The Law on Election of People's Council Deputies stipulates principles, eligible voters, number of deputies, election organization, voter lists, candidacy and negotiation, voting procedures, ballot counting, election results, and handling violations. This Law applies to the election of People's Council deputies at all levels.
Đối tượng áp dụng
Vietnamese citizens meeting the conditions, political-social organizations, state agencies, people's armed forces units, Vietnam Fatherland Front Committee.
Các điểm cốt lõi
- Citizens aged 18 years and older have the right to vote, and those aged 21 years and older have the right to run for election as People's Council deputies.
- The number of People's Council deputies is set according to specific provisions for each level.
- The Election Council, Election Board, and Polling Station are responsible for organizing elections, counting ballots, and announcing results.
- Candidates must submit their candidacy papers to the Election Council where they are running before 60 days.
- Voters may cast only one vote for each level of People's Council.
- Voting starts from 7 AM to 7 PM, not exceeding 24 hours.
- The election results for People's Council deputies must be announced within the prescribed time limit.
- Violations of election laws will be subject to disciplinary, administrative, or criminal penalties.
🌐 Tác động xã hội từ văn bản này
- Positive impact: Ensuring citizens' rights to vote and run for candidacy, enhancing democratic selection of representatives.
- Negative impact: May lead to fraud and bribery if not strictly controlled.
❓ Câu hỏi thường gặp
Who has the right to vote?
Vietnamese citizens aged 18 years and older have the right to vote.
Who can run for election as a People's Council deputy?
Vietnamese citizens aged 21 years and older, who are not disqualified from voting rights, may self-nominate or be nominated for candidacy.
How is the number of People's Council deputies determined?
The number of deputies is determined according to specific provisions for each level: commune, ward, town; district, urban district, provincial city; province, centrally governed municipality.
When does voting start?
Voting starts from 7 AM to 7 PM on the same day. It may begin earlier or end later but not exceed 24 hours.
What rights do voters have to complain about candidates?
Voters have the right to lodge complaints or reports about candidates with the Election Board. If dissatisfied with the resolution of the Election Board, they may appeal to the Election Council.
Toàn văn
LAW
ELECTION OF DELEGATES TO THE PEOPLE'S COUNCIL
Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992, amended and supplemented by Resolution No. 51/2001/QH10 dated December 25, 2001 of the National Assembly, tenth session;
This Law stipulates the election of delegates to the People's Council.
PART I
GENERAL PROVISIONS
Article 1
The election of delegates to the People's Council shall be conducted according to on the principles of universal suffrage, equality, direct voting, and secret ballot.
Article 2
Citizens of the Socialist Republic of Vietnam, regardless of ethnicity, gender, social stratum, belief, religion, educational level, profession, or duration of residence, who are eighteen years old or older have the right to vote, and those twenty-one years old or older have the right to nominate themselves as candidates for delegates to the People's Council in accordance with the provisions of the law.
Article 3
Delegates to the People's Council must meet the following criteria:
1. Loyalty to the Socialist Republic of Vietnam, striving to implement the national renewal and development of the locality;
2. Possess good moral character, set a good example by complying with the law, actively combat all manifestations of bureaucracy, arrogance, favoritism, corruption, waste, and other violations of the law, protect the interests of the State, the rights and legitimate interests of citizens;
3. Have the qualifications and capacity to perform the duties of a delegate to the People's Council, have the ability to promote and mobilize family members and the people to implement policies and laws; understand the economic and social situation to participate in deciding important issues at the local level;
4. Maintain close ties with the people, listen to the opinions of the people, and be trusted by the people;
5. Have the conditions to participate in the activities of the People's Council.
Article 4
Citizens meeting the conditions and criteria specified in Article 2 and Article 3 of this Law may only be elected as delegates to the People's Council at no more than two levels; if they are currently representatives of the National Assembly, they can only be elected as delegates to the People's Council at one level.
Article 5
The Standing Committee of the National Assembly supervises the election of delegates to the People's Council, ensuring that the election proceeds democratically and in accordance with the law.
The Government directs the People's Committees at all levels to carry out the election work according to b. Submit to the Governor for the appointment of civil servants to ranks, determination of salaries, and increase in salary grades for civil servants according to the Delegation Regulations.
Article 6
The Central Committee of the Vietnam Fatherland Front guides the Vietnam Fatherland Front Committees at the local level to organize consultations to select and introduce candidates for delegates to the People's Council, and to participate in supervising the election of delegates to the People's Council.
, Clause 1, Clause 2 Article 7a of this Regulation.
The Standing Committee of the National Assembly sets and announces the date of the election of delegates to the People's Council at all levels.
The election day must be a Sunday and must be announced no later than one hundred and five days before the election day.
In special cases where it is not possible to conduct the election according to within the term of the People's Council, the Standing Committee of the National Assembly will consider and decide.
Article 8
The budget for organizing the election of delegates to the People's Council at all levels shall be guaranteed by the state budget.
PART II
NUMBER OF PEOPLE'S COUNCIL DEPUTIES, ELECTORAL UNITS AND
POLLING STATIONS
Article 9
The number of delegates to the People's Council at each level is determined as follows:
1. People's Councils of communes, wards, and towns:
a) Communes and towns in the lowlands with up to four thousand people elect twenty-five delegates, and for every additional two thousand people above four thousand, one additional delegate is elected, but the total number does not exceed thirty-five delegates;
b) Communes and towns in mountainous areas and islands with up to three thousand people elect twenty-five delegates, and for every additional one thousand people above three thousand, one additional delegate is elected, but the total number does not exceed thirty-five delegates; communes and towns with fewer than two thousand people elect nineteen delegates; communes and towns with fewer than one thousand people elect fifteen delegates;
c) Wards with up to eight thousand people elect twenty-five delegates, and for every additional four thousand people above eight thousand, one additional delegate is elected, but the total number does not exceed thirty-five delegates;
2. People's Councils of districts, urban districts, provincial cities, and provincial-level cities:
a) Districts in the lowlands and urban districts with up to eighty thousand people elect thirty delegates, and for every additional ten thousand people above eighty thousand, one additional delegate is elected, but the total number does not exceed forty delegates;
b) Districts in mountainous areas and islands with up to forty thousand people elect thirty delegates, and for every additional five thousand people above forty thousand, one additional delegate is elected, but the total number does not exceed forty delegates;
c) Provincial cities with up to seventy thousand people elect thirty delegates, and for every additional ten thousand people above seventy thousand, one additional delegate is elected, but the total number does not exceed forty delegates;
d) Provincial-level cities with up to one hundred thousand people elect thirty delegates, and for every additional ten thousand people above one hundred thousand, one additional delegate is elected, but the total number does not exceed forty delegates;
đ) For districts, urban districts, provincial cities, and provincial-level cities specified in points a, b, c, and d of Clause 2 of this Article, if there are thirty administrative units or more under their jurisdiction, they may elect more than forty delegates; the specific number is decided by the Standing Committee of the National Assembly based on the proposal of the Standing Committee of the People's Council of the province or centrally-administered city;
3. People's Councils of provinces and centrally-administered cities:
a) Provinces in the lowlands and centrally-administered cities with up to one million people elect fifty delegates, and for every additional fifty thousand people above one million, one additional delegate is elected, but the total number does not exceed eighty-five delegates;
b) Provinces in mountainous areas with up to five hundred thousand people elect fifty delegates, and for every additional thirty thousand people above five hundred thousand, one additional delegate is elected, but the total number does not exceed eighty-five delegates;
c) Hanoi and other centrally-administered cities with over three million people elect no more than ninety-five delegates.
