DECREE

Detailed regulations on implementation of certain provisions of the Law on Election of People's Council Deputies 2003

Detailed regulations on implementation of certain provisions of the Law on Election of People's Council Deputies 2003

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Election of People's Council Deputies dated November 26, 2003;

At the request of the Minister of Home Affairs,

DECREE

PART I

GENERAL PROVISIONS

Article 1. Scope of application

This Decree provides detailed guidance on the implementation of certain provisions of the Law on Election of People's Council Deputies dated November 26, 2003 (hereinafter referred to as the Law) regarding the number of People's Council deputies, electoral units and polling stations; organizations responsible for elections; voter list compilation; election propaganda and mobilization; election procedures and results; additional, repeat, and supplementary elections of People's Council deputies at all levels.

Article 2. Right to vote and stand for election

The right to vote and the right to stand for election as stipulated in Article 2 of the Law is as follows:

Citizens of the Socialist Republic of Vietnam, regardless of ethnicity, gender, social stratum, belief, religion, educational level, profession, or period of residence:

1. Those who have reached eighteen years of age or older shall have the right to vote for People's Council deputies, except in cases specified in Article 25 of the Law.

2. Those who have reached twenty-one years of age or older, meeting the conditions and criteria prescribed, shall have the right to stand for election as People's Council deputies at all levels, except in cases specified in Article 31 of the Law.

Article 3.Calculation of age for exercising the right to vote and stand for election

The calculation of age for exercising the right to vote and stand for election as stipulated in Article 2 of the Law is as follows:

1. The age for exercising the right to vote and stand for election of citizens is calculated from the date of birth recorded in the Birth Registration Certificate up to the day of the election of People's Council deputies set by the Standing Committee of the National Assembly. In case there is no Birth Registration Certificate, the Household Registration Book or Identity Card shall be used as the basis for calculating the age for exercising the right to vote and stand for election.

Each full year is counted from the date of birth (Gregorian calendar) of the previous year to the date of birth (Gregorian calendar) of the following year.

2. In case the date of birth cannot be determined, the first day of the month of birth shall be taken as the basis for determining the age for exercising the right to vote and stand for election. In case neither the date nor the month of birth can be determined, the first day of January of the year of birth shall be taken as the basis for determining the age for exercising the right to vote and stand for election.

Article 4. Responsibilities of agencies, organizations, and units in elections

The Government directs ministries, sectors, and People's Committees at all levels to implement election work as stipulated in Article 5 of the Law as follows:

1. The Ministry of Home Affairs assists the Government in guiding and inspecting the implementation of election work by the Standing Committees of People's Councils and People's Committees at all levels; issuing ballot forms, voter cards, People's Council deputy cards, and other forms serving election work.

2. Relevant ministries, sectors, agencies, organizations, and units actively and proactively participate in the election of People's Council deputies according to the law; dispatch personnel to cooperate and implement election work upon request of competent state authorities and organizations responsible for elections.

3. People's Committees at all levels organize the implementation of election work, ensuring material means for the election; maintaining public security and order, organizing fire prevention and explosion prevention at polling places, ensuring that the election proceeds democratically, legally, safely, and economically.

4. Specialized agencies under provincial and centrally-run city People's Committees are responsible for implementing preparatory and service work for elections according to the division of labor by the People's Committees.

The Department of Home Affairs is responsible for assisting provincial and centrally-run city People's Committees in monitoring the progress of the election, compiling election results, and statistics on the quantity, quality, and structure of People's Council deputies at all levels.

Article 5. Election expenses

Election expenses for electing People's Council deputies at all levels as stipulated in Article 8 of the Law are as follows:

1. Expenses for electing People's Council deputies are guaranteed by the state budget.

2. The Ministry of Finance coordinates with the Ministry of Home Affairs to develop a budget allocation plan for election services to be submitted to the Prime Minister for approval and to guide the preparation and settlement of election expenses, ensuring that election expenses are used for their intended purpose, economically, and effectively.

Chapter II

NUMBER OF PEOPLE'S COUNCIL DEPUTIES, ELECTORAL UNITS AND

POLLING STATIONS

Article 6. Calculation of the number of People's Council deputies at all levels

The calculation of the number of People's Council deputies at all levels as stipulated in Article 9 of the Law is as follows:

1. The number of People's Council deputies of each administrative unit is calculated based on the population of each unit as provided for in Article 9 of the Law.

2. The basis for calculating the number of People's Council deputies of each locality is the population data available as of December 31 of the year preceding the election year, provided by the Provincial/Central City Statistics Bureau.

