Circular No. 05/2011/TT-BNV guiding the organization and operation of organizations responsible for electing members of the National Assembly, term XIII, and electing members of People's Councils at all levels for the 2011-2016 term.

 

CIRCULAR

Guidelines for the organization and operation of election management organizations

for the thirteenth session National Assembly deputies and multi-level People's Council deputies

for the 2011-2016 term

Pursuant to the Law on Election of National Assembly Deputies 1997 (amended and supplemented in 2001);

Pursuant to the Law on Election of People's Council Deputies 2003;

Pursuant to the Law Amending and Supplementing Certain Provisions of the Law on Election of National Assembly Deputies and the Law on Election of People's Council Deputies 2010;

Pursuant to Resolution No. 1018 NQ/UBTVQH12 of the Standing Committee of the National Assembly dated January 21, 2011 on announcing the election date and establishing the Election Committee for the thirteenth session National Assembly deputies and multi-level People's Council deputies for the 2011-2016 term;

Pursuant to Decree No. 48/2008/NĐ-CP dated April 17, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

The Ministry of Home Affairs guides the organization and operation of election management organizations for the thirteenth session National Assembly deputies and multi-level People's Council deputies for the 2011-2016 term as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular guides the organization and operation of election management organizations for the thirteenth session National Assembly deputies and multi-level People's Council deputies for the 2011-2016 term at local levels.

2. For districts, towns implementing pilot programs without organizing People's Councils, the establishment of election management organizations for National Assembly deputies and People's Council deputies shall be carried out according to the guidance of the Standing Committee of the National Assembly.

Article 2. Applicability

Election management organizations for National Assembly deputies and multi-level People's Council deputies are established at provincial and centrally-administered city levels; district, town, and provincial city levels; commune, ward, and town levels; and at electoral units and polling stations.

Chapter II

ORGANIZATION AND OPERATION OF ELECTION MANAGEMENT ORGANIZATIONS

Article 3. Establishment of the Election Committee for National Assembly deputies and People's Council deputies and the Election Committee for People's Council deputies at the district and commune levels

1. Establishment of the Election Committee for National Assembly deputies and People's Council deputies at the provincial level:

a) The Election Committee for National Assembly deputies and People's Council deputies at the provincial level is established by the Provincial People's Committee after reaching consensus with the Standing Committee of the Provincial People's Council and the Standing Committee of the Provincial Front Organization.

b) The Election Committee for National Assembly deputies and People's Council deputies at the provincial level consists of twenty-one to thirty-one members including the Chairperson, Vice-Chairpersons, Secretary, and other members who are representatives of the Standing Committee of the People's Council, the People's Committee, the Front Organization, and relevant agencies and organizations;

c) The deadline for establishing the Election Committee for National Assembly deputies and People's Council deputies at the provincial level is no later than ninety-five days before the election day, i.e., no later than February 16, 2011;

d) The duties and powers of the Election Committee for National Assembly deputies and People's Council deputies at the provincial level are stipulated in Clause 4, Article 1 and Clause 4, Article 2 of the Law Amending and Supplementing Certain Provisions of the Law on Election of National Assembly Deputies and the Law on Election of People's Council Deputies 2010;

đ) After establishing the Election Committee for National Assembly deputies and People's Council deputies at the provincial level, the People's Committees of provinces and centrally-administered cities have the responsibility to report to the Standing Committee of the National Assembly, the Election Committee, and the Government (through the Ministry of Home Affairs) about the list of committee members along with their titles, phone numbers, fax numbers, and email addresses.

2. Establishment of the Election Committee for People's Council deputies at the district level:

a) The Election Committee for People's Council deputies at the district level is established by the District People's Committee after reaching consensus with the Standing Committee of the District People's Council and the Standing Committee of the District Front Organization;

b) The Election Committee for People's Council deputies at the district level consists of eleven to fifteen members including the Chairperson, Vice-Chairpersons, Secretary, and other members who are representatives of the Standing Committee of the People's Council, the People's Committee, the Front Organization, and relevant agencies and organizations;

c) The deadline for establishing the Election Committee for People's Council deputies at the district level is no later than ninety-five days before the election day, i.e., no later than February 16, 2011;

d) The duties and powers of the Election Committee for People's Council deputies at the district level are stipulated in Clause 4, Article 2 of the Law Amending and Supplementing Certain Provisions of the Law on Election of National Assembly Deputies and the Law on Election of People's Council Deputies 2010.