Article 10
Delegates to the People's Council at all levels are elected according to from electoral constituencies. Each electoral constituency for the People's Council may elect no more than five delegates.
Article 11
The number of electoral constituencies for the People's Council of provinces and centrally-administered cities (hereinafter referred to as provincial level), the list of constituencies, and the number of delegates to be elected from each constituency are determined by the People's Committee at the provincial level and must be approved by the Government.
The number of electoral units for representatives of the People's Council at the district, town, city under province level (hereinafter referred to collectively as the district level), commune, ward, town (hereinafter referred to collectively as the commune level), the list of such units and the number of representatives to be elected in each unit shall be determined by the People's Committee at the same level and must be approved by the higher-level People's Committee.
Article 12
The list of electoral units for representatives of the People's Council at any level shall be sent by the People's Committee at that level to the Election Council at the same level. At least fifty days before the election day, the Election Council shall announce the list of electoral units.
Article 13
Each electoral unit is divided into several polling areas. Each polling area has from three hundred to four thousand voters.
in In mountainous, island areas, and places where residents are not concentrated, even if there are fewer than three hundred voters, a polling area may still be established.
The division of polling areas for the election of representatives of the People's Council at all levels shall be determined by the People's Committee at the commune level and must be approved by the higher-level People's Committee.
Military units establish separate polling areas.
Hospitals, nursing homes, a) Managing, using, and operating technical equipment in accordance with Articles 10, 11, and 12 of Decree No. 135/2021/NĐ-CP dated December 31, 2021, issued by the Government, stipulating the list, management, and use of technical equipment, and the procedures for collecting and using data obtained from technical equipment provided by individuals or organizations for detecting administrative violations (hereinafter referred to as Decree No. 135/2021/NĐ-CP); maternity homes, homes for the disabled with fifty or more voters can establish separate polling areas.
Educational institutions, treatment facilities for those serving administrative penalty decisions vi may establish separate polling areas.
Article 14
Based on the number of People's Council representatives to be elected, after reaching consensus with the Standing Committee of the Vietnam Fatherland Front Committee and the People's Committee at the same level, at least ninety days before the election day:
1. The Standing Committee of the People's Council at the provincial and district levels shall propose the structure, composition, and number of representatives to be elected from political organizations, political-social organizations, social organizations, economic organizations, military units, state agencies at their own level and lower administrative units, ensuring an appropriate number of female representatives; in areas with many ethnic minorities, it is necessary to ensure an appropriate number of ethnic minority representatives.
2. The Standing Committee of the People's Council at the commune level shall propose the structure, composition, and number of representatives to be elected from political organizations, political-social organizations, social organizations, economic organizations, military units, state agencies at their own level and villages, hamlets, villages, villages, neighborhoods, streets, wards (hereinafter referred to collectively as village neighborhoods) within their territory, ensuring an appropriate number of female representatives; in areas with many ethnic minorities, it is necessary to ensure an appropriate number of ethnic minority representatives.
CHAPTER III
ORGANIZATIONS RESPONSIBLE FOR ELECTIONS
Article 15
Organizations responsible for electing representatives of the People's Council include:
1. The Election Council;
2. The Election Board;
3. The Polling Station.
Article 16
1. At least ninety days before the election of representatives of the People's Council at all levels, 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, decides to establish the Election Council comprising representatives from the Standing Committee of the People's Council, the People's Committee, the Standing Committee of the Vietnam Fatherland Front Committee and other state agencies, political organizations, political-social organizations.
The Election Council for the provincial People's Council has from fifteen to twenty-one members.
The Election Council for the district People's Council has from eleven to fifteen person.
The Election Council for the commune People's Council has from nine to eleven person.
The Election Council elects the Chairman, Vice-Chairman, and Secretary.
The list of the provincial Election Council must be reported to the Standing Committee of the National Assembly, the Government, and the Central Committee of the Vietnam Fatherland Front. The list of the district and commune Election Councils must be reported to the Standing Committee of the People's Council, the People's Committee, and the Standing Committee of the Vietnam Fatherland Front Committee at the higher level.
2. The Election Council has the following tasks and powers:
a) Directing the organization of elections in the locality; inspecting and urging the implementation of legal provisions on elections; b) Directing the implementation of security
maintenance, public order, and social safety during the election in the locality; a) Managing, using, and operating technical equipment in accordance with Articles 10, 11, and 12 of Decree No. 135/2021/NĐ-CP dated December 31, 2021, issued by the Government, stipulating the list, management, and use of technical equipment, and the procedures for collecting and using data obtained from technical equipment provided by individuals or organizations for detecting administrative violations (hereinafter referred to as Decree No. 135/2021/NĐ-CP); c) Directing information, propaganda, and mobilization work for the election in the locality;
d) Receiving and examining the files of individuals introduced by political organizations, political-social organizations, social organizations, economic organizations, military units, state agencies, villages, and neighborhood committees in the locality to run for election as representatives of the People's Council, and sending a summary list and brief biography of candidates to the Standing Committee of the Vietnam Fatherland Front Committee at the same level;
đ) Resolving complaints and reports about election work from the Election Boards and Polling Stations;
e) Announcing the number of electoral units, the list of units, and the number of representatives to be elected in each electoral unit in the locality;
g) Receiving and announcing the list of candidates for representatives of the People's Council
in each electoral unit; resolving complaints and suggestions regarding the establishment of such lists; according to h) Receiving materials and ballots from the People's Committee
at the same level and distributing them to the Election Boards at least twenty-five days before the election day; i) Receiving and checking the minutes confirming the election results sent by the Election Boards; making minutes summarizing the election in the locality;
k) Directing additional and repeat elections
as prescribed in Articles 62, 63, 64, and 65 of this Law; according to l) Announcing the election results;
m) Submitting the minutes summarizing the election to the People's Council and transferring relevant files and materials on the election
as prescribed by this Law. according to 1. At least forty-five days before the election of representatives of the People's Council, 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, decides to establish an Election Board in each electoral unit.
