Law Amending the Law on Election of Deputies to the National Assembly, No. 63/2010/QH12

THE PRESIDENT

Order No. 21/2010/L-CTN of December 6, 2010, on the promulgation of law

THE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to Article 103 and Article 106 of the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10 of December 25, 2001, of the Xth National Assembly, the 10th session;

Pursuant to Article 91 of the Law on Organization of the National Assembly;

Pursuant to Article 57 of the Law on Promulgation of Legal Documents,

PROMULGATES:

the Law Amending and Supplementing a Number of Articles of the Law on Election of Deputies to the National Assembly and the Law on Election of Deputies to the People’s Councils,

which was passed on November 24, 2010, by the XIIth National Assembly of the Socialist Republic of Vietnam at its 8th session.

President of the Socialist Republic of Vietnam
NGUYEN MINH TRIET

Law Amending and Supplementing a Number of Articles of the Law on Election of Deputies to the National Assembly and the Law on Election of Deputies to the People’s Councils

(No. 63/2010/QH12)

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10;

The National Assembly promulgates the Law Amending and Supplementing a Number of Articles of the 1997 Law on Election of Deputies to the National Assembly, which was amended and supplemented under Law No. 31/2001/QH10, and Law No. 13/2003/QH11 on Election of Deputies to the People’s Councils.

Article 1. To amend and supplement a number of articles of the Law on Election of Deputies to the National Assembly as follows:

1. To amend and supplement Article 12 as follows:

“Article 12.

1. Each constituency shall be divided into various electorates. Electorates for electing deputies to the National Assembly are concurrently those for electing deputies to the People’s Councils at all levels.

2. Each electorate has between three hundred and four thousand voters. For a mountainous, island or sparsely populated area, an electorate may be established even though it has less than three hundred voters.

The division into electorates shall be decided by People’s Committees of communes, wards or townships and approved by immediate superior People’s Committees. In localities without administrative units being communes, wards or townships, such division shall be decided by People’s Committees of rural districts, urban districts, towns or provincial cities.

People’s armed forces units shall establish their own electorates, except for cases in which people’s armed forces units and localities share the same electorates.

A hospital, maternity house, sanitarium, nursing home for handicapped people or the elderly with fifty or more voters may establish its own electorate.

An educational establishment or medical treatment establishment for persons who are serving administrative sanctions may establish its own electorate.”

2. To amend and supplement Article 13 as follows:

“Article 13.

Organizations in charge of the election of deputies to the National Assembly include:

1. The Central Election Council;

2. Provincial-level Committees for Election of Deputies to the National Assembly and Deputies to the People’s Councils in provinces and centrally run cities;

3. Election Boards of the constituencies;

4. Election Teams of the electorates.”

3. To amend and supplement Article 14 as follows:

“Article 14.

1. No later than one hundred and five days before the election day, the National Assembly Standing Committee shall set up the Central Election Council for election of deputies to the National Assembly and deputies to the People’s Councils at all levels. It shall be composed of between fifteen and twenty-one persons, including the Chairman, Vice-Chairmen and  Secretary General and members who are representatives of the National Assembly Standing Committee, the Government, the Vietnam Fatherland Front Central Committee, and a number of concerned agencies and organizations.

2. For the election of deputies to the National Assembly, the Election Council has the following tasks and powers:

a/ To lead and direct the organization of the election in the whole country; to supervise and urge the implementation of the election law;

b/ To direct election information, propaganda and electioneering work;

c/ To direct the maintenance of security and social order and safety during the election;

d/ To receive and consider the personal records of National Assembly candidates nominated by political, socio-political and social organizations, people’s armed forces and state agencies at the central level; to forward the summarized biographies of the candidates to the Standing Board of the Vietnam Fatherland Front Central Committee;

e/ To receive the personal records and the list of National Assembly candidates from the provincial-level Committees for Election of Deputies to the National Assembly and Deputies to the People’s Councils;

f/ To define the forms of voter cards and ballot papers for the election of National Assembly deputies;

g/ To draw up and publish lists of National Assembly candidates for all constituencies throughout the country;

