Law on election of deputies to the National Assembly and deputies to People’s Councils, Law No. 85/2015/QH13

ORDER

On the promulgation of law[1]

THE PRESIDENT OF THE SOCIALIST REPUBLIC OF
VIETNAM

Pursuant to Articles 88 and 91 of the Constitution of the Socialist Republic of Vietnam;

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 on Election of Deputies to the National Assembly and Deputies to People’s Councils,

which was passed on June 25, 2015, by the XIII^thNational Assembly of the Socialist Republic of Vietnam at its 9^thsession.

President of the Socialist Republic of Vietnam
TRUONG TAN SANG

LAW

On election of deputies to the National Assembly and deputies to People’s Councils[2]

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on Election of Deputies to the National Assembly and Deputies to People’s Councils.

Chapter I

GENERAL PROVISIONS

Article 1.The election of deputies to the National Assembly and deputies to People’s Councils shall be conducted on the principles of universal, equal, direct and secret suffrage.

Article 2.Age of voters and age of candidates

By the date of election, all citizens of the Socialist Republic of Vietnam, who have attained the age of full eighteen years and over have the right to vote and who have attained the age of full twenty one years and over have the right to stand for the election of deputies to the National Assembly or deputies to People’s Councils at all levels in accordance with this Law.

Article 3.Criteria of candidates

1. A National Assembly deputy candidate must satisfy the criteria of National Assembly deputies prescribed in the Law on Organization of the National Assembly.

2. A People’s Council deputy candidate must satisfy the criteria of People’s Council deputies prescribed in the Law on Organization of Local Administration.

Article 4.Responsibilities of agencies and organizations in the election

1. The National Assembly shall decide on the national election day for the election of deputies to the National Assembly or deputies to People’s Councils at all levels; decide on the by-election of deputies to the National Assembly during a term; and decide to establish the National Election Council.

2. The National Election Council shall organize the election of deputies to the National Assembly; and direct and guide the election of deputies to People’s Councils at all levels.

3. The National Assembly Standing Committee shall propose and assign the number of National Assembly deputies to be elected; determine the proportion and composition of nominated candidates to stand for the election of deputies to the National Assembly; guide the determination of the proportion and composition and assignment of the number of nominated candidates to stand for the election of deputies to People’s Councils at all levels; organize the supervision of the election of deputies to the National Assembly and deputies to People’s Councils, ensuring the election is conducted in a democratic, lawful, safe and thrifty manner.

4. The Government shall direct ministries, ministerial-level agencies, government-attached agencies and People’s Committees at all levels in conducting electoral work in accordance with law; organize the application of measures to ensure funds and guide the management and use of funds for the election, and ensure information and communication work, security and safety and other necessary conditions for the election.

5. The Vietnam Fatherland Front shall organize consultations to select and nominate candidates for the election of deputies to the National Assembly and deputies to People’s Councils at all levels; and participate in supervising the election of deputies to the National Assembly and deputies to People’s Councils at all levels.

6. The Election Committees in provinces and centrally run cities shall organize the election of deputies to the National Assembly in their localities; the Election Committees in provinces and centrally run cities, rural districts, urban districts, towns and cities of provinces or centrally run cities, communes, wards and townships shall organize the election of deputies to corresponding provincial-, district- and commune-level People’s Councils; the Election Boards and Election Teams shall conduct electoral work for the election of deputies to the National Assembly and deputies to People’s Councils at all levels in accordance with this Law.

7. The Standing Bodies of People’s Councils shall plan the proportion, composition and number of deputies to People’s Councils to be elected at their levels; the Standing Bodies of People’s Councils and People’s Committees at all levels shall, within the ambit of their tasks and powers, supervise, inspect and conduct electoral work in accordance with this Law and other relevant legal documents.

8. State agencies, political organizations, socio-political organizations, social organizations, people’s armed forces units, non-business units and economic organizations shall create conditions for organizations in charge of election to perform their tasks and exercise their powers.

Article 5.Election day

The election day must be a Sunday and shall be announced at least 115 days in advance.

Article 6.Funds for organization of the election

Funds for organizing the election of deputies to the National Assembly and deputies to People’s Councils shall be ensured by the state budget.

