Circular No. 02/2016/TT-BNV guiding the business procedures for organizing the election of deputies to the XIVth National Assembly and representatives to the People's Councils at all levels for the 2016-2021 term.

CIRCULAR

Guidelines for the organizational work of electing representatives to the National Assembly and People's Councils at all levels for the 2016-2021 term Article 24The National Assembly, term XIV, and the representatives of the People's Council at all levels for the 2016 - 2021 term as follows:a Machine Tool Cold Repair

and representatives Hof People's Councils at all levels for the 2016-2021 term

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Pursuant to the Law on Elections of Members of the National Assembly and Members of People's Councils No. 85/2015/QH13;13;

Pursuant to the Law on Enacting Legal Normative Documents No. 17/2008/QH12;

Pursuant to Resolution No. 105/2015/QH13 of the National Assembly regarding the election day for the 14th term National Assembly representatives and representatives of People's Councils at all levels for the 2016-2021 term; establishment of the National Election Council;

Pursuant to Resolution No. 1129/2016/UBTVQH13 of the Standing Committee of the National Assembly on announcing the election day for the 14th term National Assembly representatives and representatives of People's Councils at all levels for the 2016-2021 term;

Pursuant to Decree No. 58/2014/NĐ-CP of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs.

The Minister of Home Affairs issues guidelines for the organizational work of electing representatives to the 14th term National Assembly and representatives of People's Councils at all levels for the 2016-2021 term as follows:a LOCAL ELECTION RESPONSIBILITIES

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

These guidelines provide guidance on the organizational work of electing representatives to the 14th term National Assembly and representatives of People's Councils at all levels for the 2016-2021 term at local levels, including: Organization and operation of election-related organizations and organizational work of these organizations before, during, and after the election day.

Article 2. Applicability

Election-related organizations for representatives to the 14th term National Assembly and representatives of People's Councils at all levels for the 2016-2021 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 implementing the election of representatives to the National Assembly and representatives of People's Councils at all levels.

Chapter II

ORGANIZATION AND OPERATIONS OF ELECTION-RELATED ORGANIZATIONS AT LOCAL LEVELS LOCAL ELECTION RESPONSIBILITIES

Article 3. Establishment, structure, composition, and tasks and powers of election-related organizations at local levels

1. The establishment, structure, composition, and tasks and powers of election-related organizations shall be implemented according to 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.

For localities currently piloting the non-establishment of People's Councils at district, town, and city levels, the establishment of election-related organizations at local levels shall be decided by the People's Committee at district, town, and city levels after reaching consensus with the Standing Committee of the Vietnam Fatherland Front Committee at the same level (the structure and composition of election-related organizations in these localities do not include representatives from the Standing Committee of the People's Council at the same level).

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

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

3. In cases where members of election-related organizations die, are disciplined, are prosecuted for criminal responsibility, or due to other reasons leading to vacancies in election-related organizations, based on 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 election-related organizations at their own level.

For changing or supplementing members of election-related organizations in localities currently piloting the non-establishment of People's Councils at district, town, and city levels, the People's Committee, after reaching consensus with the Standing Committee of the Vietnam Fatherland Front Committee at the same level, shall decide.

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

The Chairperson of the Provincial Election Board, the Chairperson of the District Election Board, the Chairperson of the Commune Election Board; the Head of the Election Board for National Assembly Representatives, the Head of the Election Board for People's Council Representatives at provincial, district, and commune levels, and the Head of the Polling Station (hereinafter collectively referred to as the heads of election-related organizations) shall be responsible for assigning specific duties and powers of each member of the election-related organization at their own level from the preparation stage, implementation, organization of election day, post-election activities until the end of the election. Among them, one member shall be assigned to be responsible for summarizing the overall election work of the Election Board and the Election Board.

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, election-related organizations may mobilize civil servants and employees of state agencies, public institutions, political organizations, political-social organizations, social organizations to assist election-related organizations according to the decision of the head of the election-related organization;

b) Election-related organizations shall organize the dissemination of the tasks and powers of each election-related organization as prescribed by the Law on Elections of Members of the National Assembly and Members of People's Councils; members of election-related organizations must be fully trained in skills and procedures for conducting elections of National Assembly and People's Council representatives, with particular emphasis on training for Polling Station members;

c) Election-related organizations shall perform tasks as prescribed by the Law on Elections of Members of the National Assembly and Members of People's Councils and report regularly on the progress of preparatory, implementation, and execution of election work to higher-level election-related organizations and competent authorities.

