Ordinance No. 1/LCT On the Election of People's Councils at All Levels

 

 

ORDINANCE

ON THE ELECTION OF THE PEOPLE'S COUNCILS AT ALL LEVELS

Pursuant to the Constitution of the Democratic Republic of Vietnam;

In order for the people to exercise their right to be masters of the country and to build state power institutions at their localities,

The Standing Committee of the National Assembly promulgates the regulations on the election of People's Councils at all levels as follows:

PART I

GENERAL PRINCIPLES

Article 1

The election of representatives to the People's Councils at all levels shall be conducted according to the principles of universal suffrage, equality, direct voting, and secret ballot.

Article 2

Citizens of the Democratic Republic of Vietnam, regardless of ethnicity, lineage, gender, social stratum, religion, belief, property status, educational level, profession, period of residence, who are 18 years old or older have the right to vote, and those who are 21 years old or older have the right to nominate themselves as candidates for representatives to the People's Councils at all levels.

Article 3

Citizens serving in the military have the right to vote and nominate themselves as candidates for representatives to the People's Councils at all levels according to Article 2 of this Ordinance.

Article 4

Those persons whose right to vote and nomination has been deprived by the court or the law, and those who are mentally incapacitated do not have the right to vote and nominate themselves as candidates for representatives to the People's Councils at all levels.

Article 5

The expenses for organizing the election of representatives to the People's Councils at all levels shall be borne by the State budget.

PART II

Voters who are students, pupils, and trainees at vocational schools, universities, colleges, and specialized secondary schools, and voters who are military personnel in military units are included in the voter list to vote for provincial and district-level People's Council deputies in their temporary residence or garrison locations.

Article 6

When compiling the voter list, all citizens who have the right to vote for representatives to the People's Councils at all levels shall be registered on the voter list at their place of residence.

Each voter may only be listed in one voter list.

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

The voter list shall be compiled by the administrative committees of towns, wards, towns, and villages according to the polling districts.

The voter list of units in the armed forces and the people's armed police shall be compiled by the command boards of these units for each polling district.

Article 8

At least 30 days before the election day, the voter list must be posted at the offices of the administrative committees of towns, wards, towns, and villages or in public places within the polling districts. Simultaneously, it must be announced to the people so that they can participate in checking the list.

Article 9

When checking the voter list, if any errors or omissions are found, within 20 days from the date of posting, the people have the right to lodge complaints or report orally or in writing to the agency compiling the list. The agency compiling the voter list must record all complaints and reports in a book. Within three days from the date of receiving the complaint or report, the agency compiling the list must resolve it.

If the complainant or reporter disagrees with the resolution, they have the right to appeal to the People's Court of the district, province, town, ward, or city. Within three days from the date of receipt of the appeal, the aforementioned People's Courts must resolve it; the decision of the People's Court is final.

Article 10

From the date of publication of the voter list until the election day, if a voter changes their place of residence, they have the right to request a certificate from the administrative committee of their place of residence to be registered on the voter list and participate in voting at their new place of residence. When issuing the certificate, the administrative committee must immediately note next to the name of the voter in the voter list: "voting elsewhere."

CHAPTER III

NUMBER OF REPRESENTATIVES TO THE PEOPLE'S COUNCILS AT ALL LEVELS

Article 11

- Now, the number of representatives to the People's Councils at all levels is stipulated as follows:

1. People's Councils of towns and communes.

Towns and communes in the lowlands with up to 2,000 inhabitants shall elect 20 representatives; above 2,000 inhabitants, in addition to the 20 representatives allocated for the first 2,000 inhabitants, every additional 200 inhabitants shall elect one more representative, but the total number shall not exceed 35 representatives.

Towns and communes in the mountains and islands with up to 700 inhabitants shall elect 20 representatives; above 700 inhabitants, in addition to the 20 representatives allocated for the first 700 inhabitants, every additional 150 to 200 inhabitants shall elect one more representative, but the total number shall not exceed 35 representatives.

Towns and communes in the lowlands and mountains with over 6,000 inhabitants may elect up to 40 representatives, but the number of representatives of towns and communes shall not exceed the number of representatives of the higher-level People's Council.