Chapter II

PROPOSAL ON THE PROPORTION AND COMPOSITION AND ASSIGNMENT OF NUMBERS OF NATIONAL ASSEMBLY AND PEOPLE’S COUNCIL DEPUTIES; CONSTITUENCIES AND ELECTORATES

Article 7.Proposal and assignment of number of National Assembly deputies to be elected

The National Assembly Standing Committee shall propose and assign the number of National Assembly deputies to be elected in each province or centrally run city on the following bases:

1. Each province or centrally run city must have at least three deputies who reside and work in the locality;

2. The number of other deputies shall be determined based on the size of population and characteristics of each locality, ensuring that the total number of National Assembly deputies to be elected is five hundred.

Article 8.Proposal on the proportion and composition of nominated candidates to stand for the election of deputies to the National Assembly

1. Based on the proposed number of deputies to be elected to the National Assembly, after reaching agreement with the Standing Board of the Vietnam Fatherland Front Central Committee and representatives of socio-political organizations, at least 105 days before the election day, the National Assembly Standing Committee shall propose the proportion and composition of National Assembly deputies and number of candidates to be nominated by the political organizations, socio-political organizations, social organizations, people’s armed forces, state agencies at the central and local levels to stand for the election of deputies to the National Assembly, ensuring the reasonable proportion of representatives of various strata of people in the National Assembly.

2. The number of ethnic minority people to be nominated to stand for the election of deputies to the National Assembly shall be proposed by the National Assembly Standing Committee at the suggestion of the Ethnic Council of the National Assembly, ensuring that at least eighteen percent of the total number of National Assembly deputy candidates on the official list are ethnic minority people.

3. The number of women to be nominated to stand for the election of deputies to the National Assembly shall be proposed by the National Assembly Standing Committee at the suggestion of the Presidium of the Central Committee of the Vietnam Women’s Union, ensuring that at least thirty five percent of the total number of National Assembly deputy candidates on the official list are women.

4. The proposed proportion and composition and assignment of the number of candidates to be nominated to stand for the election of deputies to the National Assembly shall be sent by the National Assembly Standing Committee to the National Election Council, the Standing Board of the Vietnam Fatherland Front Central Committee, Election Committees in provinces and centrally run cities, and Standing Boards of provincial-level Vietnam Fatherland Front Committees.

Article 9.Proposal on the proportion and composition and assignment of the number of nominated candidates to stand for the election of deputies to People’s Councils

Based on the number of People’s Council deputies to be elected in each administrative unit in accordance with the Law on Organization of Local Administration, after reaching agreement with the Standing Boards of Vietnam Fatherland Front Committees and People’s Committees at the same level, at least 105 days before the election day:

1. The Standing Bodies of People’s Councils of provinces or centrally run cities (below collectively referred to as provincial-level People’s Councils) and Standing Bodies of People’s Councils of rural districts, urban districts, towns or cities of provinces or centrally run cities (below collectively referred to as district-level People’s Councils) shall propose the proportion and composition and assignment of the number of candidates to be nominated by the political organizations, socio-political organizations, social organizations, people’s armed forces units, state agencies at the same level, lower-level administrative units and non-business units and economic organizations in their localities to stand for the election of deputies to provincial- or district-level People’s Councils, ensuring at least thirty five percent of the total number of People’s Council deputy candidates on the official list are women. The number of candidates who are ethnic minority people shall be determined based on practical conditions of each locality;

2. The Standing Bodies of People’s Councils in communes, wards or townships (below collectively referred to as commune-level People’s Councils) shall propose the proportion and composition and assignment of the number of candidates to be nominated by the political organizations, socio-political organizations, social organizations, people’s armed forces units, state agencies at the same level, villages and hamlets (below collectively referred to as villages), street quarters and residential clusters (below collectively referred to as street quarters), and non-business units and economic organizations in their localities to stand for the election of deputies to commune-level People’s Councils, ensuring at least thirty five percent of the total number of People’s Council deputy candidates on the official list are women. The number of candidates who are ethnic minority people shall be determined based on practical conditions of each locality;

3. The proposed proportion and composition and assignment of the number of candidates nominated to stand for the election of deputies to People’s Councils shall be sent by the Standing Bodies of People’s Councils at each level to the National Election Council, the Standing Bodies of People’s Councils at the immediate higher level, and the Standing Board of the Vietnam Fatherland Front Committee and Election Committees at the same level.

Article 10.Constituencies

1. National Assembly deputies and People’s Council deputies shall be elected according to constituencies.

2. A province or centrally run city shall be divided into various constituencies for election of deputies to the National Assembly.