Article 17
The Election Board for the provincial People's Council has from eleven to thirteen members.
The Election Board for the district People's Council has from nine to eleven
The Election Board for the commune People's Council has from seven to nine person.
Members of the Election Board include representatives from state agencies, political organizations, and political-social organizations. person.
The Election Board consists of representatives from state agencies, political organizations, and socio-political organizations. in At the commune level, the Election Board shall include representatives of local voter groups.
The Election Board elects its Chairperson, Vice-Chairperson, and Secretary.
2. The Election Board has the following duties and powers:
a) Supervising and urging the implementation of laws on elections by polling stations within the electoral unit;
b) Supervising and urging the compilation and posting of voter lists and the posting of candidate lists at polling stations within the electoral unit;
c) Supervising and urging the arrangement of voting rooms and election activities in those rooms;
d) Receiving election materials and ballots from the Election Council to distribute to polling stations within the electoral unit, no later than fifteen days before the election day;
đ) Resolving complaints and reports regarding election work by polling stations and complaints, reports, and suggestions about elections transferred by polling stations;
e) Receiving, compiling, and checking ballot counting records sent by polling stations; making a record to determine the election results in the electoral unit;
g) Transferring the record determining the election results and election files and documents as prescribed in Article 60 of this Law; according to h) Organizing additional or repeat elections as decided by the Election Council.
1. No later than thirty-five days before the election day for People's Council deputies, the Commune 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, decides to establish a polling station in each voting area consisting of five to nine members including representatives of social organizations and local voter groups. according to The polling station elects its Head, Deputy Head, and Secretary.
Article 18
In cases where the electoral unit has only one voting area, the Election Board will concurrently perform the duties of the polling station.
Military units establish a polling station in each voting area consisting of five to nine members including the Head, Deputy Head, Secretary, and other members who are representatives of command and military personnel.
2. The polling station has the following duties and powers:
a) Managing election work in the voting area;
b) Arranging voting rooms and preparing ballot boxes;
c) Receiving election materials and ballots from the Election Board and distributing ballots stamped by the polling station to voters;
d) Regularly informing voters of the election date, voting location, and voting time ten days before the election day;
đ) Ensuring strict compliance with the rules of the voting room;
e) Resolving complaints and reports regarding election work in the voting area;
g) Counting ballots and making a ballot counting record;
h) Transferring the ballot counting record, ballots, and other election-related documents as prescribed in Article 59 of this Law.
Organizations responsible for elections and their members may not campaign for candidates.
Organizations responsible for elections operate under a collective system; meetings are held when at least two-thirds of the total number of members are present. according to Decisions are passed when more than half of the total number of members vote in favor.
Article 19
The Vietnam Fatherland Front Committee, state agencies, political-social organizations, social organizations, economic organizations, and military units send their officials and staff to participate in election work according to the requirements of the Election Council, the Election Board, and the polling station, within their functional and operational scope, to facilitate and support organizations responsible for elections in performing their duties and powers as stipulated by this Law.
Article 20
The Election Council completes its tasks after submitting the election summary record and election files and documents at the first session of the new term of the People's Council. according to The Election Boards and polling stations complete their tasks after the Election Council announces the election results. VOTER LIST
Article 21
During the compilation of the voter list, all citizens eligible to vote for People's Council deputies are included in the voter list.
Article 22
Each voter is listed in only one voter list in the place of residence.
During the compilation of the voter list, individuals who have changed their place of residence within the administrative unit of a district are included in the voter list to vote for district and provincial-level People's Council deputies; those who have changed their place of residence within the administrative unit of a province are included in the voter list to vote for provincial-level People's Council deputies.
PART IV
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 23
The voter list is compiled by the Commune People's Committee in the voting area.
The voter list in military units is compiled by the Unit Command in the voting area; military personnel with permanent residence registration in the locality are included in the voter list of their place of residence. 1. Individuals currently deprived of their right to vote pursuant to a court judgment or decision that has taken legal effect, individuals currently serving a prison sentence, individuals currently under arrest, and individuals lacking civil capacity are not included in the voter list..
2. Individuals falling under the circumstances specified in Clause 1 of this Article, if they regain their right to vote, are released, or are confirmed by the competent authority to no longer lack civil capacity before twenty-four hours prior to the start of voting, shall be added to the voter list and issued voter cards.
3. If individuals already listed in the voter list lose their right to vote, are sentenced to imprisonment, are arrested, or lose their civil capacity before the start of voting, the Commune People's Committee shall remove them from the voter list and reclaim their voter cards. No later than thirty-five days before the election day, the organization compiling the voter list shall post the list at the office of the Commune People's Committee and in public places in the voting area, and widely announce the voter list and its posting for public verification. When verifying the voter list, if errors are found, any person may lodge a complaint orally or in writing with the organization compiling the voter list within twenty-five days from the date of posting.
"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 organization compiling the voter list must record these complaints in a logbook. according to polling district.
The list of voters in military units is established by the unit's command. according to polling district; military personnel with permanent residence registration in the locality shall be included in the voter list at their place of residence.
Article 25
1. Persons currently deprived of the right to vote. according to pursuant to judgments or decisions of courts that have taken legal effect, persons serving a prison sentence, those under temporary detention, and those who have lost their capacity for civil acts shall not be included in the voter list.
2. Persons falling under the provisions of Clause 1 of this Article, if they regain their voting rights, are released, or are confirmed by competent authorities not to be in a state of losing their capacity for civil acts before twenty-four hours prior to the start of voting, shall be added to the voter list and issued voter cards.
3. If a person listed on the voter list loses their voting rights due to a court decision, is required to serve a prison sentence, is detained temporarily, or has lost their capacity for civil acts at the time of the start of voting, the People's Committee of the commune shall remove such person from the voter list and reclaim their voter card.
Article 26
At least thirty-five days before the election date, the agency responsible for compiling the voter list must post the list at the People's Committee of the commune's office and in public places within the polling district, while widely announcing the voter list and the posting for public verification.
Article 27
When reviewing the voter list and finding errors, any individual may lodge a complaint orally or in writing with the agency responsible for compiling the voter list within twenty-five days from the date of posting. The agency responsible for compiling the voter list must record these complaints. Within five days from the date of receiving the complaint, the agency compiling the voter list must resolve it and notify the complainant of the resolution result.
