Decree No. 81-CP detailing the implementation of the Law on Election of Delegates to People's Councils

DECREE Of the Government Decision No. 81-CP dated August 1, 1994

Providing detailed implementation of the Law on Election of People's Council Deputies (Amended)

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Pursuant to Article 79 of the Law on Election of People's Council Deputies (Amended) dated June 21, 1994. This Decree provides detailed implementation of the Law on Election of People's Council Deputies (Amended).

DECREE:

Chapter 1:

GENERAL PROVISIONS

Article 1. - Mastering the four fundamental principles of elections, namely universal suffrage, equality, direct election, and secret ballot, which serve as the basis for ensuring the freedom and equality of all citizens of the Socialist Republic of Vietnam in each election of People's Council deputies at all levels.

Article 2. - Citizens of the Socialist Republic of Vietnam, regardless of ethnicity, gender, social stratum, religious belief, professional qualifications, who are eighteen years old or older have the right to vote, and those twenty-one years old or older have the right to run for election as People's Council deputies. The calculation of voting age and candidacy age is stipulated in Article 2 of the Law. Age is calculated from November 20, 1994, and above, with each full year or 365 days.

Article 3. - Citizens may exercise their rights to vote and run for election to the People's Council without regard to the duration of residence but must pay attention to the provisions regarding the election of People's Council deputies at various levels as follows:

a) For the People's Council at the commune, ward, town level: Those who reside permanently and have vested interests tied to the locality; if they have recently moved to the locality, they must complete the formalities for registration of residence or obtain a letter of introduction to reside and work in the new locality to have the right to vote and run for election.

b) Regarding the election of People's Council deputies at the district level and equivalent: If citizens move their place of residence within the same district, regardless of the duration of residence, they have the right to vote and run for election. If they move to another district, they must have official transfer documents to have the right to vote and run for election as People's Council deputies. If they visit relatives, they must return to their district of residence to vote during the election.

c) Regarding the election of People's Council deputies at the provincial level, regardless of the duration of residence within the same province; those from outside the province must have official transfer documents to reside and work to have the right to vote and run for election; if temporarily residing for the purpose of visiting relatives, they must return to their official place of residence to vote.

d) For military units that move from one locality to another due to mission requirements, they may participate in the election of provincial or district People's Council deputies according to the guidance of the Ministry of National Defense, depending on specific conditions.

Article 4. - Understanding the criteria for People's Council deputies to select individuals with capability and morality to represent themselves as People's Council deputies is crucial in the participation of voters in elections. It is necessary to ensure the criteria and required structure, not neglecting the criteria for the sake of structure or vice versa.

Chapter II

NUMBER OF PEOPLE'S COUNCIL DEPUTIES, ELECTION UNITS AND VOTING AREAS

Article 5. - The calculation of the number of People's Council deputies at each level is as follows:

a) The population of the locality as counted by the Central General Statistics Office in December 1993 shall be taken as the basis for uniform calculation throughout the country.

b) Once the population of the province, district, commune is known, the number of deputies to be elected at the provincial, district, and commune levels shall be calculated based on the provisions of Article 9 of the Election Law.

Article 6. - Calculation of the number of election units.

a) In the election of provincial People's Council deputies, the election unit shall be organized at the district or inter-district level.

b) In the election of district People's Council deputies, the election unit shall be organized at the commune or inter-commune level.

c) In the election of commune People's Council deputies, the election unit shall be organized at the village, hamlet, or inter-village level.

To determine the number of election units and the number of deputies to be elected in each unit at each level of the People's Council, it is necessary to calculate the average number of people represented by each deputy at that level.

Article 7. - Determination of voting areas.

The determination of voting areas must be based on the living conditions, residence of the people, geographical circumstances, organizational capacity of the locality, and in accordance with the standards prescribed by the Law. When dividing voting areas, villages, hamlets, or residential wards cannot be fragmented; in cases where the number of voters is too large and it is necessary to divide a village or hamlet into two voting areas, clear boundaries must be established so that voters can easily identify their voting area.

Chapter III

ORGANIZATIONS RESPONSIBLE FOR ELECTIONS

Article 8. - Organizations responsible for the election of People's Council deputies include: Election Councils, Election Committees, and Voting Teams.

Election Councils are established at the provincial, district, commune levels, and equivalent administrative units.

Each election unit establishes one Election Committee.

Each voting area establishes one Voting Team.

When organizing the election of People's Council deputies at multiple levels on the same day, if the election unit for the provincial People's Council is a district, the District People's Council Election Council will also perform the duties of the Provincial People's Council Election Committee; if the election unit for the district People's Council is a commune, the Commune People's Council Election Council will concurrently perform the duties of the District People's Council Election Committee.

Article 9. - After announcing the election date, the People's Committees at all levels shall proactively exchange with the Standing Committee of the Provincial People's Councils, with the Chairperson of the Commune People's Councils; with the Vietnam Fatherland Front Committee at the same level to promptly establish election management organizations in accordance with the law.