The number and list of constituencies and the number of National Assembly deputies for each constituency in a locality shall be calculated based on its size of population by the National Election Council at the request of the provincial-level Election Committee and made public at least 80 days before the election day.

3. A province or centrally run city shall be divided into various constituencies for election of deputies to provincial-level People’s Councils. A rural district, urban district, town or city of a province or centrally run city shall be divided into various constituencies for election of deputies to district-level People’s Councils. A commune, ward or township shall be divided into various constituencies for election of deputies to commune-level People’s Councils.

The number and list of constituencies for election of deputies to provincial-, district- or commune-level People’s Councils and the number of People’s Council deputies to be elected in each constituency shall be calculated by the Election Committees at such level at the request of the People’s Committees at the same level and made public at least 80 days before the election day.

4. Each constituency for election of deputies to the National Assembly may elect no more than three deputies. Each constituency for election of deputies to a People’s Council may elect no more than five deputies.

Article 11.Electorates

1. Each constituency for election of deputies to the National Assembly or deputies to People’s Councils shall be divided into various electorates. Electorates for election of deputies to the National Assembly concurrently serve as electorates for election of deputies to People’s Councils at all levels.

2. Each electorate must have between three hundred and four thousand voters. For mountainous or highland areas, islands and sparsely populated areas, an electorate may be formed even if it has fewer than three hundred voters.

3. The following entities or institutions may establish their own electorates:

a/ People’s armed forces units;

b/ Hospitals, maternity homes, sanitaria or nursing homes for people with disabilities or elderly people that have fifty voters or more each;

c/ Compulsory education establishments, compulsory detoxification establishments or detention camps.

4. The determination of electorates shall be decided by commune-level People’s Committees and approved by district-level People’s Committees. For rural districts that have no administrative unit of commune or township, the determination of electorates shall be decided by district-level People’s Committees.

Chapter III

THE NATIONAL ELECTION COUNCIL AND LOCAL ORGANIZATIONS IN CHARGE OF ELECTION

Section 1

THE NATIONAL ELECTION COUNCIL

Article 12.Structure and organization of the National Election Council

1. The National Election Council shall be established by the National Assembly and composed of between fifteen and twenty one members, including the Chairperson, Vice Chairpersons and members who are representatives of the National Assembly Standing Committee, Government, Vietnam Fatherland Front Central Committee, and a number of concerned agencies and organizations.

2. The Chairperson of the National Election Council shall be elected and relieved of duty by the National Assembly at the request of the National Assembly Standing Committee. Vice Chairpersons and members of the National Election Council shall be approved by the National Assembly at the request of the Chairperson of the National Election Council.

3. The National Election Council may establish various committees to assist it in performing its tasks and exercising its powers in different fields.

Article 13.Operation principles of the National Election Council

The National Election Council shall operate on a collegial basis and make decisions by vote of majority. Its meetings shall only be conducted with the participation of at least two-thirds of the total number of its members. Its decisions shall be adopted when voted for by more than half of the total number of its members.

The National Election Council is answerable, and shall report on its activities, to the National Assembly and National Assembly Standing Committee.

Article 14.General tasks and powers of the National Election Council

1. To organize the election of deputies to the National Assembly.

2. To direct and guide electoral work for the election of deputies to People’s Councils at all levels.

3. To direct election information, communication and campaigning work.

4. To direct the safeguard of security, social order and safety during the election.

5. To inspect and urge the implementation of the law on election.

6. To set the forms of dossiers of candidates standing for the election, voter cards, ballots, rules of polling stations and other paper forms for electoral work.

Article 15.Tasks and powers of the National Election Council in organizing the election of deputies to the National Assembly

1. To fix and make public the number of constituencies for the election of National Assembly deputies, and the list of constituencies and number of National Assembly deputies to be elected in each constituency.

2. To receive and examine dossiers of candidates nominated by the political organizations, socio-political organizations, social organizations, people’s armed forces and central state agencies to stand for the election of National Assembly deputies; to receive dossiers and list of candidates for election of National Assembly deputies sent by provincial-level Election Committees.