If the complainant disagrees with the resolution, they have the right to appeal to the People's Court at the district level. This Circular takes effect from August 1, 2022./. Within five days from the date of receiving the appeal, the People's Court must complete the resolution. The decision of the People's Court is the final decision. This Circular takes effect from August 1, 2022./. From the time the voter list is posted until election day, if a voter changes their place of residence, they have the right to request a certificate from the People's Committee of the commune where they currently reside to be registered on the voter list and participate in voting at the new place of residence. When issuing the certificate, the People's Committee must immediately record next to the name of that person in the voter list: "Voting elsewhere." This Circular takes effect from August 1, 2022./. APPLICATION AND NOMINATION, NOMINEE INTRODUCTION
Article 28
From the date of posting 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 People's Committee of the commune where they reside to be included in the voter list and participate in voting at their new place of residence. Upon issuing the certificate, the People's Committee must immediately note next to the name of the person on the voter list: "Voting elsewhere."
CHAPTER V
NOMINATION AND NOMINATION FILE
Nominees introduced for candidacy and self-nominated candidates for People's Council representatives must submit their nomination file to the Election Committee where they are running for candidacy no later than sixty days before the election day.
PART 1
including:
Article 29
1. Nomination letter; 5. Certificate of archival business inspection results Administrative Procedure: Recognition of forest tree planting seed sources 2. Curriculum vitae certified by the People's Committee of the commune where they permanently reside or the organization, institution, unit where they work;
3. Brief biography and three color photographs measuring 4cm x 6cm.
After receiving and reviewing the files of self-nominated candidates and those nominated by organizations, institutions, units, if deemed valid according to this Law, the Election Committee will transfer the brief biography and list of nominees to the Standing Committee of the Vietnam Fatherland Front Committee at the same level.
Self-nominated candidates and nominees for People's Council representatives must be residents or regularly working in the respective locality.
Self-nominated candidates and nominees can only be listed for candidacy in one electoral unit and cannot participate in the Election Committee or Voting Team of the unit where they are running for candidacy.
Article 30.
The following persons are not eligible to run for candidacy as People's Council representatives:
1. Persons falling under the cases stipulated in Clause 1 of Article 25 of this Law;
Article 31
2. Persons who are being prosecuted for criminal offenses;
3. Persons who are serving a criminal sentence or decision of the Court;
4. Persons who have completed a criminal sentence or decision of the Court but have not yet had their criminal record expunged;
5. Persons who are serving a decision on administrative punishment for education at the commune, ward, town level, educational institution, medical facility, or are under administrative control.
Those whose names are included in the list of candidates for People's Council representatives and who, at the start of the election, are being prosecuted for criminal offenses, arrested for committing a crime on the spot, or have lost their civil capacity shall be removed from the list of candidates for People's Council representatives by the Election Committee and notified to voters.
NOMINATION AGREEMENT, NOMINEE INTRODUCTION vi The first negotiation meeting at each level is organized by the Standing Committee of the Vietnam Fatherland Front Committee at the same level no later than eighty-five days before the election day. The first negotiation meeting includes the Standing Committee of the Vietnam Fatherland Front Committee, representatives of leadership bodies of member organizations of the Fatherland Front. Representatives of the Election Committee, the Standing Committee of the People's Council, and the People's Committee at the same level are invited to attend this meeting.
At the provincial and district levels, the first negotiation meeting agrees on the structure, composition, and number of self-nominated and nominated candidates from political organizations, political-social organizations, social organizations, economic organizations, people's armed forces units, state agencies at the same level, and subordinate administrative units. At the commune level, the first negotiation meeting agrees on the structure, composition, and number of self-nominated and nominated candidates from political organizations, political-social organizations, social organizations, economic organizations, people's armed forces units, state agencies at the same level, and villages, residential wards within the area.
PART 2
The minutes of the negotiation meeting must clearly record the participants, number of attendees, proceedings, and results of the meeting.
ĐẠI BIỂU HỘI ĐỒNG NHÂN DÂN
Article 32
The minutes of the negotiation meeting at the provincial level are immediately sent to the Standing Committee of the National Assembly, the Government, the Central Committee of the Vietnam Fatherland Front, and the Standing Committee of the People's Council and the Election Committee at the same level. The minutes of the negotiation meeting at the district and commune levels are immediately sent to the Standing Committee of the People's Council, the People's Committee, the Vietnam Fatherland Front Committee at the higher level directly, and the Standing Committee of the People's Council and the Election Committee at the same level.
Based on the results of the first negotiation meeting as stipulated in Article 32 of this Law, no later than eighty days before the election day:
1. The Standing Committee of the People's Council at the provincial and district levels adjusts the structure, composition, and number of personnel from agencies, organizations, units in the locality who are nominated for candidacy, and self-nominated candidates for People's Council representatives at their own level; 2. The Standing Committee of the People's Council at the commune level adjusts the structure, composition, and number of personnel from agencies, organizations, units, villages, residential wards in the locality who are nominated for candidacy, and self-nominated candidates for People's Council representatives at their own level.
On the basis of the results of the first negotiation meeting and the adjustments made by the Standing Committee of the People's Council, in accordance with the criteria for People's Council representatives, the agencies, organizations, units, and villages, residential wards (at the commune level) allocate the number of representatives and proceed to introduce nominees for People's Council representatives. The introduction process is carried out as follows: 1. The leadership of political organizations, political-social organizations, social organizations proposes candidates from their organization for People's Council representatives,
Article 33
convening a meeting of the enlarged Standing Committee to discuss and introduce candidates from their organization for People's Council representatives based on the opinions of the voters' meeting where the candidate works.
1. The Standing Body of the Provincial People's Council and the District People's Council adjusts the structure, composition, and number of people from local agencies, organizations, and units recommended for candidacy, including self-nominated candidates for the People's Council at their level;
2. The Standing Body of the Commune People's Council adjusts the structure, composition, and number of people from local agencies, organizations, units, villages, and residential wards recommended for candidacy, including self-nominated candidates for the People's Council at their level.
Article 34
Based on the results of the first round of consultations and adjustments made by the Standing Body of the People's Council, and according to the criteria for People's Council delegates, the agencies, organizations, units, and villages (for communes) allocated the number of delegates will proceed to recommend candidates for People's Council delegates. The recommendation process is conducted as follows:
1. The leadership of political organizations, socio-political organizations, and social organizations proposes candidates from their own organization for People's Council delegates, organization then solicits comments from the meeting of voters where the candidate works. Based on the opinions of the voter meeting, the leadership convenes an expanded Standing Committee meeting to discuss and propose candidates from their organization for People's Council delegates;
2. The leadership of state administrative agencies, public service units, economic organizations shall coordinate with the Trade Union Committee of their agency to propose candidates for People's Council deputies, and organize meetings of voters where such candidates work to seek opinions. Based on the opinions of the voter meetings, the leadership of the agency shall organize a meeting including leaders of the agency, unit, organization, the Trade Union Committee, and representatives of subordinate unit leaders to discuss and introduce candidates for People's Council deputies from their own agency.
