the National Assembly for the 15th legislature and members of People's Councils at all levels for the 2021 - 2026.

Chapter II

ORGANIZATION AND ACTIVITIES OF ORGANIZATIONS RESPONSIBLE FOR ELECTIONS AT LOCAL LEVELS

Article 3. Matters relating to the establishment, structure, composition, tasks, powers, and principles of operation of organizations responsible for elections at local levels

1. Matters relating to the establishment, structure, composition, tasks, and powers of organizations responsible for elections shall be implemented in accordance with the provisions of Articles 21, 22, 23, 24, 25, 26, 27, and Article 28 of the Law on Elections of Members of the National Assembly and Members of People's Councils.

a) For coastal and island areas without communes, the establishment of organizations responsible for elections at local levels shall be decided by the People's Committee at district level after reaching consensus with the Standing Committee of the People's Council (if any) and the Standing Committee of the Vietnam Fatherland Front Committee at the same level regarding the structure and composition of organizations responsible for elections in their managed areas.

b) For electoral units of members of the National Assembly and members of People's Councils at commune level that have only one polling station, a separate Election Board and Polling Station Team shall still be established; members of the Election Board may participate as members of the Polling Station Team.

c) For military forces determined as separate polling stations, the decision shall be made by the Command of the unit. In cases where a military force is stationed in two or more communes, the commander of the unit shall discuss with the People's Committee of the district where the unit is stationed and request the designation of the People's Committee of one of the communes to cooperate in establishing voter lists and issuing voter cards at the military force unit.

2. The competent authority responsible for establishing organizations responsible for elections shall select people with good political qualities, moral integrity, trusted by the masses, knowledgeable about laws, and experienced in election work to participate in organizations responsible for elections.

3. In cases where members of organizations responsible for elections die, are disciplined, are criminally prosecuted, or due to other reasons lead to vacancies in organizations responsible for elections, based on the specific circumstances of each locality, the People's Committee, after reaching consensus with the Standing Committee of the People's Council and the Standing Committee of the Vietnam Fatherland Front Committee at the same level, shall decide to change or supplement members of organizations responsible for elections at their level before the election day.

Article 4. Assignment of tasks for members of election management organizations

The Chairperson of the Provincial, District, and Commune Election Committees; the Head of the Election Board for National Assembly deputies, the Head of the Election Board for People's Council deputies at the provincial, district, and commune levels, and the Head of the Polling Station (hereinafter referred to collectively as the head of the election management organization) shall be responsible for assigning specific duties and authorities to each member of their respective election management organization from the preparatory stage, implementation, election day, post-election activities until the completion of the election in accordance with Article 28 of the Law on Elections of National Assembly Deputies and People's Council Deputies 2015. Among these assignments, one member shall be designated as secretary responsible for managing documents, seals, and summarizing the overall election work of the election management organization.

Article 5. Activities of election management organizations and responsibilities of members of election management organizations

1. Activities of election management organizations

a) Based on specific conditions, the competent authority has the right to establish election management organizations which may requisition civil servants, public officials, and employees from state agencies, public institutions, political organizations, political-social organizations, social organizations to assist the election management organizations according to the decision of the head of the election management organization.

b) Election management organizations shall organize the dissemination of the specific duties and authorities of each election management organization as prescribed by the Law on Elections of National Assembly Deputies and People's Council Deputies; members of election management organizations must be fully trained in skills and procedures for conducting elections for National Assembly deputies and People's Council deputies, with particular emphasis on training for members of polling stations.

c) Election management organizations shall carry out tasks as stipulated by the Law on Elections of National Assembly Deputies and People's Council Deputies and implement regular reporting systems regarding the progress of preparation, implementation, and execution of election work to higher-level election management organizations and competent authorities.

d) In cases where social isolation due to disease outbreaks, natural disasters, or floods result in geographical separation, the Provincial Election Committee shall report to the National Election Council for consideration and decision on the organizational plan for elections in isolated or separated areas.