Article 7. Determination of the number of electoral units and identification of electoral units

The number of electoral units as stipulated in Article 11 of the Law is as follows:

1. People's Committees at all levels determine the number of electoral units and lists of electoral units based on the provisions of Article 11 of the Law and the specific circumstances of the locality, submit them for approval by the higher-level People's Committee; the number of electoral units and lists of electoral units at the provincial level are determined by the provincial People's Committee and submitted for approval by the Government.

2. The determination of electoral units is carried out as follows:

a) For the election of provincial-level People's Council deputies (commonly referred to as the provincial level), the electoral unit is determined as a district, urban district, town, or city within a province (commonly referred to as a district), a combined district, or a combined commune;

b) For the election of county-level People's Council deputies, the electoral unit is determined as a commune, ward, or town (commonly referred to as a commune), a combined commune, or a combined village;

c) For the election of People's Council deputies at the commune level, the electoral unit is determined as a village, hamlet, ấp, bản, phum, sóc (commonly referred to as a village), neighborhood committee, or a combined village, combined neighborhood committee;

d) In the case of establishing two electoral units in one administrative unit at the county or commune level, or in one village or neighborhood committee, the People's Committee at the level of the election has the responsibility to clearly and reasonably define the boundaries between the electoral units to facilitate the organization and implementation of the election.

Article 8. Number of deputies elected in each electoral unit

The number of deputies elected in each electoral unit as stipulated in Article 10 of the Law is as follows:

1. Deputies to People's Councils at all levels are elected according to electoral constituencies. Each electoral constituency may elect no more than five deputies.

2. People's Committees at all levels shall determine the number of deputies to be elected in each electoral constituency based on the specific circumstances of their locality, but shall limit the number of constituencies electing fewer than three deputies and submit for approval by the higher-level People's Committee; the number of deputies to be elected in each provincial electoral constituency shall be determined by the provincial People's Committee and submitted for approval by the Government.

Article 9. In case of vacancy due to force majeure

Vacancy due to force majeure as stipulated in Article 42 of the Law is defined as follows:

1. A vacancy due to force majeure in an electoral constituency occurs when, after the list of candidates has been published, one or several candidates are criminally prosecuted, die, or for other reasons must be removed from or withdraw from the list of candidates, resulting in the number of candidates in the constituency not exceeding the number of deputies to be elected there by at least two persons as provided for in Article 42 of the Law.

2. If a vacancy due to force majeure occurs more than two days before the posting of the list of candidates, the Election Board, after reaching consensus with the Standing Committee of the Vietnam Fatherland Front Committee at the same level, shall select the person with the highest trust among those remaining on the third round of negotiation list to supplement the list of candidates.

3. If it is not possible to select a person to supplement the list of candidates or if a vacancy due to force majeure occurs after the time specified in Clause 2 of this Article, the People's Committee at the election level shall decide to reduce the number of deputies to be elected in the constituency experiencing the vacancy due to force majeure, and submit for approval by the higher-level People's Committee; for provincial constituencies, the provincial People's Committee shall submit for approval by the Government.

Article 10. Delimitation of polling areas

The delimitation of polling areas as stipulated in Article 13 of the Law is defined as follows:

1. The People's Committee of communes, wards, towns (hereinafter referred to as the People's Committee of commune level) shall base on geographical conditions, population distribution, and organizational capacity of the locality, divide polling areas and submit for approval by the higher-level People's Committee:

a) Each polling area can be a village, residential group, or a combination of villages or residential groups;

b) If the number of voters is large, requiring the division of villages or residential groups into multiple polling areas, the People's Committee of commune level shall clearly define the boundaries and notify the voters to recognize their polling area.

2. The commander of the people's armed forces unit shall decide on the division of polling areas within his unit.

Chapter III:

ORGANIZATIONS RESPONSIBLE FOR ELECTIONS

Article 11. Establishment of organizations responsible for elections

The establishment of organizations responsible for elections as stipulated in Article 16 of the Law is defined as follows:

1. After the Standing Committee of the National Assembly determines the election date for deputies to People's Councils, the People's Committee, in consultation with the Standing Committee of the People's Council and the Standing Committee of the Vietnam Fatherland Front Committee at the same level, shall decide to establish the Election Board, the Election Committee, and the Polling Station Committee in accordance with the deadlines set forth in the Law;

2. During the election of deputies to People's Councils at all levels, the organizations responsible for elections shall be organized as follows:

a) Members of the Election Board for deputies to the People's Council at the district level may also be members of the Election Committee for deputies to the People's Council at the provincial level;

b) Members of the Election Board for deputies to the People's Council at the commune level may also be members of the Election Committee for deputies to the People's Council at the district level;

c) The Election Committee for the People's Council at the commune level shall concurrently perform the duties of the Polling Station Committee and carry out the tasks and powers prescribed in Articles 17 and 18 of the Law in cases where the electoral constituency for deputies to the People's Council at the commune level consists of only one polling area.