2. Responsibilities of members of election management organizations

a) The head of the election-related organization shall assign, urge, and inspect the performance of specific duties and powers for each member during the implementation of election work;

b) Members of election-related organizations shall be responsible for fully participating in skill and procedure training for conducting election work; they must understand and implement their assigned duties and powers correctly; they must be fair, impartial, and honest in performing their assigned tasks.

c) During the implementation of assigned tasks, members of the election responsibility organization must exchange and discuss work matters, evaluate and draw lessons from completed tasks of each member; the head of the election responsibility organization shall be responsible for directing and urging members to complete pending tasks and assigning members to carry out subsequent tasks of the election responsibility organization according to the progress of the 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 TASKS FOR NATIONAL ASSEMBLY DELEGATES

AND PEOPLE'S COUNCIL DELEGATES AT ALL LEVELS

Article 6. Arrangement of Polling Places

1. Depending on the material conditions at the local level such as cultural houses, conference halls, schools, etc., and based on the population density in the polling area, the Election Team selects an appropriate polling location (voting room) that ensures convenience for voters to participate in the election. The polling location must be solemnly decorated economically; entrances for voters entering the polling place and exits for voters after voting must be arranged.

2. The polling location includes: Entrance and exit gate, areas outside the voting room and inside the voting room must be decorated according to the model guidelines of the competent authority.

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

- The Election Team uses the entrance gate of the voting room or uses existing materials in the locality to make the entrance gate of the polling area;

- The area outside the voting room is where the voter list, candidate list and biographies, voting room regulations, election rules, National Assembly representative standards, and People's Council representative standards are posted; it is also the place for organizing the opening ceremony; the place to welcome voters coming to vote. This area may be arranged with tables and chairs for voters to wait before voting;

(The entrance and exit gate and areas outside the voting room are decorated according to Model No. 01 issued together with this Circular).

b) Areas inside the voting room

- The area inside the voting room must be arranged solemnly, with sufficient tables, chairs, writing pens, and necessary conditions for voters to vote; if there is a large hall, the opening ceremony can be organized 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 arranged according to the following diagram: At the beginning of the entrance is the guidance table, the table for voters to present their Voter Card and receive ballots; next are several tables for voters to fill out ballots, the ballot box location; the table to stamp "Voted" on the Voter Card to confirm that the voter has voted; the exit for voters after completing the voting process;

- Depending on the specific conditions of each voting room, the Election Team may post additional candidate lists, biographies, voting room regulations, election rules, National Assembly representative standards, and People's Council representative standards for voters to refer to before filling out ballots;

- The place where voters fill out ballots must have partitions to ensure that voters "vote 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 Team must assign team members to take turns guarding the polling location day and night before the election day and during the election day.

Article 7. Ballot Boxes

Preparing ballot boxes, the number and size of ballot boxes depend on the characteristics and conditions of each locality according to the specific guidelines of the Provincial Election Committee. Ballot boxes can be newly made or use existing election ballot boxes. Ballot boxes must be secure, neatly decorated, with the National Emblem affixed to the front face and the words "BALLOT BOX" below. In addition to the main ballot box, the Election Team must prepare a secondary 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 full number of ballots according to the voter list and the number of reserve 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 that the ballots listing candidates match the polling area of their own team and strictly manage the quantity 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. Voting room regulations, election rules, opening ceremony script.

8. Badges for members of the Election Team.

9. Office supplies (pens, paper, scissors, rulers, glue, inkpad, 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 Team Leader is responsible for overall management, directly directing activities within the voting room and the voting process, and managing the counting of votes;

b) The Secretary is responsible for managing documents and seals, preparing the minutes of the vote counting results;

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

d) Assigning members to be responsible for checking Voter Cards, comparing the voter list, marking the number of voters who have voted on the voter list, and distributing ballots stamped by the Election Team to voters;

đ) Assigning members to be responsible for guiding voters on how to vote and fill out ballots;

e) Assigning members to be responsible for duty at the table 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 in entering and exiting the voting room, receiving ballots, filling out ballots, and placing 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 and vote;