3. To send the list enclosed with resumes, copies of summarized biographies and declarations of property and incomes of candidates nominated by the political organizations, socio-political organizations, social organizations, people’s armed forces and central state agencies to stand for the election of National Assembly deputies to the Standing Board of the Vietnam Fatherland Front Central Committee for conducting consultations. To nominate and send dossiers of National Assembly deputy candidates who are nominated by the Presidium of the Vietnam Fatherland Front Central Committee after consultations to stand for the election in provinces and centrally run cities.

4. To draw up and make public official lists of National Assembly deputy candidates for each constituency; to delete names of candidates from such official lists.

5. To receive and check written records ascertaining election returns from provincial-level Election Committees and Election Boards; to make a written record summarizing the national election of National Assembly deputies.

6. To decide on by-election or election re-run of National Assembly deputies, or cancel election returns in electorates or constituencies where serious violations of law are committed and decide on the date for election re-run.

7. To certify and make public the returns of the election of National Assembly deputies nationwide; to certify status of elected National Assembly deputies.

8. To submit to the new National Assembly a summarization report on the national election and results of certification of status of elected National Assembly deputies.

9. To settle complaints and denunciations about the election of National Assembly deputies, and forward dossiers, complaints and denunciations related to elected National Assembly deputies to the National Assembly Standing Committee.

10. To manage and allocate funds for the organization of the election of National Assembly deputies.

Article 16.Tasks and powers of the National Election Council in directing and guiding the election of deputies to People’s Councils

1. To direct and guide the implementation of the law on election of deputies to People’s Councils.

2. To guide the operation of organizations in charge of election of deputies to People’s Councils.

3. To inspect the organization of the election of deputies to People’s Councils.

4. To cancel returns of the election of deputies to People’s Councils in electorates or constituencies where serious violations of law are committed and decide on the date for election re-run.

Article 17.Tasks and powers of the Chairperson, Vice Chairpersons and members of the National Election Council

1. The Chairperson of the National Election Council is answerable to the National Assembly for operation of the National Election Council and shall perform the following tasks and exercise the following powers:

a/ Submitting the list of Vice Chairpersons and members of the National Election Council to the National Assembly for approval;

b/ Convening and chairing meetings of the National Election Council;

c/ Leading and directing the work of the National Election Council;

d/ Staying in touch with members of the National Election Council;

dd/ Representing the National Election Council in relationships with other agencies and organizations;

e/ Other tasks and powers as assigned by the National Election Council.

2. Vice Chairpersons and members of the National Election Council shall perform tasks and exercise powers assigned by the National Election Council and are answerable to the National Election Council for the performance of their tasks and exercise of their powers.

3. When the Chairperson of the National Election Council is absent, a Vice Chairperson authorized by the Chairperson shall perform the tasks and exercise the powers of the Chairperson of the National Election Council.

Article 18.Working relationships of the National Election Council

1. The National Election Council shall coordinate with the National Assembly Standing Committee in supervising and inspecting the election of deputies to the National Assembly and deputies to People’s Councils.

2. The National Election Council shall coordinate with the Presidium of the Vietnam Fatherland Front Central Committee in holding consultations and nominating National Assembly deputy candidates, and guide the consultations and nomination of People’s Council deputy candidates and campaigning activities.

3. The National Election Council shall coordinate with the Government in ensuring funds, security, safety and other necessary conditions for the election of deputies to the National Assembly and deputies to People’s Councils.

4. The National Election Council shall direct and guide organizations in charge of election nationwide in the election of deputies to the National Assembly and deputies to People’s Councils.

Article 19.The assisting apparatus and operation fund of the National Election Council

1. The National Election Council has an assisting apparatus established under regulations of the National Assembly Standing Committee.

2. The National Election Council may summon cadres and civil servants of state agencies, political organizations and socio-political organizations to assist it.

3. The operation fund of the National Election Council shall be ensured by the state budget.

Article 20.Time when the National Election Council fulfills its tasks

The National Election Council shall fulfill its tasks after submitting to the succeeding National Assembly a summary report on the national election and results of certification of status of elected National Assembly deputies, and handing over summarization records and dossiers and documents related to the election of deputies to the National Assembly to the Standing Committee of the new National Assembly.

Section 2

LOCAL ORGANIZATIONS IN CHARGE OF ELECTION

Article 21.Local organizations in charge of election

1. Election Committees in provinces and centrally run cities, Election Committees in rural districts, urban districts, towns and cities of provinces and centrally run cities, and Election Committees in communes, wards and townships (below collectively referred to as Election Committees).