2. Responsibilities of members of election management organizations

a) The head of the election management organization shall assign, urge, and inspect the performance of specific duties and authorities for each member during the conduct of election work.

b) Members of election management organizations shall participate fully in skill and procedure training for election work; they must understand and perform their assigned duties and authorities accurately; they must be impartial, objective, and honest in the execution of their assigned tasks.

c) During the execution of assigned tasks, members of election management organizations must exchange opinions, deliberate on work matters, evaluate and draw lessons from completed tasks; the head of the election management organization shall be responsible for directing and urging members to complete pending tasks and assigning members to undertake subsequent tasks of the election management organization according to the progress of election work.

d) On election day, members of election management organizations must wear identification badges of their respective election management organizations.

Chapter III

ELECTION ORGANIZATION WORK FOR NATIONAL ASSEMBLY DEPUTIES AND PEOPLE'S COUNCIL DEPUTIES AT ALL LEVELS

Article 6. Arrangement of Polling Places

1. Depending on the material conditions of the locality such as cultural houses, conference halls, schools, etc., and based on the population density in the polling area, the Election Board shall select appropriate polling places (voting rooms) to ensure convenience for voters to cast their ballots. The polling place must be solemnly decorated economically; entrances for voters to enter and exits for voters after casting their ballots must be arranged; the polling place must ensure security and order.

2. The polling place includes: entrance-exit gate, areas outside the voting room, and areas inside the voting room, all of which must be decorated according to the model guidelines issued by the competent authority.

a) Entrance-exit gate and areas outside the voting room

- The Election Board shall use local materials to make the entrance-exit gate for the polling area;

- The area outside the voting room is where the voter list is posted; the rules and regulations of the voting room, election procedures; the venue for the opening ceremony; the reception area for voters coming to cast their ballots. This area may be arranged with tables and chairs for voters to wait before voting;

(The entrance-exit gate and areas outside the voting room are decorated according to Model No. 01 attached hereto).

b) Areas inside the voting room

- The areas inside the voting room must be arranged solemnly, with sufficient tables, chairs, writing utensils, and other necessary conditions for voters to cast their ballots; if there is a large hall, the opening ceremony can be held directly within the voting room;

- The voting room must have a one-way entry and exit path and follow a specific order, which can be referred to the following layout: The entry begins with a guidance desk, a desk for voters to present their Voter Card and receive ballots; followed by desks for voters to fill out ballots, ballot boxes; a desk to stamp "Voted" on the Voter Card to confirm that the voter has cast their ballot; an exit for voters after they have completed voting;

- Depending on the specific conditions of each voting room, the Election Board shall post the candidate lists, biographies of candidates; National Assembly representative standards and People's Council representative standards for voters to refer to before filling out ballots;

- Where voters fill out ballots, partitions or private rooms must be provided to ensure that voters cast their ballots "secretly" as prescribed by the law on elections;

(The areas inside the voting room are decorated according to Model No. 02 attached hereto).

3. The head of the Election Board must assign members of the Election Board to take turns guarding the polling place day and night before, during, and until the end of the voting process, compiling and preparing minutes of the ballot count to send to the corresponding Election Committee.

Article 7. Ballot Boxes

The preparation of ballot boxes, the number and size of ballot boxes depend on the characteristics and conditions of each locality according to specific guidelines from the provincial Election Committee. Ballot boxes can be newly made or reused existing election ballot boxes. Ballot boxes must be sturdy, cleanly decorated, with the National Emblem affixed to the front face and the phrase "BALLOT BOX" below it. In addition to the main ballot box, the Election Board must prepare a supplementary ballot box (mobile ballot box) and sealing tape for the ballot box.

Article 8. Receiving election-related materials of the Election Team

The Election Team assigns members to receive the following types of materials from the People's Committee at the commune level and the same-level Election Board:

1. Receiving voter cards according to the list of voters in the polling area and distributing them to voters before the election date as prescribed by the law on elections.

2. Receiving the appropriate number of ballots according to the list of voters and the number of backup ballots. When receiving ballots, there must be a handover record between the giver and receiver detailing the specific quantity of each type of ballot. The Election Team must carefully check the ballots regarding the number of representatives to be elected in the electoral unit, the list of names of candidates corresponding to their polling area, and must strictly manage the quantities of various types of ballots.