h/ To settle complaints and denunciations about the work of the provincial-level Committees for Election of Deputies to the National Assembly and Deputies to the People’s Councils, Election Boards and Election Teams; about the election of deputies to the National Assembly, forwarded by the provincial-level Committees for Election of Deputies to the National Assembly and Deputies to the People’s Councils or by the Election Boards; about National Assembly candidates; and about the returns of the election of deputies to the National Assembly;

i/ To receive and check the reports confirming election returns which are sent by the provincial-level Committees for Election of Deputies to the National Assembly and Deputies to the People’s Councils and by the Election Boards; and prepare a summary report on the national election of deputies to the National Assembly;

j/ To decide upon election reruns or additional elections or to cancel the returns of the election of deputies to the National Assembly in the constituencies;

k/ To make public the returns of the election of deputies to the National Assembly in the whole country;

l/ To issue certificates to the elected National Assembly deputies;

m/ To submit to the National Assembly Standing Committee and the National Assembly of the new tenure the summary report on the national election of deputies to the National Assembly, records and documents related to the election.”

4. To amend and supplement Article 15 as follows:

“Article 15.

1. No later than ninety-five days before the election day, the provincial-level People’s Committee shall, after consulting the Standing Body of the People’s Council and the Standing Board of the Fatherland Front Committee of the same level, decide to set up a provincial-level Committee for Election of Deputies to the National Assembly and Deputies to the People’s Councils for election of deputies to the National Assembly and deputies to the People’s Councils. Such a Committee shall be composed of between twenty-one and thirty-one persons, including the Chairman, Vice-Chairmen and secretary and members who are representatives of the Standing Body of the People’s Council, the People’s Committee and the Fatherland Front Committee of the same level, and a number of concerned agencies and organizations.

The list of members of the provincial-level Committees for Election of Deputies to the National Assembly and Deputies to the People’s Councils must be reported to the National Assembly Standing Committee, the Government, the Vietnam Fatherland Front Central Committee and the Election Council.

2. For the election of deputies to the National Assembly, the provincial-level  Committee for Election of Deputies to the National Assembly and Deputies to the People’s Councils has the following tasks and powers:

a/ To direct the preparation and organization of the election of deputies to the National Assembly in the constituencies; to supervise and urge the implementation of the law on the election of deputies to the National Assembly by the Election Boards and Election Teams;

b/ To direct election information, propaganda and electioneering work in the locality;

c/ To direct the maintenance of security and social order and safety for the election in the locality;

d/ To receive and consider the personal records of National Assembly candidates nominated by political, socio-political and social organizations, the people’s armed forces and state agencies in the locality and of self-nominated candidates for the National Assembly election; to send the list and summarized biographies of the nominated and self-nominated National Assembly candidates to the Standing Board of the Fatherland Front Committee of the province or centrally run city;

e/ To receive the documents and ballot papers for the election of deputies to the National Assembly from the provincial-level People’s Committee and distribute them to the Election Boards at least twenty-five days before the election day;

f/ To draw up the list of National Assembly candidates for each constituency and report it to the Election Council;

g/ To direct and supervise the drawing up and posting of the voter list;

h/ To settle complaints and denunciations about the work of the Election Boards and Election Teams; about the election forwarded by the Election Boards and the Election Teams; and about the National Assembly candidates;

i/ To receive and check the reports confirming the returns of the election of deputies to the National Assembly from the Election Boards; make a report confirming the returns of the election of deputies to the National Assembly in the locality;

j/ To make public the returns of the election of deputies to the National Assembly in the locality;

k/ To report on the organization and process of the election of deputies to the National Assembly according to the regulations of the Election Council;

l/ To forward the records and reports confirming the returns of the election of deputies to the National Assembly to the Election Council;

m/ To hold election reruns or additional elections of deputies to the National Assembly under decisions of the Election Council.”

5. To amend and supplement Article 16 as follows:

“Article 16.

1. No later than sixty days before the election day, the provincial-level People’s Committee shall, after consulting the Standing Body of the People’s Council and the Standing Board of the Fatherland Front Committee of the same level, decide to set up in each constituency an Election Board composed of between nine and fifteen persons including the Head, Deputy Heads and secretary and other members who are representatives of the Standing Body of the People’s Council, the People’s Committee, the Fatherland Front Committee of the same level and a number of concerned agencies and organizations.