3. Establishment of the Election Committee for People's Council deputies at the commune level:

a) The Election Committee for People's Council deputies at the commune level is established by the Commune People's Committee after reaching consensus with the Standing Committee of the Commune People's Council and the Standing Committee of the Commune Front Organization;

b) The Election Committee for People's Council deputies at the commune level consists of nine to eleven members including the Chairperson, Vice-Chairpersons, Secretary, and other members who are representatives of the Standing Committee of the People's Council, the People's Committee, the Front Organization, and relevant agencies and organizations;

c) The deadline for establishing the Election Committee for People's Council deputies at the commune level is no later than ninety-five days before the election day, i.e., no later than February 16, 2011;

d) The duties and powers of the Election Committee for People's Council deputies at the commune level are stipulated in Clause 4, Article 2 of the Law Amending and Supplementing Certain Provisions of the Law on Election of National Assembly Deputies and the Law on Election of People's Council Deputies 2010.

Article 4. Establishment of Election Committees for National Assembly Deputies and People's Council Deputies

1. Establishment of Election Committees for National Assembly Deputies at each electoral unit for National Assembly deputies:

a) The Election Committee for National Assembly Deputies shall be established by the People's Committee of the province or centrally-administered city after reaching consensus with the Standing Committee of the People's Council and the Standing Committee of the Fatherland Front Committee at the same level;

b) The Election Committee shall consist of nine to fifteen members including a Chairperson, Deputy Chairpersons, a Secretary, and members who are representatives of the Standing Committee of the People's Council, the People's Committee, the Fatherland Front Committee at the same level, and relevant agencies and organizations;

c) The deadline for establishing the Election Committee shall not be later than sixty days before the election day, i.e., no later than March 23, 2011;

d) The duties and powers of the Election Committee shall be stipulated in Clause 5, Article 1 of the Law Amending and Supplementing Certain Provisions of the Law on Elections of National Assembly Deputies and People's Council Deputies.

2. Establishment of Election Committees for Provincial People's Council Deputies at each electoral unit for Provincial People's Council deputies:

a) The Election Committee for Provincial People's Council Deputies shall be established by the People's Committee of the province after reaching consensus with the Standing Committee of the People's Council and the Standing Committee of the Fatherland Front Committee at the same level;

b) The Election Committee for Provincial People's Council Deputies shall consist of eleven to thirteen members including a Chairperson, Deputy Chairpersons, a Secretary, and members who are representatives of state agencies, political-social organizations, and social organizations;

c) The deadline for establishing the Election Committee for Provincial People's Council Deputies shall not be later than forty-five days before the election day, i.e., no later than April 7, 2011;

d) The duties and powers of the Election Committee for Provincial People's Council Deputies shall be stipulated in Clause 2, Article 17 of the Law on Elections of People's Council Deputies 2003.

3. Establishment of Election Committees for District People's Council Deputies at each electoral unit for District People's Council deputies:

a) The Election Committee for District People's Council Deputies shall be established by the People's Committee of the district after reaching consensus with the Standing Committee of the People's Council and the Standing Committee of the Fatherland Front Committee at the same level;

b) The Election Committee for District People's Council Deputies shall consist of nine to eleven members including a Chairperson, Deputy Chairpersons, a Secretary, and members who are representatives of state agencies, political-social organizations, and social organizations;

c) The deadline for establishing the Election Committee for District People's Council Deputies shall not be later than forty-five days before the election day, i.e., no later than April 7, 2011;

d) The duties and powers of the Election Committee for District People's Council Deputies shall be stipulated in Clause 2, Article 17 of the Law on Elections of People's Council Deputies 2003.

4. Establishment of Election Committees for Commune People's Council Deputies at each electoral unit for Commune People's Council deputies:

a) The Election Committee for Commune People's Council Deputies shall be established by the People's Committee of the commune after reaching consensus with the Standing Committee of the People's Council and the Standing Committee of the Fatherland Front Committee at the same level;

b) The Election Committee for Commune People's Council Deputies shall consist of seven to nine members including a Chairperson, Deputy Chairpersons, a Secretary, and members who are representatives of state agencies, political-social organizations, social organizations, and representatives of voter groups in the locality;

c) The deadline for establishing the Election Committee for Commune People's Council Deputies shall not be later than forty-five days before the election day, i.e., no later than April 7, 2011;

d) The duties and powers of the Election Committee for Commune People's Council Deputies shall be stipulated in Clause 2, Article 17 of the Law on Elections of People's Council Deputies 2003.

Article 5. Establishment of Election Committees for National Assembly Deputies and People's Council Deputies

1. An Election Committee shall be established at each polling station to carry out the election work for National Assembly deputies and People's Council deputies at all levels:

a) The Election Committee shall be established by the People's Committee of the commune-level administrative unit after reaching consensus with the Standing Committee of the People's Council and the Standing Board of the Fatherland Front Committee at the same level;

b) The Election Committee shall consist of eleven to twenty-one members including the Chairperson, Vice-Chairperson, Secretary, and other members who are representatives from state agencies, political-social organizations, social organizations, and voter groups in the locality;

c) The latest date for establishing the Election Committee shall not be later than thirty-five days before the election day, i.e., no later than April 17, 2011;

d) The duties and powers of the Election Committee shall be stipulated in Clause 6, Article 1 and Clause 6, Article 2 of the Law Amending and Supplementing Certain Provisions of the Law on Elections of National Assembly Deputies and People's Council Deputies in 2010.