3. The seal of the Election Team and the "Voted" stamp.

4. Various types of minutes and forms of the Election Team.

5. List of voters in the polling area.

6. List and brief biographies of candidates for National Assembly deputies and People's Council deputies at all levels in the polling area.

7. Rules for the voting room, election regulations, sample opening speech, standards for National Assembly deputies, and standards for People's Council deputies.

8. Badges for members of the Election Team.

9. Office supplies (pens, paper, scissors, rulers, glue, ink pad, etc.).

10. Other election-related materials as guided by local authorities.

Article 9. Tasks to be carried out before the election day by the Election Team

1. The head of the Election Team chairs a meeting to specifically assign tasks to each member as follows:

a) The head oversees general operations in the voting room, the voting process, and the counting of votes.

b) The secretary is responsible for managing materials, ballots, seals, and recording the results of the vote count.

c) Assigning members to be responsible for decorating the voting room, directly directing activities outside the voting room, and ensuring material and technical conditions for the Election Team's election day.

d) Assigning members to be responsible for checking voter cards, comparing voter lists, marking the number of voters who have voted on the voter list., issuing ballots stamped by the Election Team to voters.

đ) Assigning members to guide voters on how to cast their votes and fill out ballots.

e) Assigning members to be stationed near the ballot box, stamping "Voted" on the front of the voter card when the voter has placed their ballot in the ballot box.

g) Assigning members to guide voters entering and exiting the voting room, receiving ballots, filling out ballots, and casting ballots.

h) Assigning members to be responsible for security and social order at the polling location.

i) Assigning members to urge and notify voters to go to the polls.

k) Other tasks related to the election work.

2. The Election Team conducts a thorough review and recheck of all material and technical equipment serving the election day, including:

a) The voting room.

b) The place where voter lists, lists of candidates for National Assembly deputies, and candidates for People's Council deputies are posted.

c) Ballots ensuring they correspond to the electoral unit and polling area.

d) Seals.

đ) Ballot boxes.

e) Minutes and forms of the Election Team.

g) Participants in the opening ceremony, opening speech, and office supplies for the election.

h) Voter list of the polling area, which must clearly identify voters who are sick, elderly, disabled and unable to vote in person; those under temporary detention, those serving compulsory educational measures or compulsory drug rehabilitation measures where the detention center or educational facility does not organize a separate polling area; those under temporary custody; those under centralized quarantine at COVID-19 treatment facilities or other centralized quarantine locations, and those under home quarantine (if any); areas cut off due to natural disasters or floods to plan for the delivery of supplementary ballot boxes and ballots to these voters to receive ballots and conduct voting.

i) Other material and technical equipment serving the election day.

3. Managing ballots

The head of the Election Team assigns members to strictly manage the ballots. In case ballots are found missing, the Election Team must immediately report to the Election Board to take timely action.

Article 10. Tasks to be carried out on election day by the Election Team

1. Members of the Election Team must arrive before the opening ceremony to check the preparatory work and ensure that the opening ceremony starts at the prescribed time. Voting begins at seven o'clock in the morning and ends at seven o'clock in the evening on the same day. Based on the actual situation in the locality, the Election Team may decide to start voting earlier but not before five o'clock in the morning or end later but not after nine o'clock in the evening on the same day. After ensuring all necessary conditions for the election day, the Election Team shall organize the opening ceremony and proceed with the voting process.

2. Organizing the opening ceremony

a) Participants in the opening ceremony:

- Members of the Election Team and those responsible for election-related tasks;

- Representatives from party agencies, state administration, Vietnam Fatherland Front, and local organizations;

- Representatives of elderly voters, revolutionary merit holders, and religious dignitaries in the area (if any);

- Voters attending the opening ceremony;

- Journalists from newspapers and radio stations (if any).

b) Procedure for organizing the opening ceremony:

The opening ceremony must be solemnly organized, lasting approximately 15 to 20 minutes, chaired by the Head of the Election Team according to the following content and procedure:

- Raising the flag, stating the purpose, introducing the representatives.

- Reading the opening speech.

- Reading the polling booth regulations.