2. The Election Board has the following tasks and powers:

a/ To supervise and urge the Election Teams in their implementation of the law on the election of deputies to the National Assembly;

b/ To supervise and urge the establishment of polling stations;

c/ To supervise the drawing up and posting of the voter list;

d/ To distribute voter cards and ballot papers to the Election Teams no later than fifteen days before the election day;

e/ To post up the list of candidates in the constituency;

f/ To direct and check electoral work at the polling stations;

g/ To receive and check the reports on the vote count results submitted by the Election Teams; make a report confirming the election returns in the constituency and send it to the Election Council and the provincial-level Committee for Election of Deputies to the National Assembly and Deputies to the People’s Councils;

h/ To receive and forward to the provincial-level Committee for Election of Deputies to the National Assembly and Deputies to the People’s Councils complaints and denunciations about National Assembly candidates; and about the work of the Election Teams;

i/ To report on the organization and process of the election of deputies to the National Assembly according to the regulations of the Election Council and the provincial-level Committee for Election of Deputies to the National Assembly and Deputies to the People’s Councils;

j/ To send the records and documents on the election to the provincial-level People’s Committee;

k/ To hold election reruns or additional elections of deputies to the National Assembly.”

6. To amend and supplement Article 17 as follows:

“Article 17.

1. No later than thirty-five days before the election day, the commune, ward or township People’s Committee shall, after consulting the Standing Board of the People’s Council and the Standing Board of the Fatherland Front Committee of the same level, decide to establish in each electorate an Election Team for election of deputies to the National Assembly and deputies to the People’s Councils of all levels. Such Team shall be composed of between eleven and twenty-one persons including the Head, Deputy Heads and secretary and other members who are representatives of state agencies, socio-political organizations, social organizations and voters in the locality.

In localities without administrative units being communes, wards and townships, the People’s Committee of the rural district, urban district, town or provincial city shall, after consulting the Standing Board of the People’s Council and the Standing Board of the Fatherland Front Committee of the same level, decide to establish in each electorate an Election Team composed of between eleven to twenty-one persons including the Head, Deputy Heads and secretary and other members who are representatives of state agencies, socio-political organizations, social organizations and voters in the locality.

A people’s armed forces unit shall establish in each of its electorates, an Election Team composed of between five and nine persons, including the Head, Deputy Heads, and secretary and other members who are representatives of the unit’s command and soldiers.

In case a People’s Armed Force unit and the locality share an electorate, the People’s Committee of the commune, ward or township shall, after consulting the Standing Board of the People’s Council and the Standing Board of the Fatherland Front Committee of the same level and the command of the people’s armed force unit, decide to form an Election Team composed of between eleven and twenty-one persons, including the Head, Deputy Heads and secretary and members who are representatives of state agencies, socio-political organizations, social organizations and voters in the locality together with representatives of the unit’s command and soldiers.

2. The Election Team has the following tasks and powers:

a/ To take charge of the election in the electorate;

b/ To establish polling stations and ready ballot boxes;

c/ To receive the documents and ballot papers from the Election Board; to distribute voters cards and ballot papers stamped by the Election Team to voters;

d/ To regularly inform voters of the election day, polling venues and polling time within ten days before the election day;

e/ To ensure strict compliance with regulations at the polling stations;

f/ To settle complaints and denunciations about electoral work under its charge;

g/ To count the votes and produce a report on the vote count results for sending to the Election Board;

h/ To send the report on the vote count results and all the votes to the commune, ward or township People’s Committee;

i/ To report on the organization and election process according to the regulations of the higher level organizations in charge of the election;

j/ To hold election reruns or additional elections.”

7. To amend and supplement Article 21 as follows:

“Article 21.

The Election Council fulfills its tasks of election of deputies to the National Assembly after submitting to the National Assembly of the new tenure the summary report on the election result, the records and documents related to the election.