2. Election Boards for election of deputies to the National Assembly, Election Boards for election of deputies to provincial-level People’s Councils, Election Boards for election of deputies to district-level People’s Councils, and Election Boards for election of deputies to commune-level People’s Councils (below collectively referred to as Election Boards).

3. Election Teams.

Article 22.Establishment, structure and composition of Election Committees

1. At least 105 days before the election day, provincial-level People’s Committees shall, after reaching agreement with the Standing Bodies of People’s Councils and Standing Boards of Vietnam Fatherland Front Committees at the same level, decide to establish Election Committees in their provinces or centrally run cities (below referred to as provincial-level Election Committees) to conduct electoral work for the election of deputies to the National Assembly and organize the election of deputies to provincial-level People’s Councils in their provinces or centrally run cities.

A provincial-level Election Committee shall be composed of between twenty-one and thirty-one members, including the Chairperson, Vice Chairpersons and members who are representatives of the Standing Body of the People’s Council, People’s Committee and Vietnam Fatherland Front Committee at the same level, and a number of concerned agencies and organizations.

The list of provincial-level Election Committees shall be sent to the National Election Council, National Assembly Standing Committee, Government and Standing Board of the Vietnam Fatherland Front Central Committee.

2. At least 105 days before the election day, district- or commune-level People’s Committees shall, after reaching agreement with the Standing Bodies of People’s Councils and Standing Boards of Vietnam Fatherland Front Committees at the same level, decide to establish Election Committees in their rural districts, urban districts, towns and cities of provinces and centrally run cities (below referred to as district-level Election Committees) or Election Committees in their communes, wards and townships (below referred to as commune-level Election Committees) to organize the election of deputies to corresponding district- or commune-level People’s Councils.

A district-level Election Committee shall be composed of between eleven and fifteen members; a commune-level Election Committee shall be composed of between nine and eleven members. Members of a district- or commune-level Election Committee include the Chairperson, Vice Chairpersons and members who are representatives of the Standing Body of the People’s Council, People’s Committee and Vietnam Fatherland Front Committee at the same level, and a number of concerned agencies and organizations.

The lists of district-level Election Committees and commune-level Election Committees shall be sent to the Standing Body of the People’s Council, People’s Committee, and Standing Board of the Vietnam Fatherland Front Committee at the immediate higher level.

Article 23.Tasks and powers of Election Committees

1. In the election of deputies to the National Assembly, provincial-level Election Committees have the following tasks and powers:

a/ To direct the preparation for and organize the election of deputies to the National Assembly in constituencies in their provinces or centrally run cities; to inspect and urge the implementation of the law on election of deputies to the National Assembly by Election Boards and Election Teams;

b/ To direct election information, communication and campaigning work in their localities;

c/ To direct the safeguard of security and social order and safety during the election of deputies to the National Assembly in their localities;

d/ To receive and examine dossiers of candidates nominated by local political organizations, socio-political organizations, social organizations, people’s armed forces units, state agencies, non-business units and economic organizations to stand for the election of deputies to the National Assembly and dossiers of independent candidates in their localities; to send lists enclosed with resumes, copies of summarized biographies and declarations of property and incomes of nominated candidates and independent candidates for the election of deputies to the National Assembly to the Standing Boards of provincial-level Vietnam Fatherland Front Committees for conducting consultations; and to send dossiers and lists of National Assembly deputy candidates in their localities to the National Election Council;

dd/ To draw up lists of National Assembly deputy candidates according to constituencies and report them to the National Election Council for decision;

e/ To direct and inspect the drawing up and posting of voter lists;

g/ To receive documents and ballots from provincial-level People’s Committees and distribute them to Election Boards at least 25 days before the election day;

h/ To settle complaints and denunciations about electoral work of the Election Boards and Election Teams; complaints and denunciations about the election of deputies to the National Assembly transferred from the Election Boards and Election Teams; and complaints and denunciations about National Assembly deputy candidates;

i/ To receive and check written records ascertaining election returns from the Election Boards; to make written records ascertaining election returns in their localities;

k/ To report on the organization and progress of the election at the request of the National Election Council;

l/ To transfer dossiers and written records ascertaining election returns to the National Election Council;

m/ To organize by-elections and election re-runs of deputies to the National Assembly if so decided by the National Election Council.