- Checking the main ballot box and auxiliary ballot box in the presence of voters; inviting two voters who are not candidates for National Assembly deputies or People's Council deputies at the polling station to witness the ballot box inspection, then sealing the main ballot box and auxiliary ballot box according to regulations.

- After completing the sealing procedures, the Head of the Election Team declares the commencement of the voting for the 15th term National Assembly deputies and People's Council deputies for the 2021-2026 tenure. - - The Election Team must arrange for members of the Election Team to be stationed next to the ballot box to guide voters in voting and protect the ballot box.

3. Conducting the voting

Voters must vote themselves and cannot have others vote on their behalf. When entering the polling booth, voters must present their Voter Card to receive the ballot.

a) b) At the beginning of the voting, the Election Team invites voters whose names are listed in the voter list, including leaders of local party committees and administrative bodies, revolutionary merit holders, religious dignitaries (if any), and the oldest voter present at the opening ceremony to vote first.

c) The voting process must be continuous. The Election Team must regularly inform and guide voters to comply with the legal provisions on elections, election rules, and polling booth regulations; instruct voters on how to cast their votes and mark ballots; urge voters to actively exercise their rights and obligations in the election.

d) When voters mark their ballots, no one, including members of the Election Team, may look. If voters make a mistake or damage their ballots, they have the right to obtain another ballot. If voters cannot mark their ballots themselves, they may ask someone else to mark them, but the voters themselves must cast the ballot. The person marking the ballot on behalf of the voter must read the full names of the candidates on the ballot so that the voter can make their own decision. The person marking the ballot on behalf of the voter must truthfully record the voter's wishes and ensure the secrecy of the ballot. After completing the marking, the person must hand over the ballot to the voter so that the voter can cast it into the ballot box themselves. Disabled voters who cannot vote themselves may ask someone else to cast their ballot into the ballot box.

đ) During the voting process, if any unusual situations occur that disrupt the voting, the Head of the Election Team and other members of the Election Team must quickly consult to promptly address the issue. In cases exceeding their authority or unable to handle independently, the voting must be temporarily halted, the Election Team must seal and strictly manage the ballot boxes, ballots, and related documents, report promptly to the Election Board for resolution measures, and take necessary actions to continue the voting process.

e) The Election Team must stamp "Voted" on the Voter Card of voters who have completed their voting.

4. Some points to note on election day

a) During the voting process, members of the Election Team must be courteous, provide detailed guidance to voters participating in the voting. Members of the Election Team assigned specific tasks on election day must proactively perform their assigned duties and support other members in fulfilling the common tasks of the Election Team.

b) The Election Team guides voters on how to cast their votes. If voters do not trust any candidate, they should draw a horizontal line across both the surname and given name of the candidate (crossing out the line of the candidate's name); do not circle; do not mark on the ballot; do not write additional information; do not write the name of anyone outside the list of candidates on the ballot; do not vote more than the number of deputies specified on the ballot; do not leave the ballot blank for surplus candidates (without crossing out any candidate's name) or cross out all candidates on the ballot.

c) In case auxiliary ballot boxes need to be used, the Head of the Election Team is responsible for checking the number of ballots distributed to members of the Election Team to carry along with the auxiliary ballot box to sick, elderly, disabled voters; people under temporary detention, people serving compulsory educational measures or compulsory drug rehabilitation measures where the detention center or compulsory educational facility does not organize separate polling areas; people under temporary custody at a temporary detention facility; people under centralized social isolation at COVID-19 treatment facilities or other centralized isolation sites and people under home quarantine (if any); areas cut off due to natural disasters or floods to conduct voting due to inability to reach the polling booth. After these voters have completed voting, members of the Election Team must immediately return the auxiliary ballot box to the polling area. d) If voters request a new ballot due to damaged markings, the Election Team must collect the damaged ballot from the voter before issuing a new ballot.; not circled; not marked on the ballot; no additional writing; no entry of names outside the list of candidates on the ballot; not to vote more representatives than the number prescribed on the ballot; not to leave the ballot blank for ballots with surplus candidates (without striking out any candidate) or striking out all candidates on the ballot.