The provincial-level Committees for Election of Deputies to the National Assembly and Deputies to the People’s Councils, Election Boards and Election Teams finish their tasks after the Election Council concludes the review of the election of deputies to the National Assembly in the whole country.”

8. To amend and supplement Article 25 as follows:

“Article 25.

No later than thirty-five days before the election day, the agency that draws up the voter list shall post it at the office of the commune, ward or township People’s Committee and public places in the electorate and at the same time widely announce the voter list and its posting so that the people can check the voter list.”

9. To amend and supplement Article 26 as follows:

“Article 26.

When checking the voter list, if detecting any mistake, everyone may, within twenty-five days after the date of posting, make an oral or written complaint about it to the agency that draws up the voter list. The agency that draws up the voter list shall record such complaint in a book. Within five days after the date of receiving a complaint, the agency that draws up the voter list shall settle it and inform the complainant of the settlement.

In case the complainant disagrees with the settlement result, he/she may lodge a lawsuit with the People’s Court of the rural or urban district, town or provincial city. Within five days after the date of receiving the lawsuit, the People’s Court shall complete the settlement. The ruling of the People’s Court is final.”

10. To amend and supplement Article 46 as follows:

“Article 46.

On the basis of the official list of candidates nominated by the Presidium of the Vietnam Fatherland Front Central Committee, the Election Council shall send to each Committee for Election of Deputies to the National Assembly and Deputies to the People’s Councils a list of candidates in the locality.

No later than twenty-five days before the election day, the Election Council shall draw up and make public the list of candidates for each of the constituencies in the whole country according to the official list from the Standing Board of the Vietnam Fatherland Front Central Committee and the provincial-level Committees for Election of Deputies to the National Assembly and Deputies to the People’s Councils.

The list of National Assembly candidates must clearly state their full names, dates of birth, gender, native places, places of residence, nationality, religion, educational level, qualifications, profession, working post and workplace. The candidates’ names shall be arranged in alphabetical order.

The number of candidates in the list for each constituency must be greater than the number of deputies to be elected therein; should a constituency be allowed to elect three deputies, the number of candidates in the list must be at least 2 persons more than the number of deputies to be elected. In case of vacancy of a candidate for a force majeure reason, the Election Council shall make decision.

Each candidate may have his/her name included in the list of candidates of only one constituency.”

11. To amend and supplement Article 55 as follows:

“Article 55.

In a special case that the election day must be delayed or the voting must take place earlier than the scheduled election day, the Election Team shall promptly report it to the Election Board for requesting the Election Committee to report it to the Election Council for consideration and decision.”

12. To amend and supplement Article 58 as follows:

“Article 58.

Each voter has the right to cast only one ballot.

Voters shall cast their ballots in person, not through other persons, except the cases specified in Article 59 of this Law; and shall produce their voter cards when casting their ballots.”

13. To amend and supplement Article 60 as follows:

“Article 60.

When a voter is marking his/her ballot paper, nobody, even members of the Election Team, may approach him/her. If the voter makes a writing error, he/she may ask the Election Team to change the ballot paper.

After the voter casts his/her ballot, the Election Team shall append the “ballot cast” mark to the voter card.”

14. To amend and supplement Article 68 as follows:

“Article 68.

1. After counting the votes, the Election Team shall make a report on the vote count result. The report must clearly state:

a/ The total number of voters of the electorate;

b/ The number of voters who have cast their votes;

c/ The number of distributed ballot papers;

d/ The number of received ballot papers;

e/ The number of valid votes;

f/ The number of invalid votes;

g/ The number of votes for each candidate;

h/ The complaints received, complaints already settled and settlement results, and complaints referred to the Election Board for settlement.

2. The report shall be made in three copies, each with the signatures of the Head and the secretary of the Election Team and two voters who have witnessed the vote count. Within three days after the election day, the report shall be sent to the Election Board and the People’s Committee and the Standing Board of the Fatherland Front Committee of the commune, ward or township.”

15. To amend and supplement Article 82 as follows:

“Article 82.