3. Leaders and commanders of people's armed units shall propose candidates for People's Council deputies from their own unit, and organize meetings of voters where such candidates work to seek opinions. Based on the opinions of the voter meetings, the leaders and commanders of the unit shall organize a meeting including leaders and commanders of the unit, representatives of the Trade Union Committee (if any), representatives of military personnel and direct subordinates' commanders to discuss and introduce candidates for People's Council deputies from their own unit.
4. The People's Front Work Group at village, residential ward shall propose candidates for People's Council deputies from their village, residential ward, and coordinate with village chiefs, residential ward chiefs to organize voter meetings to discuss and introduce candidates for People's Council deputies at the commune level.
The introduction of candidates for People's Council deputies at the commune level in villages and residential wards shall be guided by the Government in coordination with the Central Committee of the Vietnam Fatherland Front.
Article 35
Agencies, organizations, units introducing candidates for People's Council deputies must transfer the minutes of the voter meetings at the workplace and the expanded leadership meeting of their own agency, organization, or unit regarding discussions and introductions of candidates for People's Council deputies to the Standing Committee of the Vietnam Fatherland Front Committee at the level organizing the consensus conference.
The People's Front Work Group shall transfer the minutes of the voter meetings at the village, residential ward regarding discussions and introductions of candidates for People's Council deputies at the commune level to the Standing Committee of the Vietnam Fatherland Front Committee at the commune level.
Article 36
The second round of consensus conferences at each level shall be organized by the Standing Committee of the Vietnam Fatherland Front Committee at the same level, not later than fifty-five days before the election day. The participants and guests shall be the same as those in the first round of consensus conferences.
The consensus conference shall base on the criteria for People's Council deputies, the structure, composition, number of deputies, and the proposed candidates, self-nominated candidates to establish a preliminary list of candidates for People's Council deputies, send it to voters in their place of residence for comments on self-nominated candidates and candidates introduced by agencies, organizations, units, and send it to voters in their workplace (if applicable) for comments on self-nominated candidates and candidates introduced by villages, residential wards for People's Council deputies at the commune level. The process of collecting opinions shall be conducted according to as prescribed in Article 37 of this Law.
On the basis of the results of the first negotiation meeting and the adjustments made by the Standing Committee of the People's Council, in accordance with the criteria for People's Council representatives, the agencies, organizations, units, and villages, residential wards (at the commune level) allocate the number of representatives and proceed to introduce nominees for People's Council representatives. The introduction process is carried out as follows: 1. The leadership of political organizations, political-social organizations, social organizations proposes candidates from their organization for People's Council representatives,
Article 37
Voter meetings at communes, towns, townships shall be organized by village, residential ward by the Standing Committee of the Vietnam Fatherland Front Committee in coordination with the Standing Committee of the People's Council and the People's Committee at the same level to convene and chair.
Voter meetings at state administrative agencies, political organizations, socio-political organizations, social organizations, economic organizations, public service units shall be convened and chaired by the head of the agency or the head of the organization in coordination with the Trade Union Committee at the same level. Voter meetings at people's armed units shall be Military Personnel Meetings convened and chaired by the leaders and commanders of the unit.
Candidates for People's Council deputies who are introduced or self-nominated, and representatives of agencies, organizations, units, villages, residential wards having candidates shall be invited to attend these meetings.
At these meetings, voters shall compare the candidates with the criteria for People's Council deputies to express their trust or lack thereof by raising hands or secret ballot as decided by the meeting.
The minutes of voter meetings to collect opinions on candidates for People's Council deputies must clearly record the composition, number of attendees, proceedings, and results of the meeting. The minutes of voter meetings to collect opinions on candidates for People's Council deputies at which level shall be sent to the Standing Committee of the Vietnam Fatherland Front Committee at that level to prepare for the third round of consensus conferences.
The Central Committee of the Vietnam Fatherland Front shall coordinate with the Government to guide the procedures and processes for organizing voter meetings at workplaces and places of residence.
Article 38
Responsibilities for verifying and responding to issues raised by voters concerning proposed and self-nominated candidates are stipulated as follows:
1. For issues at the workplace, the agency, organization, or unit directly managing the candidate has the responsibility to verify and respond in writing to the Standing Committee of the Vietnam Fatherland Front Committee at the level organizing the consensus conference.
If the candidate is the head of the agency, organization, or unit, the superior agency, organization, or unit directly managing them shall have the responsibility to verify and respond. If there is no direct superior agency, organization, or unit managing them, the agency with authority to decide on the establishment of such agency, organization, or unit shall have the responsibility to verify and respond;
2. For issues in residential areas, the agency, organization, or unit proposing the candidate shall cooperate with the People's Committee at the commune level to verify and respond in writing to the Standing Committee of the Vietnam Fatherland Front Committee at the level organizing the consensus conference;
3. For self-nominated candidates for People's Council deputies at any level, the Election Council shall cooperate with the agency, organization, or unit directly managing the candidate or the People's Committee at the commune level where the candidate resides to verify and respond in writing to the Standing Committee of the Vietnam Fatherland Front Committee at the level organizing the consensus conference;
4. Not later than forty days before the election day, verification and responses to issues raised by voters concerning candidates as stipulated in this Article must be completed.
Article 39
The third round of consensus conferences at each level shall be organized by the Standing Committee of the Vietnam Fatherland Front Committee at the same level, not later than thirty-five days before the election day. The participants and guests shall be the same as those in the first round of consensus conferences.
The conference shall base on the criteria for People's Council representatives, structure, composition, and the number of self-nominated candidates and those nominated by agencies, organizations, units, and the results of collecting voters' opinions to select and establish the official list of candidates for People's Council representatives.
The minutes of the third negotiation meeting must clearly record the participants, the number of attendees, the proceedings, and the outcomes of the meeting.
PART 3
LIST OF CANDIDATES
Article 40
At least thirty days before the election day, the Standing Committee of the Vietnam Fatherland Front Provincial Committee must send the minutes of the third negotiation meeting and the official list of candidates for People's Council representatives to the National Assembly Standing Committee, the Government, the Central Vietnam Fatherland Front Committee, and the Standing Committee of the People's Council and Election Committee at the same level; the Standing Committee of the Vietnam Fatherland Front Committee at the district and commune levels must send the minutes of the third negotiation meeting and the official list of candidates for People's Council representatives to the Standing Committee of the People's Council, the People's Committee, the Vietnam Fatherland Front Committee at the higher level directly, and the Standing Committee of the People's Council and Election Committee at the same level.
Article 41
At least twenty-five days before the election day, the Election Committee must announce the list of candidates according to for each electoral unit.