Communes with less than 300 inhabitants may elect fewer than 20 representatives.

2. People's Councils of wards.

Wards with up to 20,000 inhabitants shall elect 30 representatives; above 20,000 inhabitants, in addition to the 30 representatives allocated for the first 20,000 inhabitants, every additional 2,500 inhabitants shall elect one more representative, but the total number shall not exceed 50 representatives.

3. People's Councils of towns.

Towns with up to 10,000 inhabitants shall elect 30 representatives; above 10,000 inhabitants, in addition to the 30 representatives allocated for the first 10,000 inhabitants, every additional 1,500 inhabitants shall elect one more representative, but the total number shall not exceed 50 representatives.

4. People's Councils of counties and provinces.

Counties in the lowlands with up to 50,000 inhabitants shall elect 35 representatives; above 50,000 inhabitants, in addition to the 35 representatives allocated for the first 50,000 inhabitants, every additional 4,000 inhabitants shall elect one more representative, but the total number generally shall not exceed 50 representatives.

Provinces and counties in the mountains and islands with up to 10,000 inhabitants shall elect 30 representatives; above 10,000 inhabitants, in addition to the 30 representatives allocated for the first 10,000 inhabitants, every additional 1,500 to 20,000 inhabitants shall elect one more representative, but the total number shall not exceed 50 representatives.

5. People's Councils of provinces.

Provinces in the lowlands with up to 250,000 inhabitants shall elect 50 representatives; above 250,000 inhabitants, in addition to the 50 representatives allocated for the first 250,000 inhabitants, every additional 20,000 inhabitants shall elect one more representative, but the total number shall not exceed 120 representatives.

Provinces in the mountains with up to 80,000 inhabitants shall elect 50 representatives; above 80,000 inhabitants, in addition to the 50 representatives allocated for the first 80,000 inhabitants, every additional 10,000 inhabitants shall elect one more representative, but the total number shall not exceed 120 representatives.

6. People's Councils of cities.

Cities with up to 60,000 inhabitants shall elect 50 representatives; above 60,000 inhabitants, in addition to the 50 representatives allocated for the first 60,000 inhabitants, every additional 10,000 inhabitants shall elect one more representative, but the total number shall not exceed 140 representatives.

7. People's Councils of autonomous regions.

Autonomous regions shall elect one representative for every 2,000 to 10,000 inhabitants, but the total number shall not exceed 150 representatives.

8. People's Councils of Hongguang District and Vinhlinh Region.

The number of representatives to the People's Council of Hongguang District is stipulated as for cities.

The number of representatives to the People's Council in the Vinh Linh region shall be determined according to the regulations applicable to southern provinces.

Article 12

For localities with many ethnic minorities living intermixed, industrial zones, or state farms, in order for ethnic minority groups and workers to have an appropriate number of representatives in the People's Council, the Government may adjust the aforementioned ratios within the maximum limits prescribed.

PART IV

ELECTORAL UNITS AND VOTING AREAS

Article 13

Representatives to People's Councils at all levels are elected from electoral units.

The electoral unit for village-level People's Council representatives is a hamlet or a cluster of villages.

The electoral unit for town-level People's Council representatives is a street or a cluster of villages.

The electoral unit for city-level People's Council representatives is a cluster of precincts or a cluster of villages (if there are villages outside the city).

The electoral unit for ward-level People's Council representatives is a precinct or a cluster of precincts.

The electoral unit for district or county-level People's Council representatives is a village or a cluster of villages and towns.

The electoral unit for provincial-level People's Council representatives is a district, city, or town (if there is a provincial city).

The electoral unit for municipal-level People's Council representatives is a ward in the inner city and a district in the outer city.

The electoral unit for autonomous region-level People's Council representatives is a district or a cluster of districts, county, and city.

Among the aforementioned electoral units, those electing ten or more representatives may be divided into two or more electoral units.

Article 14

The number of electoral units for autonomous region-level, central city-level, and centrally-administered provincial-level People's Council representatives, the list of such units, and the number of representatives for each unit shall be proposed by the Autonomous Region Administrative Committee, Central City Administrative Committee, and Centrally-Administered Provincial Administrative Committee respectively, and approved by the Government.