No later than twenty days before the additional-election day, the People’s Committee of the concerned province or centrally run city shall, after consulting the Standing Board of the People’s Council and the Standing Board of the Fatherland Front Committee of the same level, decide to set up in each constituency a By-Election Board composed of between three and five persons, including the Head, Deputy Head and secretary and other members who are representatives of the local administration and Fatherland Front Committee.”

16. To amend and supplement Article 83 as follows:

“Article 83.

No later than fifteen days before the additional-election day, the People’s Committee of the concerned commune, ward or township shall set up in each electorate an Additional-Election Team composed of between five and seven persons, including the Head, Deputy Head and secretary and other members who are representatives of state agencies, socio-political organizations, social organizations and voters in the locality.”

Article 2. To amend and supplement a number of articles of the Law on Election of Deputies to the People’s Councils.

1. To amend and supplement Article 13 as follows:

“Article 13.

1. Each constituency may be composed of one electorate or many electorates. Electorates for electing deputies to the People’s Councils are concurrently electorates for electing deputies to the National Assembly.

2. The establishment of electorates complies with Article 12 of the Law on Election of Deputies to the National Assembly.”

2. To amend and supplement Article 15 as follows:

“Article 15.

The organizations in charge of the election of deputies to the National Assembly include:

1. The Central Election Council;

2. The provincial-level Committees for Election of Deputies to the National Assembly and Deputies to the People’s Councils in provinces and centrally run cities; district-level Committees for Election of Deputies to the National Assembly and Deputies to the People’s Councils of rural districts, urban districts, towns and provincial cities; commune-level Committees for Election of Deputies to the National Assembly and Deputies to the People’s Councils in communes, wards and townships (below collectively referred to as Election Committees);

3. The Boards of Election of Deputies to Provincial-Level People’s Councils; the Boards of Election of Deputies to District-Level People’s Councils and the Boards of Election of Deputies to Commune-Level People’s Councils in the constituencies (below collectively referred to as Election Boards);

4. The Election Teams of the electorates.”

3. To add the following Article 15a to Article 15:

““Article 15a.

1. The Election Council shall be established under Clause 1, Article 14 of the Law on Election of Deputies to the National Assembly.

2. For the election of deputies to the People’s Councils, the Election Council has the following tasks and powers:

a/ To lead and direct the organization of the election in the whole country; to supervise and urge the implementation of the election law;

b/ To direct election information, propaganda and electioneering work;

c/ To direct the maintenance of security and social order and safety during the election;

d/ To define the forms of ballot papers for the election of People’s Council deputies;

e/ To cancel the returns of the election of deputies to the People’s Councils and decide on the date of election reruns in the constituencies.”

4. To amend and supplement Article 16 as follows:

“Article 16.

1. The establishment of the provincial-level Committees for Election of Deputies to the National Assembly and Deputies to the People’s Councils complies with Clause 1, Article 15 of the Law on Election of Deputies to the National Assembly.

For the election of deputies to the People’s Councils, the provincial-level Committees for Election of Deputies to the National Assembly and Deputies to the People’s Councils have the tasks and powers defined in Clause 3 of this Article.

2. No later than ninety-five days before the day for election of deputies to the People’s Councils, the district- and commune-level People’s Committees shall, after consulting the Standing Bodies of the People’s Councils and Standing Boards of the Fatherland Front Committees of the same level, decide to set up the corresponding Election Committees each composed of representatives of the Standing Body of the People’s Council, the People’s Committee, the Fatherland Front Committee and a number of concerned agencies and organizations.

A district-level Committee for Election of Deputies to a District-Level People’s Council shall be composed of between eleven and fifteen persons.

A commune-level Committee for Election of Deputies to a Commune-Level People’s Council shall be composed of between nine and eleven persons.

An Election Committee has the Chairman, Vice-Chairmen and secretary and members.

The list of members of the district- or commune-level Election Committee must be reported to the Standing Body of the People’s Council, the People’s Committee and the Standing Board of the Fatherland Front Committee of the immediate superior level.