At least twenty days before the election day, the Election Team must post the list of candidates according to announced by the Election Committee in polling areas.
Article 42 |||
The number of candidates for People's Council representatives in each electoral unit must be more than the number of representatives to be elected in that unit by at least two people, except in cases where candidates are absent due to force majeure as guided by the Government.
Article 43
1. From the date of announcing the list of candidates for People's Council representatives, citizens have the right to lodge complaints and denunciations about candidates; to lodge complaints and proposals regarding errors in compiling the list of candidates with the Election Board at that level. The Election Board must record in the logbook and resolve complaints, denunciations, and proposals according to within its jurisdiction.
In case the complainant, denunciator, or proposer does not agree with the resolution of the Election Board, they have the right to lodge complaints and proposals with the Election Committee. The decision of the Election Committee is the final decision.
2. Within ten days before the election day, the Election Committee and the Election Board will cease considering and resolving complaints, denunciations, and proposals about candidates and the compilation of the list of candidates. In cases where the complaints and denunciations clearly show that the candidate does not meet the criteria for People's Council representatives, the Election Committees at all levels will decide to remove the name of that person from the list of candidates before the election day and inform the voters.
3. Anonymous complaints and denunciations will not be considered or resolved.
4. The Election Committee transfers all unresolved complaint and denunciation files and complaints and denunciations that have been resolved but the parties still disagree to the Standing Committee of the People's Council of the new term for resolution within its jurisdiction.
PART 4
ELECTION CAMPAIGNING AND MOTIVATION
Article 44 |||
The Government directs information dissemination, propaganda, and voter mobilization work throughout vi the country. The Election Committee for People's Council representatives at all levels directs information dissemination, propaganda, and voter mobilization work in their respective localities.
Article 45 |||
State agencies, political organizations, political-social organizations, social organizations, people's armed forces units, and press agencies within vi their duties have the responsibility to disseminate information about elections.
Article 46 |||
Candidates for People's Council representatives whose names have been officially announced have the right to campaign through meetings and contacts with voters or through mass media according to the provisions of the law to report to voters their anticipated responsibilities if elected as People's Council representatives.
Meetings and contacts with voters are organized by the Standing Committee of the Vietnam Fatherland Front Committee.
Article 47 |||
Campaigning must be conducted democratically, equally, in accordance with the law, ensuring order, a) Managing, using, and operating technical equipment in accordance with Articles 10, 11, and 12 of Decree No. 135/2021/NĐ-CP dated December 31, 2021, issued by the Government, stipulating the list, management, and use of technical equipment, and the procedures for collecting and using data obtained from technical equipment provided by individuals or organizations for detecting administrative violations (hereinafter referred to as Decree No. 135/2021/NĐ-CP); throughout society and must end twenty-four hours before the start of voting.
Chapter VI
ELECTION PROCEDURE
Article 48
Voting begins from seven o'clock to nineteen o'clock on the same day. Depending on local conditions, the Election Team may decide to start voting earlier and finish later than the specified time, but not earlier than five o'clock and not later than twenty o'clock on the same day. If a polling area has achieved one hundred percent voter turnout, the Election Team can end voting early.
Before voting, the Election Team must check the ballot box in the presence of voters.
Article 49
Each voter has the right to cast one vote for each level of People's Council.
Voters must vote themselves, cannot ask others to vote on their behalf, except in cases stipulated in Article 50 of this Law; when voting, they must present their voter card.
Article 50
If a voter cannot write their ballot themselves, they may ask someone else to write it for them, but the voter must cast the ballot themselves. The proxy writer must ensure the secrecy of the voter's ballot. If a voter is disabled and unable to cast their ballot themselves, they may ask someone else to place the ballot in the ballot box.
In cases where voters are sick, elderly, or disabled and cannot go to the polling station, the Election Team will send a mobile ballot box and ballots to the voter's residence so that the voter can receive the ballot and vote.
Article 51
When a voter writes their ballot, no one is allowed to see it, including members of the Election Team.
If the ballot is spoiled, the voter has the right to exchange it for another ballot.
After a voter finishes casting their ballot, the Election Team is responsible for stamping "voted" on the voter's card.
Article 52
Everyone must comply according to with the rules of the polling station; no campaigning or voter mobilization is allowed at the polling station.
Article 53
When voting ends, if there are still voters present at the polling station who have not yet voted, the Election Team must wait until these voters have finished voting before declaring the end of the voting process.
Article 54
On election day, the voting process must be continuous. In case of unexpected events interrupting the voting process, the Election Team must immediately seal the papers and ballot box, promptly report to the Election Board, and take necessary measures to continue the voting process.
In special cases where it is necessary to postpone the voting date or conduct voting earlier than the specified date, the Election Team must promptly report to the Election Board for it to request the Election Council to submit to the competent authority for consideration and decision.
Chapter VII
ELECTION RESULTS
PART 1
COUNTING OF BALLOTS
Article 55
The ballot counting must be conducted in the polling room immediately after the end of the voting session.
Prior to opening the ballot box, the Election Team must tally, prepare a record, seal unused ballots, and invite two voters who are not candidates to witness the ballot counting.
Candidates, representatives of agencies, organizations, units, villages, or residential wards with candidates have the right to witness the ballot counting and lodge complaints about the ballot counting. Journalists are permitted to witness the ballot counting.
Article 56
The following ballots are invalid:
1. Ballots that are not ballots as prescribed by the Election Team; according to 2. Ballots without the stamp of the Election Team;
3. Ballots listing more candidates than the number of representatives to be elected by the electoral unit;
4. Ballots marking out all candidate names;
5. Ballots writing names outside the list of candidates, or additional writings on ballots.
If there are ballots suspected of being invalid, the head of the Election Team must bring them before the entire team for resolution.
Article 57
The Election Team shall not strike out or alter names written on ballots.
On-the-spot complaints regarding ballot counting received by the Election Team shall be handled and recorded in detail in the minutes.