Article 12. Responsibilities of members of organizations responsible for elections

Members of organizations responsible for elections must thoroughly understand the legal provisions regarding the election of deputies to People's Councils; and the guiding documents issued by central and local state agencies.

During the performance of their functions and responsibilities as prescribed in Articles 16, 17, and 18 of the Law on the Election of Deputies to People's Councils, members of the election organization must always be impartial, objective, and honest in carrying out the assigned tasks and powers.

Article 13. Change or supplementation of members of organizations responsible for elections

In case the organizations responsible for elections are short of members due to disciplinary action, criminal prosecution, death, or other reasons, the People's Committee, after reaching consensus with the Standing Committee of the People's Council and the Standing Committee of the Vietnam Fatherland Front Committee at the same level, shall decide to change or supplement members of the organizations responsible for elections.

Chapter IV

ESTABLISHMENT OF VOTER REGISTERS

Article 14. Voter registers

The establishment of voter registers as stipulated in Articles 23 and 24 of the Law is defined as follows:

1. The People's Committee of commune level and the Command Board of units (for people's armed forces units) shall establish voter registers according to polling areas as follows:

a) Persons who have reached the age prescribed by law shall be recorded in the voter register to exercise their right to vote at their place of residence, except in cases stipulated in Clause 1 of Article 25 and Article 31 of the Law on the Election of Deputies to People's Councils;

b) Within the period for establishing the voter register, persons without permanent household registration but holding a certificate of transfer issued by the competent authority at their previous place of residence shall be recorded in the voter register at their new place of residence to participate in the election;

c) In cases where a person temporarily leaves their place of residence for work, business, or other reasons, and has registered temporary residence for six months or more at the new place of residence, they shall be recorded in the voter register at the new place of residence to exercise their right to vote;

d) In cases where a person temporarily leaves their place of residence to visit relatives, travel, or for other reasons, they shall be recorded in the voter register at their place of permanent household registration to exercise their right to vote.

d) Students, pupils, trainees with temporary residence registration at vocational schools, universities, colleges, specialized high schools, and military personnel in people's armed forces units shall be listed on the voter list at their place of study, work, or station to participate in the election of provincial and district-level People's Council deputies.

e) Military personnel with permanent residence registration in the locality near their station may be issued a certificate by the unit leader to be listed on the voter list to participate in voting for People's Council deputies in their place of residence.

Article 15. Time for posting the voter list

The time for posting the voter list under Article 26 of the Law is stipulated as follows:

At least thirty-five days before the election day, the People's Committee of the commune must post the voter list at the People's Committee office and public places within the polling area; simultaneously widely announce the posting locations so that the public can know and check.

Chapter V

ELECTION CAMPAIGNING AND MOTIVATION

Article 16. Election propaganda

Information and propaganda for elections according to Articles 44 and 45 of the Law are stipulated as follows:

1. Central and local mass media agencies have the responsibility to report and propagate about the election, laws related to elections, preparatory work for electing representatives of all levels of People's Councils; activities of Party, State, and Fatherland Front leaders in inspecting and supervising elections at localities and nationwide; encourage voters to participate in electing representatives of all levels of People's Councils.

2. People's Committees at all levels ensure information work for the election; organize propaganda and encouragement for the election in the locality according to the guidance of the Election Council.

Article 17. Motivation for voting

Motivation for voting according to Article 46 of the Law is stipulated as follows:

Motivation for voting by candidates for People's Council deputies is an activity of meeting and contacting with voters at their workplace, place of residence, or through mass media for candidates for People's Council deputies to report to voters about their proposed program of action aimed at fulfilling the responsibilities of a deputy if elected as a People's Council deputy.

Article 18. Principles of motivation for voting

1. A candidate for a People's Council deputy in a locality exercises the right to motivate voting within the scope of that locality.

2. Motivation for voting is conducted openly, democratically, equally, in accordance with the law, ensuring social order and safety, and must end twenty-four hours before the start of the voting process.

3. Candidates for People's Council deputies shall not take advantage of motivation for voting to propagate views contrary to the Constitution and laws or damage the reputation, honor, and interests of other organizations and individuals.

4. Candidates for People's Council deputies shall not use state, collective, or individual funds and materials to lure or bribe voters.

5. Agencies, organizations, units, and individuals shall not take advantage of motivation for voting to solicit money, materials, or call for sponsorship to serve the motivation for voting.