3. The Election Committee has the following tasks and powers:

a/ To direct the election of deputies to the People’s Councils in the locality; supervise and urge the implementation of the law on the election of deputies to the People’s Councils;

b/ To direct the maintenance of security and social order and safety for the election of deputies to the People’s Councils in the locality;

c/ To direct election information, propaganda and electioneering work in the locality;

d/ To receive and consider the personal records of People’s Council candidates nominated by political, socio-political and social organizations, economic organizations, the people’s armed forces units, the state agencies, villages and street population groups in the locality and the personal records of the self-nominated candidates for the People’s Council election; to send the list and summarized biographies of the nominated and self-nominated People’s Council candidates to the Standing Board of the Fatherland Front Committee of the same level;

e/ To settle complaints and denunciations about the electoral work of the Election Boards and Election Teams;

f/ To announce the number and list of electorates and the number of People’s Council deputies to be elected in each electorate in the locality;

g/ To receive the personal records and announce the list of People’s Council candidates in each electorate; to settle complaints and petitions on the drawing up of such list;

h/ To receive the documents and ballot papers for the election of deputies to the People’s Councils from the People’s Committee of the same level and distribute them to the Election Boards at least twenty-five days before the election day;

i/ To receive and check the reports verifying the returns of the election of deputies to the People’s Councils from the Election Boards; to prepare a summary report on the election returns in the locality;

j/ To direct additional elections or election reruns of deputies to the People’s Councils under Articles 62, 63, 64 and 65 of this Law;

k/ To make public the returns of the election of deputies to the People’s Councils;

l/ To submit to the People’s Councils the summary report on the election of deputies to the People’s Councils and transfer the records and documents on the election of deputies to the People’s Councils under this Law.”

5. To amend and supplement Clause 1, Article 17 as follows:

“1. No later than forty-five days before the day for election of deputies to the People’s Councils, the People’s Committee shall, after consulting the Standing Body of the People’s Council and the Standing Board of the Fatherland Front Committee of the same level, decide to set up in each electorate an Election Board composed of representatives of state agencies, socio-political organizations and social organizations. At the commune level, such an Election Board shall be additionally composed of representatives of voters in the locality.

A provincial-level Board for Election of Deputies to the People’s Councils shall be composed of between eleven and thirteen persons.

A district-level Board for Election of Deputies to the People’s Councils shall be composed of between nine and eleven persons.

A commune-level Board for Election of Deputies to the People’s Councils shall be composed of between seven and nine persons.

An Election Board shall be composed of the Head, Deputy Head and secretary and members.”

6. To amend and supplement Article 18 as follows:

“Article 18.

1. An Election Team shall be established in each electorate to perform the work of election of deputies to the People’s Councils at all levels and election of deputies to the National Assembly.

2. The establishment of Election Teams and the tasks and powers of Election Teams comply with Article 17 of the Law on Election of Deputies to the National Assembly.”

7. To amend and supplement Article 22 as follows:

“Article 22.

The Election Council fulfills its tasks of election of deputies to the People’s Councils after the Election Committees submit to the first session of the new People’s Council the summary reports on the election result and the records and documents related to the election.

The Election Committee fulfills its tasks of election of deputies to the People’s Councils after the Election Committees submit to the first session of the new People’s Council the summary reports on the election result, the records and documents related to the election.

The Election Boards and Election Teams finish their tasks of election of deputies to the People’s Councils after the Election Committee concludes the review of the election of deputies to the People’s Councils.”

8. To amend and supplement Article 37 as follows:

“Article 37.

Commune, ward and township conferences of voters held according to hamlets and street population groups shall be jointly convened and presided over by the Standing Boards of the Fatherland Front Committees and the Standing Bodies of the People’s Councils and the People’s Committees of the same level.

Conferences of voters in state agencies, political organizations, socio-political organizations, social organizations, economic organizations or non-business units shall be convened and presided over by the heads of agencies or organizations in coordination with the Trade Union Executive Committees of the same level. Conferences of voters in people’s armed force units are armymen’s conferences which shall be convened and presided over by the units’ leaders or commanders.

Nominated and self-nominated People’s Council candidates and representatives of agencies, organizations, units, hamlets and street population groups having candidates shall be invited to attend these conferences.

At these conferences, voters shall base themselves on the criteria of People’s Council deputies to give their comments on and express their confidence in nominated and self-nominated candidates by show of hands or casting secret ballots as decided by the conferences.