Article 58
If the Election Team cannot resolve the issue, they must report to the Election Board for resolution. 1. After
Article 59
completing the ballot counting, the Election Team must prepare a ballot counting record. The ballot counting record must clearly state: a) The total number of voters in the polling area;
b) The number of voters participating in the voting;
c) The number of ballots issued;
d) The number of ballots
received; Do đó, để thực hiện nhiệm vụ bán đấu giá đối với các loại tài sản nhà nước trên đây, cơ quan tài chính có thể thành lập Hội đồng bán đấu giá tài sản hoặc thành lập đơn vị sự nghiệp để tổ chức bán đấu giá các loại tài sản nhà nước. Vì thế, việc thành lập đơn vị sự nghiệp thuộc Sở Tài chính để thực hiện các nhiệm vụ có tính chất dịch vụ về quản lý tài sản nhà nước, bao gồm cả việc bán đấu giá tài sản nhà nước là phù hợp với các quy định hiện hành của pháp luật và thuộc thẩm quyền quyết định của Chủ tịch UBND cấp tỉnh. Tuy nhiên, để đảm bảo phù hợp với quy định tại Điều 36 Nghị định số 05/2005/NĐ-CP của Chính phủ, khi lập Đề án thành lập đơn vị sự nghiệp, thì tên gọi của đơn vị sự nghiệp đề nghị không sử dụng cụm từ "dịch vụ bán đấu giá tài sản" hoặc "bán đấu giá tài sản". Đối với các địa phương đã thành lập Trung tâm mà trong tên gọi của Trung tâm có sử dụng những cụm từ "dịch vụ bán đấu giá tài sản" hoặc "bán đấu giá tài sản", đề nghị Sở Tài chính phối hợp với Sở Nội vụ báo cáo UBND tỉnh, thành phố quyết định thay đổi tên gọi cho phù hợp. e) The number of valid ballots;
f) The number of invalid ballots;
g) The number of votes cast for each candidate;
h) Complaints received, resolved complaints and their resolutions, and complaints transferred to the Election Board for resolution.
2. The ballot counting record is prepared in three copies, signed by the head, deputy head, and secretary of the Election Team, and the two invited voters witnessing the ballot counting, to be sent to the Election Board, People's Committee, and the Standing Committee of the Vietnam Fatherland Front at the commune, ward, or town level.
ELECTION RESULTS AT THE ELECTORAL UNIT 1. The Election Board reviews the ballot counting records of the Election Teams and prepares a record determining the election results at its electoral unit. The record determining the election results must clearly state:
PART 2
a) The number of People's Council representatives allocated to the electoral unit;
Article 60
b) The number of candidates;
c) The total number of voters in the electoral unit;
d) The number of voters participating in the voting and the ratio compared to the total number of voters;
e) The number of ballots issued;
f) The number of ballots
received;
g) The number of valid ballots; Do đó, để thực hiện nhiệm vụ bán đấu giá đối với các loại tài sản nhà nước trên đây, cơ quan tài chính có thể thành lập Hội đồng bán đấu giá tài sản hoặc thành lập đơn vị sự nghiệp để tổ chức bán đấu giá các loại tài sản nhà nước. Vì thế, việc thành lập đơn vị sự nghiệp thuộc Sở Tài chính để thực hiện các nhiệm vụ có tính chất dịch vụ về quản lý tài sản nhà nước, bao gồm cả việc bán đấu giá tài sản nhà nước là phù hợp với các quy định hiện hành của pháp luật và thuộc thẩm quyền quyết định của Chủ tịch UBND cấp tỉnh. Tuy nhiên, để đảm bảo phù hợp với quy định tại Điều 36 Nghị định số 05/2005/NĐ-CP của Chính phủ, khi lập Đề án thành lập đơn vị sự nghiệp, thì tên gọi của đơn vị sự nghiệp đề nghị không sử dụng cụm từ "dịch vụ bán đấu giá tài sản" hoặc "bán đấu giá tài sản". Đối với các địa phương đã thành lập Trung tâm mà trong tên gọi của Trung tâm có sử dụng những cụm từ "dịch vụ bán đấu giá tài sản" hoặc "bán đấu giá tài sản", đề nghị Sở Tài chính phối hợp với Sở Nội vụ báo cáo UBND tỉnh, thành phố quyết định thay đổi tên gọi cho phù hợp. e) The number of valid ballots;
h) The number of invalid ballots;
i) The number of votes cast for each candidate;
j) The list of successful candidates;
k) Complaints resolved by the Election Teams; complaints resolved by the Election Board; complaints transferred to the Election Council for resolution.
2. The record determining the election results is prepared in four copies, signed by the head, deputy head, and secretary of the Election Board to be sent to the Election Council, the Standing Committee of the People's Council, the People's Committee, and the Standing Committee of the Vietnam Fatherland Front at the same level.
Candidates receiving more than half of the valid votes and having the highest number of votes are declared successful. In cases where multiple candidates receive the same number of votes, the older candidate is declared successful.
Article 61
ADDITIONAL ELECTIONS AND RE-ELECTIONS In cases where multiple candidates receive the same number of votes, the older candidate is deemed elected.
PART 3
ADDITIONAL ELECTIONS AND RE-ELECTIONS
Article 62
In the first election, if the number of successful candidates has not reached two-thirds of the number of representatives already determined for the electoral unit, the Election Board must clearly record this in the minutes determining the election results and immediately report to the Election Council to decide on the date for the additional election of the remaining representatives. The additional election must be conducted no later than fifteen days after the first election day.
In the additional election, voters may only choose from the list of those who ran in the first election but were not successful. If the additional election still does not result in the required number of representatives, a second additional election will not be organized.
Article 63
in For any electoral unit where the number of voters participating in the election has not exceeded half of the total number of voters listed in the voter list, the Election Board must clearly record this in the minutes and immediately report to the Election Council. The Election Council decides on the date for a re-election, no later than fifteen days after the first election day.
In the re-election, voters may only choose from the list of those who ran in the first election. If the re-election still does not result in more than half of the total number of voters listed in the voter list participating, a second re-election will not be organized.
Article 64
The Standing Committee of the National Assembly cancels the election in the electoral unit at the proposal of the Government and decides on the date for a re-election in that electoral unit. vi The voter list for the additional election or re-election is based on the voter list established for the first election and
Article 65
The voter list for additional elections or re-elections is based on the voter list compiled for the initial election and the voter list compiled for the initial election and according to 1. At least forty-five days before the election of representatives of the People's Council, 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, decides to establish an Election Board in each electoral unit.