Article 10. - Election management organizations must study and thoroughly understand the Election Law, guiding documents for implementing the Law, and must have programs and plans to fulfill their tasks and powers; the People's Committees at all levels shall be responsible for creating favorable conditions for these organizations to complete their tasks. Members of these organizations must be impartial individuals trusted by the people, trained and guided specifically on their election-related duties.

Chapter IV

ESTABLISHMENT OF VOTER REGISTERS

Article 11. - Compiling voter lists has significant political importance to confirm each citizen's right to vote. Local authorities are responsible for compiling voter lists carefully and cautiously, ensuring that no eligible voter is omitted and no ineligible person is included, in accordance with Resolution No. 590-NQ/HĐNN8 dated May 27, 1992 of the State Council (now the National Assembly Standing Committee) regarding cases where citizens are not eligible to vote, and Circular No. 8-TT/BYT dated March 20, 1981 of the Ministry of Health on the authority to determine citizens who are mentally incapacitated and thus cannot participate in elections.

Article 12. - At least thirty days before the election day, the voter list must be posted at the offices of the Commune People's Committees, wards, towns, and public places within the polling area; appropriate means of communication should be used locally to inform all voters about those eligible to vote and those not eligible to vote.

Complaints regarding the right to vote shall be resolved in accordance with Article 25 of the Election Law for People's Council Deputies.

Chapter V

ESTABLISHING THE LIST OF CANDIDATES

Article 13. - The establishment of the candidate list as stipulated in Chapter V of the Law is entrusted to the Vietnam Fatherland Front Committees at all levels, which are responsible for implementing this process in accordance with the prescribed time frame, ensuring genuine democracy without coercion or command. The process of establishing the candidate list includes specific tasks as directed by the Central Committee of the Vietnam Fatherland Front.

Local authorities are responsible for creating conditions to assist the Vietnam Fatherland Front Committees at all levels in properly conducting the consultation process to introduce candidates for People's Council deputies.

Article 14. - After announcing the candidate list, local authorities need to coordinate with the Vietnam Fatherland Front Committee and its affiliated organizations at all levels to organize meetings between candidates and voters in the electoral unit. Candidates may answer questions from voters and present their proposals if elected as People's Council deputies. Candidates have the right to campaign for themselves. Civic organizations and social organizations may campaign for candidates in accordance with the law.

Chapter VI

PROCEDURE FOR ELECTIONS AND ELECTION RESULTS

Article 15. - Voting hours must be from 7:00 AM to 7:00 PM on the same day as stipulated in Article 39 of the Law. Depending on local circumstances, the Law allows the Election Board to start earlier and end later than the specified times but not before 5:00 AM and not after 8:00 PM on the same day.

Article 16. - The polling station must be arranged solemnly and ensure necessary conditions for voters to vote orderly and in accordance with the principles of secret and direct voting.

Article 17. -When announcing the election results, the number of successful candidates and the number of votes for each candidate must be announced, along with the ratio of votes for each candidate compared to the total valid votes at that electoral unit.

Article 18. - After counting ballots in electoral units where the number of voters recorded on the voter list does not exceed half of the total number of registered voters and in units seriously violating the Election Law for which the Standing Committee of the National Assembly has decided to nullify the election results, a re-election must be organized according to the provisions of the Law.

In electoral units where the number of successful candidates is less than two-thirds of the number of representatives already defined, additional representatives must be elected.

Article 19. - Summary of the election.

After receiving and checking the election records sent by the election committees, the election council must prepare a summary record of the election and declare the election results as prescribed by law to inform all voters through commonly used information means in the locality.

Chapter VII

SUPPLEMENTAL ELECTION OF PEOPLE'S COUNCIL DEPUTIES

Article 20. -The organization of supplementary elections for People's Council representatives at all levels must comply with the provisions of the Law on Elections of People's Council Representatives.

Depending on the specific situation and characteristics of each locality and level, decisions should be made regarding supplementary elections for People's Council representatives in units lacking representatives, without necessarily supplementing every unit lacking representatives, aiming to reduce the expenditure of manpower and resources from the people and the State.

Chapter VIII

HANDLING OF VIOLATIONS OF ELECTION LAWS

Article 21. - During each election, violations of the law may occur. Therefore, to ensure that the election of People's Council representatives at all levels achieves results and is safe in all aspects; while maintaining the rule of law; strengthening socialist legality in the country. All levels of government and law enforcement agencies must perform their duties strictly in handling violations of election laws by citizens, members of organizations responsible for elections, state civil servants, and officials according to the provisions of Articles 67 and 68 of the Law on Elections of People's Council Representatives at all levels.

Chapter IX

IMPLEMENTING PROVISIONS

Article 22. - The Minister of the Government’s Organization and Cadre Affairs Department shall guide the implementation of this Decree and is responsible for assisting the Government in coordinating with relevant central agencies to organize the election of People's Council representatives for the 1994-1999 term and other People's Council representative elections to ensure democracy, compliance with the law, safety, and economy.

Article 23. - The Chairman of the Government Office, Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of provincial and centrally-administered city People's Committees are responsible for implementing this Decree.

Article 24. - This Decree takes effect from the date of signing and applies to elections of People's Council representatives at all levels. Previous regulations contrary to this Decree are abolished./.