The number of electoral units for centrally-administered provincial-level, autonomous region-level, district, county, provincial city, city, ward, town, and village-level People's Council representatives, the list of such units, and the number of representatives for each unit shall be proposed by the respective level administrative committees and approved by the higher-level administrative committee.

Article 15

Electoral units for People's Council representatives at any level must be announced by the respective administrative committee no later than forty days before the election day.

Article 16

To facilitate voter participation, each electoral unit may be divided into several polling areas, each including between five hundred and two thousand five hundred registered voters.

In particular, in mountainous, island, and similar areas where hamlets and villages are far apart, even if the population does not reach five hundred people, a polling area may still be established.

Hospitals, maternity homes, convalescent homes, and homes for the disabled with fifty or more registered voters may organize separate polling areas.

Article 17

The division of polling areas is determined by the administrative committees of cities, wards, towns, and villages, and must be approved by the directly superior administrative committee.

Article 18

Military and public security forces will organize separate polling areas.

CHAPTER V

ELECTION COMMITTEE, ELECTION BOARD, POLLING STATION TEAM,

ELECTION SUPERVISION COMMITTEE, REPRESENTATIVE

TOWN AND VILLAGE PEOPLE'S COUNCIL

Article 19

The organizations responsible for electing People's Council representatives at each level include: Election Committee, Election Board, Polling Station Team.

Specifically, for the election of town and village-level People's Council representatives, in addition to these organizations, the district, county, provincial city, and city-level administrative committees may establish an Election Supervision Committee to assist and guide the election process in towns and villages.

Article 20

Election Committee.

At least forty days before the election day for People's Council representatives at any level, the respective administrative committee shall establish an Election Committee comprising representatives from political parties and mass organizations in the locality, to:

a) Monitor and urge the implementation of laws and regulations on the election of People's Council representatives in the locality;

b) Examine and resolve complaints from the public regarding the work of the Election Boards and Polling Station Teams;

c) Receive candidacy applications, compile and post candidate lists, examine and resolve complaints about the compilation of candidate lists;

d) Receive ballots from the respective administrative committee, distribute them to the Election Boards at least ten days before the election day;

đ) Receive and review the voting records sent by the Election Boards, prepare a record of the election results in the locality;

e) Announce the election results;

g) Transfer the administrative committee the summary election record and all related documents.

The Election Committee consists of seven to twenty-one members. The Committee elects a chairman, one or more vice-chairmen, and one or more secretaries.

The list of members of the Election Committee at the autonomous region, central city, and centrally-administered provincial levels must be approved by the Government.

The list of members of the Election Committees at other levels must be approved by the directly superior administrative committee.

Article 21

Election Board.

At least thirty days before the election day for People's Council representatives at any level, the respective administrative committee shall establish an Election Board in each electoral unit comprising representatives from political parties and mass organizations in the locality, to:

a) Monitor and urge the Polling Station Teams to comply with election laws and regulations;

b) Review the compilation and posting of voter lists;

c) Receive ballots from the Election Committee and distribute them to the Polling Station Teams at least seven days before the election day;

d) Monitor and urge the arrangement of polling rooms;

đ) Monitor the voting process in polling rooms;

e) Receive and review the ballot counting records sent by the Polling Station Teams, prepare a record of the election results in the electoral unit to send to the Election Committee.

The Election Board consists of five to fifteen members. The Board elects a chairperson, one or more vice-chairs, and one or more secretaries.

Article 22

Polling Station Team.

At least twenty days before the election day, the administrative committees of cities, wards, towns, and villages shall establish a Polling Station Team in each polling area comprising representatives from mass organizations in the locality, to:

c) Receiving election materials and ballots from the Election Board and distributing ballots stamped by the polling station to voters;

b) Arrange polling rooms and prepare ballot boxes;

c) Distribute ballots stamped by the Polling Station Team to registered voters;

d) Ensure order in the polling room;

đ) Count ballots and prepare a ballot counting record to send to the Election Board;

e) Transfer the ballot counting record and all ballots to the administrative committee of the city, ward, town, or village.