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) Voting room;

b) Place for posting the voter list, candidate list for National Assembly delegates, and candidate list for People's Council delegates;

c) Ballots ensuring correct 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 (paper, pens, sealing tape for ballot boxes, inkpad, backup lights, etc.) serving the election;

h) Voter list of the polling area, including clearly identifying voters who are sick, elderly, disabled; those currently under temporary detention, those undergoing compulsory educational measures or compulsory drug rehabilitation measures in detention centers or compulsory educational facilities without separate polling areas; those currently detained at a temporary detention center (if any) to plan delivering secondary 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 Committee must arrive before the opening ceremony to check the preparation work and ensure that the opening ceremony starts on time as prescribed. Voting begins at 7:00 AM and ends at 7:00 PM on the same day. Based on the actual situation in the locality, the Election Committee may decide to start voting earlier but not before 5:00 AM, or end later but not after 9:00 PM on the same day. After thoroughly checking all necessary conditions for the election day, the Election Committee 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:

- Hoisting the flag, stating the purpose, introducing representatives;

- Reading the opening speech;

- Reading the rules of the polling station;

- Checking the main ballot box and the auxiliary ballot box in the presence of voters; inviting two voters who are neither candidates for National Assembly deputies nor People's Council deputies at the polling station area to witness the ballot box inspection, then sealing the main ballot box and the auxiliary ballot box according to regulations;

- After completing the ballot box sealing procedures, the Chairperson of the Election Committee announces the start of the voting for the election of National Assembly deputies of the 14th term and People's Council deputies of the 2016-2021 tenure;

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) Voters must cast their votes themselves and cannot have others vote on their behalf. When entering the polling station, voters must present their Voter Card to receive ballots;

b) At the beginning of the voting, the Election Committee invites voters whose names are listed in the voter list, including leaders of local party committees and administrative authorities, persons with meritorious service to the revolution, religious dignitaries (if any), and the oldest voter present at the opening of the voting;

c) The voting process must be continuous. The Election Committee must regularly inform and guide voters to comply with the legal provisions on elections, election rules, and polling station rules; instruct voters on how to fill out ballots and vote; urge voters to actively exercise their electoral rights and obligations;

d) When voters write their ballots, no one, including members of the Election Committee, may look. If a voter makes a mistake when writing their ballot, they have the right to request a new ballot. If a voter cannot write their ballot themselves, they can ask someone else to write it for them (mark it for them), but the voter must cast the ballot themselves. The person writing the ballot must read aloud the full names of all candidates on the ballot so that the voter can make their own decision. The person writing the ballot must truthfully record the voter's wishes and ensure the secrecy of the ballot. After completing the ballot writing, the person must hand the ballot back to the voter so that the voter can cast it into the ballot box themselves. If a voter with disabilities cannot vote, they can ask someone else to cast the ballot for them;

đ) During the voting process, if any unusual situations occur that disrupt the voting, the Chairperson and members of the Election Committee must quickly consult to promptly address the issue. In cases exceeding their authority or where they cannot handle it themselves, they must promptly report to the Election Board for appropriate resolution. If the voting must be temporarily suspended, the Election Committee must seal and strictly manage the ballot boxes, ballots, and related documents, promptly report to the Election Board for appropriate resolution, and take necessary measures to continue the voting process;

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

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.

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

b) The Election Committee must instruct voters on how to vote. If a voter does not trust any candidate, they should draw a horizontal line across both the surname and given name of the candidate (covering the line of the candidate's name); they should not circle, cross out, underline, or overline the name of the candidate; they should not mark the ballot; they should not write additional names or names outside the list of candidates on the ballot; they should not exceed the number of representatives specified on the ballot; they should not leave the ballot blank for ballots with surplus candidates (without crossing out any candidate's name) or cross out all candidates on the ballot;

c) In cases where the auxiliary ballot box must be used, the Chairperson of the Election Committee is responsible for checking the number of ballots distributed to members of the Election Committee to carry along with the auxiliary ballot box to voters who are sick, elderly, disabled; those currently under temporary detention, undergoing compulsory educational measures, or compulsory drug rehabilitation measures at detention centers or compulsory educational facilities without separate polling stations; those detained at police holding facilities (if any) who cannot reach the polling station. After these voters have completed their voting, the member of the Election Committee must immediately return the auxiliary ballot box to the polling station;

d) If a voter requests a new ballot due to a mistake, the Election Committee must first collect the damaged ballot from the voter before issuing a new ballot;

đ) If a voter has 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 military unit commander, which allows them to be added to the voter list and participate in voting at the polling station, the Election Committee must guide them to the People's Committee of the commune to be added to the voter list. The supplementary voter list must clearly identify those eligible to vote for National Assembly deputies and provincial-level People's Council deputies. After receiving the supplementary voter list confirmed by the People's Committee of the commune, the Election Committee may issue ballots to these voters; once these voters have completed their voting, the Election Committee must stamp "Voted" on their Voter Card and Certificate for Voting at Another Polling Station. The Election Committee must keep a separate record of the supplementary voter list for monitoring and data compilation after the completion of the voting process.