2. In the election of deputies to People’s Councils, the Election Committees at all levels have the following tasks and powers:

a/ To direct the organization of the election of deputies to People’s Councils at their respective levels in their localities; to inspect and urge the implementation of the law on election of deputies to People’s Councils;

b/ To manage and allocate funds for the organization of the election of deputies to People’s Councils at their respective levels;

c/ To direct election information and communication and campaigning work in their localities;

d/ To direct the safeguard of security, social order and safety during the election of deputies to local People’s Councils;

dd/ To fix and make public the number of constituencies, list of constituencies and number of deputies to be elected in each constituency to People’s Councils at their respective levels;

e/ To receive and examine dossiers of candidates nominated by the political organizations, socio-political organizations, social organizations, people’s armed forces units, state agencies, non-business units, economic organizations, villages and street quarters in their localities and independent candidates for the election of deputies to People’s Councils at their respective levels; to send the lists enclosed with resumes, copies of summarized biographies and declarations of property and incomes of nominated candidates and independent candidates for election of deputies to People’s Councils to the Standing Boards of Vietnam Fatherland Front Committees at their respective levels for conducting consultations;

g/ To draw up and make public official lists of candidates for election of deputies to People’s Councils at their respective levels in each constituency; to delete names of candidates from such official lists;

h/ To receive ballots for election of deputies to People’s Councils from the People’s Committees at their respective levels and distribute them to the Election Boards at least 25 days before the election day;

i/ To receive and check written records ascertaining election returns in each constituency from the Election Boards; to make summarization records on the election of deputies to People’s Councils at their respective levels;

k/ To direct by-elections or election re-runs of deputies to People’s Councils in accordance with Articles 79, 80, 81 and 82 of this Law;

l/ To certify and make public returns of the election of deputies to People’s Councils; to certify the status of elected People’s Council deputies;

m/ To submit to new People’s Councils summarization reports on the election and results of certification of the status of elected deputies to People’s Councils at their respective levels;

n/ To settle complaints and denunciations about electoral work conducted by the Election Boards for the election of deputies to People’s Councils at their respective levels, and by the Election Teams; complaints and denunciations about the election of deputies to People’s Councils at their respective levels forwarded by the Election Boards and Election Teams; complaints and denunciations about candidates and the drawing up of lists of candidates at their respective levels;

o/ To hand over written records, dossiers and documents related to the election of deputies to People’s Councils to the Standing Bodies of the new People’s Councils at their respective levels.

Article 24.Election Boards

1. At least 70 days before the election day, provincial-level People’s Committees shall, after reaching agreement with the Standing Bodies of People’s Councils and Standing Boards of Vietnam Fatherland Front Committees at the same level, decide to establish in each constituency for the election of deputies to the National Assembly an Election Board composed of between nine and fifteen members including the Chairperson, Vice Chairpersons and members who are representatives of the Standing Body of the People’s Council, People’s Committee and Vietnam Fatherland Front Committee at the same level, and a number of concerned agencies and organizations.

2. At least 70 days before the election day, provincial-, district- or commune-level People’s Committees shall, after reaching agreement with the Standing Bodies of People’s Councils and Standing Boards of Vietnam Fatherland Front Committees at the same level, decide to establish in each constituency for the election of deputies to People’s Councils at the same level an Election Board composed of representatives of state agencies, political organizations, socio-political organizations and social organizations. The composition of an Election Board for election of deputies to commune-level People’s Councils must include also representatives of local voters.

An Election Board for election of deputies to a provincial-level People’s Council shall be composed of between eleven and thirteen members. An Election Board for election of deputies to a district-level People’s Council shall be composed of between nine and eleven members. An Election Board for election of deputies to a commune-level People’s Council shall be composed of between seven and nine members. An Election Board shall be composed of the Chairperson, Vice Chairpersons and members.