The Polling Station Team consists of five to eleven members. The Team elects a team leader, a deputy team leader, and one or more secretaries.

Military units and armed public security forces shall establish an Electoral Board at each polling area consisting of five to nine representatives from the military or armed public security forces, with the establishment period and duties as specified above.

Article 23

The Supervisory Council for the election of People's Council deputies in towns and communes.

Prior to the election day for People's Council deputies in towns and communes, the County Administrative Committee, District Administrative Committee, City Administrative Committee under province, and Municipal Administrative Committee may establish a Supervisory Council for the election of People's Council deputies in towns and communes at the county, district, city under province, or municipal level, comprising representatives of political parties and mass organizations in the locality, to:

a) Guide and inspect the implementation of laws and regulations on the election of People's Council deputies in towns and communes within the locality;

b) Receive and inspect the election records sent up by the Town and Commune Election Boards;

c) Examine and resolve complaints about the work of the Town and Commune Election Boards.

The Supervisory Council for the election of People's Council deputies in towns and communes shall consist of seven to fifteen members. The Council shall elect a chairman, one or more vice chairmen, and one or more secretaries.

The list of the Supervisory Council for the election of People's Council deputies in towns and communes must be approved by the higher-level Administrative Committee.

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

The Election Board, Electoral Committee, Electoral Group, and Supervisory Council for the election of People's Council deputies in towns and communes shall not campaign for candidates. These organizations shall cease their duties upon completion of the election.

Chapter VI

NOMINATION

Article 25

Each time there is an election for People's Council deputies, political parties and mass organizations may separately or jointly nominate candidates. Individuals have the right to self-nominate.

Article 26

Each candidate may only be listed for nomination in one electoral unit.

Article 27

Candidates shall not participate in the Election Board, Electoral Committee, Electoral Group, and Supervisory Council for the election of People's Council deputies in towns and communes.

Article 28

At least twenty-five days before the election day, political parties and mass organizations nominating candidates must submit to the Election Board:

1. A letter introducing the candidate;

2. A certificate confirming that the candidate meets the eligibility requirements;

3. Nomination forms of those introduced, containing name, age, occupation, place of origin, address, and place of nomination.

At least twenty-five days before the election day, individuals self-nominating must submit to the Election Board a nomination form and a certificate confirming eligibility.

Upon receiving nomination forms, the Election Board must issue a receipt.

Article 29

When the nomination period ends, the Election Board must prepare a list of candidates according to each electoral unit and publish it at least twenty days before the election day.

Article 30.

From the date the list of candidates is published, anyone who finds errors or omissions in the list has the right to lodge complaints or reports in writing or orally with the Election Board. The Election Board must record these complaints and reports in a book. Within three days of receiving the complaints and reports, the Election Board must resolve them; the decision of the Election Board is final.

Article 31

Political parties, mass organizations, and every Vietnamese citizen have the right, within the scope of the law, to freely promote through rallies, meetings, press, and other means to introduce candidates.

Candidates have the right to freely promote themselves within the scope of the law.

Chapter VII

ELECTION PROCEDURE

PART 1

ELECTION DAY

Article 32

The election of People's Council deputies at all levels must be conducted within a period of two months prior to and one month after the term of the previous People's Council begins.

Article 33

The election day must be a Sunday or holiday, and must be set and announced at least sixty days before the election.

The Government sets the election day for People's Council deputies in autonomous regions, centrally-administered cities, and centrally-administered provinces, and determines the time for conducting elections for People's Council deputies at other levels.

Based on this,

- The Administrative Committee of the North Vietnam Autonomous Region sets the election day for People's Council deputies in the autonomous region;

- The Administrative Committee of the Thai-Mèo Autonomous Region sets the election day for People's Council deputies in districts, municipalities, towns, and communes in the autonomous region;

- The Administrative Committee of the centrally-administered city, and the Provincial Administrative Committee set the election day for People's Council deputies in counties, cities under province, municipalities, wards, towns, and communes.

Article 34

In special cases where the election cannot be held within the time frame specified in Article 32, the Government must report to the Standing Committee of the National Assembly and request the Standing Committee of the National Assembly to examine and determine.