c) In cases where a supplementary ballot box must be used, the Head of the Election Team shall be responsible for checking the number of ballots distributed to members of the Election Team to carry along with the supplementary ballot box to voters who are sick, elderly, disabled; those temporarily detained, those serving compulsory educational measures or compulsory drug rehabilitation measures where the detention center or compulsory educational facility does not organize a separate voting area; those temporarily held at a temporary holding facility; those under centralized social isolation at COVID-19 treatment facilities or other centralized quarantine sites and those under home quarantine (if any); areas isolated due to natural disasters or floods to facilitate voting due to inability to reach the polling station. After these voters have completed their voting, the members of the Election Team must immediately return the supplementary ballot box to the polling place.

d) If a voter requests a replacement ballot due to a strike-out error, the Election Team must first retrieve the damaged ballot from the voter before issuing a new ballot.

d) When voters have a Voter Card and a Certificate for Voting at Another Polling Station issued by the People's Committee of the commune where they reside or by the commander of the military unit, their names shall be added to the voter list and they shall participate in voting at the polling station indicated on the certificate. The Election Team must guide such persons to the office of the People's Committee indicated on the certificate to be added to the voter list. The supplementary voter list must clearly identify those individuals eligible to vote for National Assembly deputies and provincial People's Council deputies. After the supplementary voter list has been confirmed by the People's Committee, the Election Team may distribute ballots to these voters; once these voters have completed voting, the Election Team must stamp "Voted" on their Voter Cards and Certificates for Voting at Another Polling Station. The Election Team must record the supplementary voter list separately for monitoring and data compilation after the voting concludes.

e) The Election Team shall not allow individuals without duties to enter the polling booth. No one may bring weapons, explosives, flammable materials, etc., into the polling location.

5. Conclusion of Voting and Organization of Ballot Counting

After the designated voting time has ended as stipulated by the Law on Elections of National Assembly Deputies and People's Council Deputies, the Election Team may open the ballot box to count the votes.

6. Assignment of Duties to Members During the Ballot Counting Process and Preparation of the Ballot Counting Minutes

a) The Election Team Leader assigns members of the Election Team into groups to carry out the ballot counting process. For Election Teams with sufficient members to form four groups, the assignments shall be as follows: Group for counting votes for National Assembly deputies; group for counting votes for provincial People's Council deputies; group for counting votes for district People's Council deputies; group for counting votes for commune People's Council deputies.

For Election Teams with insufficient members to form four groups, the Election Team Leader shall assign groups for counting votes for National Assembly deputies and People's Council deputies at various levels appropriately.

b) The Secretary of the Election Team shall prepare the minutes of the ballot counting results.

Article 11. Inventory, Inspection, and Classification of Ballots

1. Before opening the ballot box, the Election Team must inventory (count), seal unused ballots and spoiled ballots marked by voters (if any), and prepare a record of the use of ballots for the election of National Assembly deputies of the XVth term and People's Council deputies at various levels for the 2021-2026 term according to the model form issued by the National Election Council; all sealed ballots shall be sent to the People's Committee of the commune. - 2. Before opening the ballot box, invite two literate and reputable citizens from the local area who are not candidates for National Assembly deputies or People's Council deputies at various levels in that polling station to witness the opening of the ballot box. Candidates or their authorized representatives and journalists may observe the ballot counting process, but must ensure a safe distance for the Election Team to perform their duties.

3. The Election Team Leader opens the main ballot box and any auxiliary ballot boxes (if any) to begin the ballot counting process.

4. The Election Team classifies ballots according to the color of ballots for National Assembly deputies, the color of ballots for provincial People's Council deputies; the color of ballots for district People's Council deputies; the color of ballots for commune People's Council deputies; counts (inventory) the total number of ballots in the ballot box to determine the number of ballots received and hands over different types of ballots to the assigned groups of the Election Team to start the ballot counting process.

5. The Election Team checks the total number of ballots received against the total number of voters who participated in voting. If the total number of ballots received equals or is less than the total number of voters who participated in voting, the Election Team may proceed with the ballot counting process. In cases where the total number of ballots received exceeds the total number of voters who participated in voting, the Election Team must recheck; if the recheck still shows that the total number of ballots received exceeds the total number of voters who participated in voting, immediately seal the ballot box and report to the Election Board for resolution. In cases exceeding the authority of the Election Board to resolve, the Election Board must promptly report to the Election Commission for consideration and decision.