Minutes of voters’ conferences for gathering comments on People’s Council candidates must clearly state the composition and number of participants as well as conferences’ proceedings and outcomes. Minutes of voters’ conferences for gathering comments on candidates of the People’s Council of a level shall be sent to the Standing Board of the Fatherland Front Committee of such level for preparation for third consultation conferences.

The National Assembly Standing Committee shall coordinate with the Vietnam Fatherland Front Central Committee in guiding the organization of conferences of voters at workplaces and places of residence.”

9. To amend and supplement Article 44 as follows:

“Article 44.

The Election Council shall direct the work of election information, propaganda and electioneering nationwide. The Election Committees shall direct the work of election information, propaganda and electioneering in their respective localities.”

10. To amend and supplement Article 48 as follows:

“Article 48.

The voting shall begin at seven hours and end at nineteen hours on the same day. Depending on the local situation, the Election Teams may decide to begin the voting earlier and end it later, but it must not begin before five hours and end after twenty-two hours on the same day.

Before the voting, the Election Teams shall check the ballot boxes to the witness of voters.”

11. To amend and supplement Article 54 as follows:

“Article 54.

During the election day, the voting must be conducted continuously. In case of unexpected events which interrupt the voting, the Election Teams shall immediately seal up ballot papers and ballot boxes, promptly report such to the Election Boards, and at the same time take necessary measures to continue the voting.

In special cases in which the voting needs to be postponed or held earlier than scheduled, the Election Teams shall promptly report them to the Election Boards in order to request the Election Committees to report to the Election Council for consideration and decision.”

12. To amend and supplement Article 64 as follows:

“Article 64.

The Election Council shall cancel the election at electorates which commit serious violations of law at the proposal of the Government and decide on the date for election reruns at such electorates.”

13. To amend and supplement Article 70 as follows:

“Article 70.

No later than twenty days before the date for additional election of deputies to the People’s Council of a level, the People’s Committee, the Standing Body of the People’s Council and Standing Board of the Fatherland Front Committee of such level shall set up the Additional-Election Committee composed of between three and five persons, and no later than fifteen days before the additional-election date, set up at each additional electorate an Additional-Election Board composed of between  three and five persons who are representatives of state agencies, socio-political organizations and social organizations.

An Additional-Election Committee shall be composed of the Chairman and secretary and members.

An Additional-Election Board shall be composed of the Head and secretary and members.”

14. To amend and supplement Article 71 as follows:

“Article 71.

No later than ten days before the additional-election date, the commune-level People’s Committee shall set up at each polling station an Additional-Election Team composed of between five and seven persons who are representatives of state agencies, socio-political organizations, social organizations and voters in the locality.

An Additional-Election Team shall be composed of the Head, Deputy Head and secretary and members.”

Article 3.

1. To replace the phrase “Election Committee” in Articles 18, 19, 28, 31, 38, 40, 45, 49, 50, 69, 71, 72, 73, 75, 76 and 84 of the Law on Election of Deputies to the National Assembly with the phrase “provincial-level Committee for Election of Deputies to the National Assembly and Deputies to the People’s Councils.”

To replace the phrase “Presidium of the Vietnam Fatherland Front Central Committee” in Articles 39 and 84 of the Law on Election of Deputies to the National Assembly with the phrase “Vietnam Fatherland Front Central Committee.”

2. To replace the phrase “Election Council” in Articles 12, 17, 21, 29, 31, 32, 36, 38, 40, 41, 43, 60, 62, 63, 66, 67 and 74 of the Law on Election of Deputies to the People’s Councils with the phrase “Election Committee.”

Article 4.

1. This Law takes effect on January 1, 2011.

2. The National Assembly Standing Committee, the Government and the Vietnam Fatherland Front Central Committee shall detail and guide articles and clauses as assigned in the Law; and guide other necessary contents of this Law to meet state management requirements.

This Law was passed on November 24, 2010, by the XIIth National Assembly of the Socialist Republic of Vietnam at its 8th session.-

Chairman of the National Assembly
NGUYEN PHU TRONG