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 committee assigns members of the election committee into groups to carry out the ballot counting. For election committees with sufficient members to form four groups, the assignment shall be carried out as follows: Group for counting ballots for National Assembly deputies; group for counting ballots for provincial People's Council deputies; group for counting ballots for district People's Council deputies; group for counting ballots for commune People's Council deputies.

For election committees without sufficient members to form four groups, the head of the election committee shall assign groups to count ballots for National Assembly deputies and People's Council deputies at all 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 committee must inventory and prepare an inventory record of the use of ballots for the election of National Assembly deputies of the 14th term and People's Council deputies at all levels for the 2016-2021 tenure according to Model No. 31/BCĐBQH&BCĐBHĐND (issued together with Resolution No. 41/HĐBCQG of the National Election Council).

2. Invite two voters who can read, have credibility among the people in the locality, and are not candidates for National Assembly deputies or People's Council deputies at all levels in that polling station to witness the opening of the ballot box. Candidates or their authorized representatives and journalists may witness the ballot counting process of the election committee.

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.

4. The election committee shall classify 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; inventory (count) the total number of ballots in the ballot box to determine the number of ballots received and hand over various types of ballots to the assigned groups of the election committee to begin the ballot counting process.

5. The election committee shall check 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 number of voters who participated in voting, the election committee may proceed with the ballot counting. In case the total number of ballots received exceeds the total number of voters who participated in voting, the election committee must recheck; if the recheck still results in the total number of ballots received exceeding 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 to resolve, the Election Board must promptly report to the Election Committee for consideration and decision.

6. When starting the ballot counting process, the election committee shall classify ballots into the following two categories:

a) Valid 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.

7. After completing the classification of ballots, the election committee must record the results of checking valid ballots and invalid ballots in the ballot counting result record.

8. The election committee's record of the ballot counting results for National Assembly deputies of the 14th term according to Model No. 20/BCĐBQH and the election committee's record of the ballot counting results for People's Council deputies according to Model No. 25/BCĐBHĐND (issued together with Resolution No. 41/HĐBCQG of the National Election Council).

Article 12. Counting votes for each candidate

1. Ballot counting for each candidate is only conducted on valid ballots. Valid ballots must be classified into types, including: Type of ballot for one deputy; type of ballot for two deputies; type of ballot for three deputies,...

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 ballot counting, the election committee 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 votes for each candidate refers to drawing squares sequentially and a diagonal line, every five ballots forming one shape. .

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) Number of valid ballots;

b) The number of invalid ballots.

2. All ballots sealed as prescribed in Clause 1 of this Article must be placed in the ballot box by the election committee and procedures for sealing the ballot box with signatures of the head of the election committee and the election committee secretary must be sent to the People's Committee of the commune.

3. The People's Committee of the commune is responsible for managing various types of ballots from local election committees. During the management period of ballots, they must absolutely not open and inspect sealed ballots without written authorization from the competent authority.

Article 14. Information System, ||| reports

1. The provincial Election Committee decides on the implementation of information and reporting systems for election-related organizations in the locality to higher-level election-related organizations and competent authorities.

2. On election day, election-related organizations implement regular information and reporting every two hours. The content of information and reports focuses on the following issues:

a) Material and technical conditions serving the election day;

b) Advantages and difficulties related to transportation, communication, weather affecting the election;

c) The course of the election;

d) Number of voters participating in the election and progress of voter participation;

đ) Atmosphere of the election day, public opinion among the people about the election and candidates;

e) Political security and social order and safety situation in the locality during the election process;

g) Any emerging situations requiring guidance and resolution (if any).

Chapter IV

IMPLEMENTATION

Article 15. Responsibility for Implementation

1. The Department of Home Affairs (at the provincial level), the Office of Home Affairs (at the district level) is the permanent agency assisting the provincial Election Committee and the district Election Committee in implementing electoral work in the locality.

2. People's Committees at all levels, election-related organizations in the locality, the provincial Department of Home Affairs, and the district Office of Home Affairs are responsible for implementing this Circular.

3. Based on the provisions of this Circular, election-related organizations assign specific tasks and powers to each member of their own election-related organization.

4. During the implementation of this Circular, if there are any emerging issues or difficulties, the People's Committees and provincial Election Committees must promptly reflect them to the Ministry of Home Affairs and central agencies guiding elections for research and resolution.

Article 16. Effectiveness lImplementation

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