Article 19.Forms and contents of motivation for voting

Forms and contents of motivation for voting according to Article 46 of the Law are stipulated as follows:

1. Motivation for voting is conducted in the following forms:

a) Meeting and contacting with voters through meetings organized by the Standing Committee of the People's Council's United Front Organization at all levels in the locality;

b) Meeting and contacting voters at the agency, organization, or unit where the candidate works;

c) Answering interviews in the press, local radio, and television.

2. Contents of motivation for voting by candidates include:

a) Presenting their proposed program of action if elected as a People's Council deputy;

b) Exchanging with voters on issues of common concern;

c) Answering questions from voters.

Article 20. Responsibilities of agencies and organizations in motivation for voting

1. The Election Council directs motivation for voting work and resolves complaints and reports about motivation for voting in the locality.

2. The Standing Committee of the People's Council and the People's Committee cooperate with the Standing Committee of the United Front Organization at all levels to organize meetings for voters for candidates for People's Council deputies at their level.

3. State agencies, economic organizations, social organizations, and people's armed forces units at all levels within their duties and powers create conditions for candidates for People's Council deputies to meet with voters at their agencies, organizations, or units; ensure that the motivation for voting is conducted openly, democratically, equally, and in accordance with the law.

4. Mass media agencies have the responsibility to report on meetings with voters and interviews of candidates for People's Council deputies in the locality.

Article 21. Funding for motivation for voting

Funding for motivation for voting is taken from the budget for serving the election of People's Council deputies provided by the state and the regular operating budget of the agency, organization, or unit with candidates for People's Council deputies.

Chapter VI:

PROCEDURE FOR ELECTIONS AND ELECTION RESULTS

Article 22. Voting time

The voting time under Article 48 of the Law is stipulated as follows:

Voting begins from seven o'clock to nineteen o'clock on the same day. Depending on specific circumstances, the Election Team may decide to start the voting earlier and end later than the specified time, but it cannot start before five o'clock and end after twenty o'clock on the same day.

If a polling station has one hundred percent of its registered voters participating in the vote, the Election Team there may end the voting earlier than the specified time.

Article 23.Polling location and polling room

The polling location (polling room) must ensure solemnity, having all necessary material conditions to serve the election and convenience for voters to come and vote.

Article 24. Voter card

Citizens whose names are on the voter list shall be issued a voter card to exercise their right to vote:

1. The voter card of citizens is signed by the Chairman of the People's Committee of the commune where the voter list is established and stamped.

2. The voter card of military personnel in people's armed forces units is signed by the Unit Commander and stamped.

Article 25. Special cases affecting the voting day

The provisions regarding interruption, postponement of voting day, or early voting under Article 54 of the Law are as follows:

1. On election day, the voting must be conducted continuously. In case of unexpected events such as natural disasters, floods, fires, or other force majeure circumstances that interrupt the voting process, the Election Committee must immediately seal the ballots and ballot boxes, promptly report to the Election Board, and simultaneously organize supplementary ballot boxes and take necessary measures to ensure the continuation of the voting process.

2. The Provincial Election Council reports to the Government to submit to the Standing Committee of the National Assembly for consideration the postponement of the voting day or conducting the vote earlier than the prescribed date in the following cases:

a) Postponing the voting day at electoral units due to the impact of natural disasters, typhoons, floods, or other reasons preventing the conduct of the vote on the date specified by the Law;

b) Organizing early voting before the scheduled election day for electoral units facing difficulties with terrain, transportation, and means of travel.

Article 26. Reporting on the situation during the election day

1. Election Councils at all levels are responsible for reporting the situation during the election day to the Standing Committee of the People's Council, People's Committee, and the Permanent Standing Committee of the Vietnam Fatherland Front at the same level and the immediate higher level; for provincial level, they report to the Standing Committee of the National Assembly, the Government, and the Central Committee of the Vietnam Fatherland Front.

2. People's Committees at all levels report to the higher administrative authorities about the situation and progress in implementing the election work in their localities; for provincial People's Committees, they report to the Government.

3. The contents of the report on the situation during the election day include:

a) The opening time and atmosphere of the election day;

b) The number of voters participating in the election and the progress of local voter participation;

c) Security, public order, social safety, and difficulties affecting voter participation in the election;

d) Issues arising requiring guidance and instructions;

e) Preliminary results of the election of People's Council representatives in the locality.