6. Valid ballots, invalid ballots, and the method of calculating the percentage of valid votes

a) A valid ballot is a ballot that contains the required number of candidates or fewer candidates than the number allowed to be elected as specified; it is issued by the Election Team;

b) An invalid ballot is a ballot that does not follow the prescribed format issued by the Election Team; a ballot without the stamp of the Election Team; a ballot listing more candidates than the number of positions available; a ballot marking out all candidate names; a ballot adding a name outside the list of candidates or a ballot containing additional content;

c) Percentage of valid votes: Number of valid votes / Total number of valid ballots.

7. At the beginning of the ballot counting process, the Election Team shall classify ballots into the following two categories:

a) Valid ballots.

b) Invalid ballots.

8. After completing the classification of ballots, the Election Team must record the results of the inspection of valid ballots and invalid ballots in the minutes of the ballot counting results.

9. The minutes of the ballot counting results for National Assembly deputies of the XVth term and the minutes of the ballot counting results for People's Council deputies at various levels for the 2021

2026 term of the Election Team according to the model form issued by the National Election Council. - 2026 of the Election Team according to the Model Form issued by the National Election Council.

Article 12. Counting votes for each candidate

 1. The vote counting for each candidate shall only be conducted with valid ballots. Valid ballots are classified into types, including: Type of ballot for one representative; type of ballot for two representatives; type of ballot for three representatives,... 5 ||| Type of ballot for one representative; type of ballot for two representatives; type of ballot for three representatives,...

2. The election team counts ballots according to the types of ballots specified in Clause 1 of this Article to determine the number of votes for each candidate.

3. To ensure accurate vote counting, the election team assigns at least three people to count ballots, including: one person to read, one person to record, and one person to check the reading and recording. The method of recording the number of votes for each candidate follows the pattern of drawing squares and diagonals sequentially, with every five votes forming a square with a diagonal.

Article 13. Sealing and managing ballots after vote counting

1. After vote counting and preparing the minutes of the vote counting results, the election team seals ballots according to the types of ballots for National Assembly representatives and People's Council representatives at various levels as follows:

a) The number of valid ballots.

b) The number of invalid ballots.

2. All sealed ballots as stipulated in Clause 1 of this Article must be placed in the ballot box by the election team and procedures for sealing the ballot box with the signature of the Team Leader and the Election Team Secretary sent to the People's Committee of the commune.

3. The People's Committee of the commune is responsible for managing all types of ballots from local election teams. During the period of managing ballots as prescribed by law on storage (at least five years), if there is no written opinion from the competent authority, the sealed ballots must not be opened and checked under any circumstances.

Article 14. Information and reporting system

The provincial election committee decides on the implementation of the information and reporting system of local election organizations to higher-level election organizations and competent authorities, ensuring truthfulness, objectivity, timeliness, and focusing on the following issues:

1. Political security situation and social order and safety, natural disasters, and epidemics in the locality during the election process.

2. Advantages and difficulties related to transportation, communication, weather affecting the election.

3. Number of voters casting ballots and progress of voter turnout.

4. Situations arising that require immediate guidance and reporting to address promptly (if any).

Article 15. Situations that may arise before, during, and after the election day

1. In case of a COVID-19 outbreak

The provincial election committee reports to the provincial People's Committee for consideration and guidance on organizing the election in accordance with current laws, with the spirit of localities proactively developing the best plans to deliver supplementary ballot boxes and ballots to these voters to receive ballots and conduct voting. At the same time, it requests the provincial People's Committee to direct measures to prevent and control the COVID-19 pandemic according to the Prime Minister's directives (No. 15/CT-TTg dated March 27, 2020, No. 16/CT-TTg dated March 31, 2020, and No. 19/CT-TTg dated April 24, 2020).

2. In case of severe floods, where terrain is cut off preventing voters from reaching polling stations, the election committees at all levels instruct the election teams to find the best plan to deliver supplementary ballot boxes and ballots to these voters to receive ballots and conduct voting.ê2. In case of severe floods, where terrain is cut off preventing voters from reaching polling stations, the election committees at all levels instruct the election teams to find the best plan to deliver supplementary ballot boxes and ballots to these voters to receive ballots and conduct voting.