Article 35

At least fifteen days before the election day, the Electoral Group must regularly inform voters of the election day, polling place, and voting time through postings, radio broadcasts, and other common means of communication in the locality.

PART 2

VOTING PROCEDURE

Article 36

Voting takes place from 7:00 AM to 7:00 PM. Depending on local conditions, the Electoral Group may decide to start earlier and end later than the specified times, but not beyond 10:00 PM.

Article 37

Voters must vote in person, and cannot delegate someone else to vote on their behalf, nor can they vote by mail.

Each voter has the right to cast only one vote.

Article 38

Illiterate or disabled voters who cannot write their ballots themselves may ask someone to write the ballot for them, but they must cast the ballot themselves; if they are unable to cast the ballot due to disability, the voter may ask someone to deposit the ballot into the ballot box.

Sick, elderly, or disabled voters who cannot go to the polling station may request the Electoral Group to bring the ballot box and ballots to their residence to vote. In such cases, the Electoral Group may organize a supplementary ballot box to collect ballots at the voter's residence.

Article 39

While a voter is writing their ballot, no one, including Electoral Group staff, may approach to watch.

Article 40

If a ballot is spoiled, the voter may request the Electoral Group to provide a new ballot.

Article 41

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

Article 42 |||

To ensure order during voting, everyone must follow the rules of the polling station.

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

When the voting time has ended and some voters are still present in the polling station, they should be allowed to complete their voting before the voting is declared concluded.

Article 44 |||

On election day, voting must proceed continuously. If there is an unexpected situation that interrupts the voting process, the Election Committee must immediately reseal all ballots and ballot boxes and report to the Election Board, while also taking measures to overcome difficulties and continue the voting.

Article 45 |||

If for special reasons it is necessary to postpone the voting date, the Election Committee must promptly inform the Election Board to request the Election Council to consider and determine.

Chapter VIII

ELECTION RESULTS

PART 1

COUNTING BALLOTS

Article 46 |||

Ballots must be counted and supervised in the polling station. During the counting, the Election Committee must invite two voters who are not candidates to be present as witnesses.

Candidates or their authorized representatives and journalists, filmmakers, and photographers may observe the ballot counting.

Article 47 |||

The following ballots are invalid:

1. Not conforming to the prescribed ballot format issued by the Election Committee;

2. Without the stamp of the Election Committee;

3. Listing more candidate names than the number of representatives to be elected.

Article 48

In cases where ballots list one or more non-candidates, these names shall not be counted.

The Election Team shall not erase or correct any names recorded on the ballots.

Article 49

When there is doubt about the validity of a ballot, the head of the Election Committee shall bring it before the entire committee for resolution.

Article 50

Complaints at the polling station regarding ballot counting received by the Election Team shall be handled and the resolution recorded in the minutes. If the Election Team cannot resolve them, they must be referred to the Election Board for resolution.

Article 51

After completing the ballot count, the Election Committee must prepare a record containing:

- Total number of voters;

- The number of voters who cast ballots;

- Number of valid ballots;

- Number of invalid ballots;

- The number of blank ballots;

- Number of votes cast for each candidate;

- Complaints and their resolutions, unresolved complaints.

The record is made in duplicate, signed by the head, secretary, and two invited voter witnesses. One copy is sent to the Election Board, and the other is sent to the Administrative Committee of the town, ward, township, or commune.

PART 2

ELECTION RESULTS AT THE ELECTORAL UNIT;

RE-ELECTION OR ADDITIONAL ELECTION

Article 52

Upon receiving the records from the Election Committees, the Election Board reviews them and determines the election results for the polling areas within its electoral unit.

The minutes must clearly state:

- The number of representatives to the People's Council allocated to the electoral unit;

- The number of candidates;

- Total number of voters in the electoral unit;

- The number of voters who cast ballots, the number of voters who did not cast ballots, and the ratio of voters who cast ballots to the total number of voters;

- Number of valid ballots;

- Number of invalid ballots;

- The number of blank ballots;

- Number of votes cast for each candidate;

- List of successful candidates;

- Resolved complaints by the Election Committee, resolved complaints by the Election Board, complaints referred to higher authorities for resolution.