SECTION 4
SUMMARY OF THE ELECTION
Article 66
1. The Election Council checks the minutes determining the election results of the Election Boards, resolves complaints, and prepares the minutes summarizing the election of People's Council deputies in its administrative unit. The summary election minutes must include:
a) The total number of deputies determined for that level of the People's Council;
b) The total number of candidates;
c) The number of electoral units, polling areas;
d) The total number of voters;
đ) The number of voters who participated in voting, as a percentage of the total number of voters;
e) The number of ballots issued;
g) The number of ballots Do đó, để thực hiện nhiệm vụ bán đấu giá đối với các loại tài sản nhà nước trên đây, cơ quan tài chính có thể thành lập Hội đồng bán đấu giá tài sản hoặc thành lập đơn vị sự nghiệp để tổ chức bán đấu giá các loại tài sản nhà nước. Vì thế, việc thành lập đơn vị sự nghiệp thuộc Sở Tài chính để thực hiện các nhiệm vụ có tính chất dịch vụ về quản lý tài sản nhà nước, bao gồm cả việc bán đấu giá tài sản nhà nước là phù hợp với các quy định hiện hành của pháp luật và thuộc thẩm quyền quyết định của Chủ tịch UBND cấp tỉnh. Tuy nhiên, để đảm bảo phù hợp với quy định tại Điều 36 Nghị định số 05/2005/NĐ-CP của Chính phủ, khi lập Đề án thành lập đơn vị sự nghiệp, thì tên gọi của đơn vị sự nghiệp đề nghị không sử dụng cụm từ "dịch vụ bán đấu giá tài sản" hoặc "bán đấu giá tài sản". Đối với các địa phương đã thành lập Trung tâm mà trong tên gọi của Trung tâm có sử dụng những cụm từ "dịch vụ bán đấu giá tài sản" hoặc "bán đấu giá tài sản", đề nghị Sở Tài chính phối hợp với Sở Nội vụ báo cáo UBND tỉnh, thành phố quyết định thay đổi tên gọi cho phù hợp. e) The number of valid ballots;
h) The number of valid ballots;
i) The number of invalid ballots;
k) The number of votes cast for each candidate;
l) The list of successful candidates;
m) Complaints and accusations resolved by the Election Council;
n) Important events that occurred and their resolution.
2. The summary election minutes are prepared in six copies, signed by the Chairman, Vice Chairmen, and Secretary of the Election Council to be sent to the People's Council, People's Committee, Vietnam Fatherland Front Committee at the same level and the immediate higher level. The minutes of the election of provincial-level People's Council deputies are sent to the People's Council, People's Committee, Vietnam Fatherland Front Committee at the same level, the Standing Committee of the National Assembly, the Government, and the Central Vietnam Fatherland Front Committee. The Chairman, Vice Chairmen, and Secretary of the Election Council send the election results of People's Council delegates to the People's Council, People's Committee, Vietnam Fatherland Front Committee at the same level and the immediate higher level. The minutes of the election of People's Council delegates at the provincial level are sent to the People's Council, People's Committee, Vietnam Fatherland Front Committee at the same level, the Standing Committee of the National Assembly, the Government, and the Central Committee of the Vietnam Fatherland Front.
Article 67
The Election Council announces the election results, no later than:
a) Five days after the election day for the election of People's Council deputies at commune, ward, town levels;
b) Seven days after the election day for the election of People's Council deputies at southern mountain district, urban district, city under province levels;
c) Ten days after the election day for the election of People's Council deputies at northern mountain district and island district, province, centrally-administered city levels; fifteen days for northern mountain provinces.
Chapter VIII
SUPPLEMENTAL ELECTION OF PEOPLE'S COUNCIL DEPUTIES
Article 68
Supplementary elections for representatives to the People's Council during the term shall be conducted in the following cases:
1. Electoral units lacking representatives;
2. Administrative units newly merged, administrative units divided into several new administrative units, or administrative units whose level has changed and whose number of representatives to the People's Council is not yet sufficient as prescribed by law.
Supplementary elections may only be conducted when the number of representatives to the People's Council is no longer sufficient to reach two-thirds of the total number of representatives determined and when at least one-third of the term of the People's Council remains, except in special cases as guided by the Government.
The procedures for supplementary elections for representatives to the People's Council according to are stipulated in this Law and other relevant laws.
Article 69
The Standing Committee of the National Assembly decides on supplementary elections and announces the date of supplementary elections for provincial-level People's Council representatives.
The Standing Body of the provincial-level People's Council decides on supplementary elections and announces the date of supplementary elections for district-level and commune-level People's Council representatives.
The date of supplementary elections for People's Council representatives must be announced at least thirty days before the election day.
Article 70
At least twenty days before the supplementary election day for representatives to the People's Council at any level, the People's Committee, the Standing Body of the People's Council, and the Standing Committee of the Vietnam Fatherland Front Committee at that level establish a supplementary election committee consisting of three to five people. At least fifteen days before the supplementary election day, a supplementary election board consisting of three to five people, including representatives from state agencies, political organizations, and socio-political organizations, is established in each supplementary electoral unit.
The supplementary election committee elects a Chairperson and Secretary.
The supplementary election board elects a Board Chairman and Secretary.
Article 71
At least ten days before the supplementary election day, the People's Committee at the commune level establishes a supplementary election team consisting of five to seven people, including representatives from social organizations and voter groups, in each polling area.
The supplementary election team elects a Team Leader, Deputy Team Leader, and Secretary.
Article 72
Organizations responsible for supplementary elections perform tasks and powers according to as prescribed for the tasks and powers of organizations responsible for elections stipulated in this Law.
Article 73
The list of voters is compiled by the People's Committee at the commune level and posted at least fifteen days before the supplementary election day.
Article 74
At least fifteen days before the supplementary election day for representatives to the People's Council at any level, the Standing Committee of the Vietnam Fatherland Front Committee at that level organizes a consultation meeting according to the procedures and formalities jointly prescribed by the Government and the Central Committee of the Vietnam Fatherland Front to select and introduce candidates, and compile a list of candidates.
The list of candidates for representatives to the People's Council in units lacking representatives is announced by the supplementary election committee at least seven days before the election day.
Article 75
Complaints and denunciations regarding supplementary election work are resolved according to 1. At least forty-five days before the election of representatives of the People's Council, 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, decides to establish an Election Board in each electoral unit.
CHAPTER IX
HANDLING VIOLATIONS OF ELECTION LAWS
Article 76
A person who uses deceitful means, fraud, bribery, or coercion to obstruct citizens' elections or candidacies for representatives to the People's Council; or a person responsible for election work who falsifies documents, engages in ballot fraud, or uses other means to distort election results shall be subject to disciplinary action, administrative handling, or criminal prosecution depending on the nature and severity of the violation.
Article 77
Every person has the right to report acts contrary to the law during the election of People's Council deputies.
Those who obstruct or retaliate against a reporter shall be subject to disciplinary action, administrative handling, or criminal responsibility depending on the nature and degree of the violation. according to depending on the nature and severity of the violation, they shall be subject to disciplinary action, administrative handling, or criminal prosecution.
Chapter X
IMPLEMENTING PROVISIONS
Article 78
This Law replaces the Law on the Election of People's Council Deputies (amended) dated June 21, 1994. June 21, 1994.
Article 79
The Standing Committee of the National Assembly, the Government, and the Central Committee of the Vietnam Fatherland Front shall provide guidance for the implementation of this Law.
This Law was passed by the Fourth Session of the Eleventh National Assembly of the Socialist Republic of Vietnam on November 26, 2003.
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