2. In places without commune-level administrative units or military units, the establishment of the Election Committee shall be carried out according to Clause 6, Article 1 of the Law Amending and Supplementing Certain Provisions of the Law on Elections of National Assembly Deputies and People's Council Deputies in 2010.

Article 6. Election Committees with Dual Responsibilities

For electoral units for People's Council deputies at the commune level that have only one polling station, the Election Committee shall concurrently perform the duties of the Election Committee.

Article 7. Changing, Supplementing, or Maintaining Members of Election Committees

If members of the Election Committee die, are disciplined, are criminally prosecuted, or due to other reasons result in vacancies among the members of the Election Committee, 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 Board of the Fatherland Front Committee at the same level, shall decide to change, supplement, or maintain the number of remaining members of the Election Committees at their respective levels.

Article 8. Assignment of Duties to Members of Election Committees

1. The heads of the Election Committees, including the Chairman of the Election Committee for National Assembly Deputies and People's Council Deputies at the provincial level; the Chairman of the Election Committee for People's Council Deputies at the district and commune levels; the Head of the Election Committee for National Assembly Deputies; the Heads of the Election Committees for People's Council Deputies at the provincial, district, and commune levels, and the Chairperson of the Election Committee shall be responsible for assigning specific duties and powers to each member of their respective Election Committees.

2. For the Election Committee for National Assembly Deputies and People's Council Deputies at the provincial level, the Chairman of the Election Committee shall assign Deputy Chairpersons to oversee specific areas or fields of work (elections of National Assembly Deputies, People's Council Deputies, and consultation work) in accordance with the requirements of the election work; the Secretary shall be responsible for general compilation.

Article 9. Activities of Election Committees for National Assembly Deputies and People's Council Deputies

1. Principles and Requirements for Activities:

a) The Election Committees shall operate under the principle of democratic centralism; meetings shall be held when at least two-thirds of the total number of members are present; decisions shall be passed when more than half of the members voting agree;

b) During the course of activities, the Election Committees and their members must comply strictly with the duties and powers prescribed by law and the implementation guidelines issued by higher authorities;

c) Specific duties and powers of each member of the Election Committees shall be assigned from the preparatory stage, implementation, organization of the election day, announcement of election results, and completion of election work.

2. Activities of the Election Committees:

a) Based on specific conditions, the Election Committees may mobilize civil servants from state agencies, political-social organizations, and social organizations to assist according to the decision of the head of the Election Committee;

b) Authorities responsible for establishing the Election Committees shall select individuals with good political and moral qualities, trusted by the masses, knowledgeable about laws, and experienced in election work to participate in the Election Committees;

c) After establishment, the Election Committees must organize the dissemination of the duties and powers of each Election Committee as stipulated in the Law on Elections of People's Council Deputies in 2003 and the Law Amending and Supplementing Certain Provisions of the Law on Elections of National Assembly Deputies and People's Council Deputies in 2010;

d) Train the skills and procedures for conducting elections of National Assembly Deputies and People's Council Deputies for members of the Election Committees at their respective levels, particularly focusing on thorough training for members of the Election Committee;

đ) On election day, members of the Election Committee must wear badges of the Election Committee and fulfill their assigned responsibilities and tasks;

e) The Election Committees shall implement a regular reporting system regarding the preparation, implementation, and organization of election work to the competent authority directly above them.

3. Responsibilities of Members of the Election Committees:

a) The head of the Election Committee must be familiar with the provisions of the Law regarding the duties and powers of the committee they oversee to assign specific duties and powers to each member and supervise their implementation during the election process;

b) Members of the Election Committees must be trained, guided, and provided with relevant materials related to their duties and procedures for organizing election work; they must understand and fulfill their assigned responsibilities and powers accurately; they must be objective and honest in performing their assigned tasks.

Chapter III

IMPLEMENTATION

Article 10. Responsibility for Implementation

1. The People's Committees at the provincial, district, and commune levels; the Departments of Home Affairs of provinces and centrally-administered cities; the Home Affairs Offices of districts, counties, towns, and provincial cities are responsible for implementing this Circular.

2. Pursuant to this Circular, each election-organizing organization shall specify the duties and authorities for each member of its organization. Depending on the specific conditions of each locality, issue internal regulations for each election-organizing organization.

3. During the implementation of this Circular, if any issues arise or difficulties occur, the People's Committees of provinces and centrally governed cities shall report to the Ministry of Home Affairs and central agencies guiding elections for study and resolution.

Article 11. Effective Date

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