Article 27. Counting votes and determining the election results

Counting votes and determining the election results according to Articles 55, 56, 57, 58, 59, and 60 of the Law are as follows:

1. The Election Committee must conduct the counting of votes, prepare a record of the vote count, and seal the ballots according to the procedures stipulated in Articles 55, 56, 57, 58, and 59 of the Law, while providing conditions for journalists and representatives of organizations and units with candidates to witness the vote counting;

Before opening the ballot box and proceeding with the vote count, the Election Committee must prepare a record of the use of ballots and seal unused ballots for handover to the People's Committee at the commune, ward, town level for storage and management after the conclusion of the election;

The record of the vote count is sent to the Election Board, the People's Committee, and the Permanent Standing Committee of the Vietnam Fatherland Front at the commune, ward, town level.

2. The Election Board checks the records of the vote count transferred by the Election Committee, compiles them to establish a record confirming the election results in the electoral unit under its responsibility and sends it to the Election Council, the Standing Committee of the People's Council, the People's Committee, and the Permanent Standing Committee of the Vietnam Fatherland Front at the same level.

3. In an electoral unit with only one polling station, the Election Board also serves as the Election Committee to prepare a record of the vote count and confirm the election results and send it to the Election Council, the Standing Committee of the People's Council, the People's Committee, and the Permanent Standing Committee of the Vietnam Fatherland Front at the same level.

Article 28. In case of events interrupting the vote count

In case of events occurring that interrupt the vote count or prevent it from being conducted, the Election Committee must seal the ballot box or counted ballots, immediately report to the Election Board and the Election Council for resolution in accordance with the law.

Article 29. Summarizing the election

Summarizing the election according to Article 66 of the Law is as follows:

1. Election Councils at all levels prepare a summary record of the election and report the summary of the election in the locality according to the provisions of Article 66 of the Law on the Election of People's Council Deputies;

The summary record of the election at the district and commune levels is sent to the Standing Committee of the People's Council, the People's Committee, and the Vietnam Fatherland Front at the same level and the immediate higher level. The summary record of the election at the provincial level is sent to the Standing Committee of the People's Council, the People's Committee, the Vietnam Fatherland Front at the same level, and the Standing Committee of the National Assembly, the Government, and the Central Committee of the Vietnam Fatherland Front.

2. The Standing Committee of the People's Council, the People's Committee, and the Permanent Standing Committee of the Vietnam Fatherland Front at all levels coordinate to organize a conference summarizing the election work of People's Council deputies in the locality;

Reports summarizing the election work of People's Council deputies at all levels are sent to the Standing Committee of the People's Council, the People's Committee, and the Vietnam Fatherland Front at the immediate higher level; for provincial level, they are sent to the Standing Committee of the National Assembly, the Government, and the Central Committee of the Vietnam Fatherland Front.

Article 30. Archiving and managing documents and equipment after the conclusion of the election

The People's Committee at the election level is responsible for archiving and managing all documents, materials, and seals of the election organizations under its jurisdiction;

The People's Committee at the commune level archives and manages the records of the vote count, all ballots for People's Council deputies at all levels (including sealed unused ballots), seals, and ballot boxes handed over by the Election Committee according to the law.

Chapter VII

ADDITIONAL ELECTIONS, RE-ELECTIONS, AND SUPPLEMENTARY ELECTIONS

 OF PEOPLE'S COUNCIL DEPUTIES

Article 31. Organizations responsible for additional elections and re-elections

Additional elections and re-elections according to Articles 62, 63, 64, and 65 of the Law are as follows:

1. Organizations responsible for the first election continue their duties in additional elections and re-elections.

2. In case the Election Committee or members of the Election Committee violate election laws or lose the trust of the people, the People's Committee, after reaching consensus with the Standing Committee of the People's Council and the Permanent Standing Committee of the Vietnam Fatherland Front, decides to establish a new Election Committee or supplement members to fulfill the tasks as prescribed by the Law on the Election of People's Council Deputies.

Article 32. Authority to decide on supplementary elections for People's Council deputies at all levels

The supplementary election of representatives to People's Councils at all levels as provided for in Articles 68, 69, 70, 71, 72, 73, 74, and 75 of the Law.

Chapter VIII

IMPLEMENTING PROVISIONS

Article 33. Implementation

The Ministry of Interior shall take the lead and coordinate with ministries, ministerial-level agencies, government agencies, and related organizations in implementing this Decree.

Article 34. Effectiveness and responsibility for implementation

This Decree shall take effect fifteen days after its publication in the Official Gazette and shall replace Government Decree No. 81/CP dated August 1, 1994, detailing the implementation of the Law on Elections of Representatives to People's Councils (amended) in 1994.

Ministers, heads of ministerial-level agencies, heads of government agencies, Chairpersons of People's Councils, and Chairpersons of People's Committees of provinces and centrally governed cities shall be responsible for implementing this Decree.