The record is made in duplicate, signed by the chairperson, vice-chairperson, and secretary. One copy is sent to the Election Council, and the other is sent to the Administrative Committee at the same level as the Election Board.

Article 53

Candidates who receive more than half of the valid votes and have the most votes are elected; if multiple candidates have the same number of votes, the older candidate is elected.

Article 54

In the first election, if the number of elected candidates is less than the prescribed number of representatives, the Election Board must clearly note this in the record and immediately report to the Election Council to decide on the date for an additional election to fill the remaining seats, with the latest date being 15 days after the first election. In the additional election, voters can only choose from among those who ran but were not elected in the first round.

Article 55

In each electoral unit, if the number of votes cast does not exceed half of the registered voters, the Election Board must clearly note this in the record and immediately report to the Election Council to decide on the date for a re-election, with the latest date being 15 days after the first election. In the re-election, voters can only choose from among those who ran in the first round.

Article 56

Re-election or additional elections still follow the voter list established for the first election and must comply with the provisions set forth in this Ordinance.

CHAPTER IX

SUMMARY OF THE ELECTION

Article 57

After receiving the records from the Election Boards and resolving any complaints, the Election Council prepares a summary record of the election.

The Election Council announces the election results no later than:

- Five days after the election date for People's Councils of towns, wards, townships, and communes;

- Seven days after the election date for People's Councils of southern districts;

- Nine days after the election date for People's Councils of autonomous regions, mountainous districts, southern provinces, and cities;

- Twelve days after the election date for People's Councils of autonomous regions and mountainous provinces;

- Twenty days after the election date for People's Councils of autonomous regions.

Article 58

The summary record includes:

- The total number of People's Council members;

- Total number of candidates;

- Total number of voters;

- The number of voters who cast ballots, the number of voters who did not cast ballots, and the ratio of voters who cast ballots to the total number of voters;

- Number of valid ballots;

- Number of invalid ballots;

- The number of blank ballots;

- A list of elected individuals and the number of votes received by each elected individual;

- Important events that occurred and their resolution.

The record is made in duplicate, signed by the chairman, vice-chairmen, and secretary of the Election Council; one copy is sent to the Administrative Committee at the level responsible for electing the People's Council; the other copy is sent to the higher-level Administrative Committee. If it is an election for representatives of the People's Council of an autonomous region, a centrally-administered city, or a centrally-administered province, the record is sent to the Government; if it is an election for representatives of the People's Council of a town or commune, in addition to sending the record to the higher-level Administrative Committee, another copy must be sent to the Supervisory Council for the election of representatives of the People's Council of the town or commune.

After reviewing the records of the Election Council of towns and communes and resolving any complaints, the Supervisory Council for the election of representatives of the People's Council of towns and communes prepares an evaluation report and sends it to the Administrative Committee at the same level along with the file.

Article 59

At its first session, the People's Council appoints a Qualification Review Committee.

Based on the report of the Qualification Review Committee, the People's Council decides to confirm the qualifications of its own People's Council members.

Article 60

The Standing Committee of the National Assembly decides to nullify the election of People's Council representatives if there are serious illegalities. The Government sets the date for a new election.

Chapter X

PENALTIES FOR VIOLATIONS

RIGHT TO FREELY VOTE AND STAND AS A CANDIDATE

Article 61

Anyone who uses deceitful means, bribery, or coercion to obstruct citizens' right to freely vote and stand as a candidate may be warned or imprisoned, with the maximum sentence being two years.

Article 62

Any staff member of the Election Councils, Election Boards, Election Committees, Supervisory Councils for the election of representatives of the People's Council of towns and communes, and any staff member of administrative organizations who commits the crime of forgery, ballot tampering, or any other means to distort the election results may be warned or imprisoned, with the maximum sentence being three years.

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

Everyone has the right and duty to report any illegal acts during the election. Anyone who obstructs or retaliates against a reporter may be warned or imprisoned, with the maximum sentence being three years.

CHAPTER XI

FINAL PROVISIONS

Article 64

This Ordinance replaces Decree Law No. 004-SLt dated July 20, 1957.

                                                                              Ho Chi Minh

(Signed)