3. In cases where situations arising in Clauses 1 and 2 of this Article have been resolved by local competent authorities but cannot be handled due to exceeding their authority, the provincial election committee reports to the National Election Council for consideration and decision on organizing elections in these areas.

Chapter IV

IMPLEMENTATION

Article 16. Responsibilities for Implementation

1. The Ministry of Home Affairs is the permanent agency, advising and assisting the Government within the scope and authority delegated to it and according to the division of labor by the National Election Council, guiding, organizing the implementation, and training the business skills for the organizational work of electing members of the 15th National Assembly and representatives of People's Councils at all levels for the 2021-2026 term in localities. - 2026 in localities.

2. The Department of Home Affairs (at provincial level), the Home Affairs Office or the Organization and Home Affairs Office (at localities implementing the consolidation and merger of specialized agencies pursuant to Conclusion No. 34-KL/TW dated August 7, 2018 and Resolution No. 18-NQ/TW dated October 25, 2017 of the Politburo) is the permanent agency and collaborates with the Vietnam Fatherland Front Committee at the same level to advise and assist the Provincial Election Committee and the District Election Committee in carrying out the election work in their locality.

3. Local People's Committees, organizations responsible for elections in localities, provincial Departments of Home Affairs, and District Home Affairs Offices or District Organization and Home Affairs Offices (for localities implementing the consolidation and merger of specialized agencies pursuant to Conclusion No. 34-KL/TW dated August 7, 2018 and Resolution No. 18-NQ/TW dated October 25, 2017 of the Politburo) are responsible for implementing this Circular.

4. Based on the provisions of this Circular, organizations responsible for elections shall assign specific tasks and authorities to each member of their own election responsibility organization.

5. During the implementation of this Circular, if there are arising issues or difficulties, the People's Committees and Provincial Election Committees shall promptly report to the Ministry of Home Affairs and central agencies guiding and directing elections for study and resolution.

Article 17. Effective Date

This Circular takes effect from the date of signature./.


Place of Receipt:
- National Election Council;
- Prime Minister, Deputy Prime Ministers;
- Provincial People's Councils, City People's Committees directly under the Central Government;
- Provincial Departments of Home Affairs under central cities;
- Central agencies of mass organizations;
- Central Party Office and its Departments;
- Ministries, agencies equivalent to ministries, and agencies under the Government;
- Office of the National Election Council;
- National Assembly's Office;
- Delegation Work Committee of the Standing Committee of the National Assembly;
- President's Office;
- Supreme People's Procuracy;
- Supreme People's Court;
- Official Gazette, Central Portal Website;
- Legal Normative Documents Inspection Department, Ministry of Justice;
- Minister Le Vinh Tan (for signature);
- Deputy Ministers of the Ministry of Home Affairs;
- Ministry of Home Affairs' Electronic Information Portal;
- To be filed: VT, CQDP (5b).

THE MINISTER




Le Vinh Tan

FORM NO. 01

(Issued together with Circular No. 01/2021/TT-BNV dated January 11, 2021 of the Ministry of Home Affairs)

AREA OUTSIDE THE VOTING BOOTH

FORM NO. 02

(Issued together with Circular No. 01/2021/TT-BNV dated January 11, 2021 of the Ministry of Home Affairs)

AREA INSIDE THE VOTING BOOTH

Văn bản này đang được cập nhật văn bản gốc, vui lòng xem nội dung toàn văn và kiểm tra lại sau.

Tải văn bản

Văn bản này đang được cập nhật văn bản gốc, vui lòng xem nội dung toàn văn và kiểm tra lại sau.

Bản đồ quan hệ

01/2021/TT-BNV
Circular No. 01/2021/TT-BNV guiding the procedures for organizing elections of members of the National Assembly, term XV, and members of People's Councils at all levels, term 2021-2026.
In effect

Bấm vào một văn bản để mở. Viền đỏ = quan hệ làm thay đổi hiệu lực.