3. An election Board has the following tasks and powers:

a/ To inspect and urge the implementation of the election law by the Election Teams in its constituency;

b/ To inspect and urge the drawing up and posting of voter lists and the posting of candidates’ lists by the Election Teams in its constituency;

c/ To direct, inspect and urge the arrangement of polling stations and electoral work at polling stations;

d/ To receive and distribute documents and ballots to the Election Teams at least 15 days before the election day;

dd/ To receive, summarize and check written records of vote count results made by the Election Teams; to make written records ascertaining election returns in its constituency;

e/ To settle complaints and denunciations about electoral work conducted by the Election Teams and complaints and denunciations about the election forwarded by the Election Teams; to receive and forward to the provincial-level Election Committee complaints and denunciations about National Assembly deputy candidates; to receive and forward to the Election Committees at respective levels complaints and denunciations about People’s Council deputy candidates;

g/ To report on the election organization and progress sunder the guidance at the request of the National Election Council or Election Committee at its respective level;

h/ To forward dossiers and documents on the election of deputies to the National Assembly to the provincial-level Election Committee; to forward dossiers and documents on the election of deputies to People’s Councils to the Election Committee at its respective level;

i/ To organize by-elections or election re-runs (if any).

Article 25.Election Teams

1. At least 50 days before the election day, commune-level People’s Committees shall, after reaching agreement with the Standing Bodies of People’s Councils and Standing Boards of Vietnam Fatherland Front Committees at the same level, decide to establish in each electorate an Election Team to conduct electoral work for the election of deputies to the National Assembly and deputies to People’s Councils at all levels. An Election Team shall be composed of between eleven and twenty-one members including the Head, Secretary and members who are representatives of local state agencies, political organizations, socio-political organizations, social organizations and voters.

For districts that have no administrative unit of commune or township, district-level People’s Committees shall, after reaching agreement with the Standing Bodies of People’s Councils and Standing Boards of Vietnam Fatherland Front Committees at the same level, decide to establish in each electorate an Election Team composed of between eleven and twenty-one members including the Head, Secretary and members who are representatives of local state agencies, political organizations, socio-political organizations, social organizations and voters.

Any people’s armed forces unit determined as a separate electorate may establish an Election Team composed of between five and nine members including the Head, Secretary and members who are representatives of the unit’s commanders and soldiers.

In case a people’s armed forces unit and the locality where it is stationed share an electorate, the commune-level People’s Committee shall, after reaching agreement with the Standing Body of the People’s Council and the Standing Board of the Vietnam Fatherland Front Committee at the same level and commanders of such unit, decide to establish an Election Team composed of eleven and twenty-one members including the Head, Secretary and members who are representatives of local state agencies, political organizations, socio-political organizations, social organizations and voters and representatives of commanders and soldiers of such unit.

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

a/ To take charge of electoral work in its electorate;

b/ To arrange polling stations and prepare ballot boxes;

c/ To receive documents and ballots from the Election Board; to distribute voter cards and ballots bearing its seal to voters;

d/ To regularly notify voters of the election day, polling places and time within 10 days before the election day;

dd/ To ensure strict observance of the election law and rules of polling stations;

e/ To settle complaints and denunciations about the performance of its tasks and exercise of its powers provided in this Article; to receive and forward to relevant Election Boards complaints and denunciations about National Assembly deputy candidates or People’s Council deputy candidates, and other complaints and denunciations falling beyond its settling competence;

g/ To count votes and make and send written records of vote count results to relevant Election Boards;

h/ To transfer written records of vote count results and all votes to the commune-level People’s Committee upon completion of the vote count;

i/ To report on the election organization and process under regulations of superior organizations in charge of election;

k/ To organize additional elections or re-run elections in its electorate (if any).

Article 26.Operation principles of local organizations in charge of election

1. Local organizations in charge of election shall operate on a collegial basis and make decisions by vote of majority. Their meetings shall only be held with the participation of at least two-thirds of the total number of their members; and their decisions shall be adopted when voted for by more than half of the total number of their members.

2. Agencies competent to establish organizations in charge of election may summon cadres, civil servants and public employees of state agencies, socio-political organizations, social organizations and public non-business units to assist these organizations in conducting work related to the election organization.

Article 27.Persons not allowed to join organizations in charge of election

Persons who stand for the election of deputies to the National Assembly or deputies to People’s Councils may not work as members of the Election Boards or Election Teams in the constituencies where they are candidates. If they have become members of the Election Boards or Election Teams in the constituencies where they are candidates, they shall withdraw from the lists of members of such organizations no later than the date the official lists of candidates are made. If a candidate fails to make a request for his/her withdrawal, the agency that has decided on the establishment of the Election Board or Election Team shall issue a decision to delete his/her name from the list of members of the organization in charge of election and add another member in replacement.

Article 28.Time when local organizations in charge of election fulfill their tasks

1. The provincial-level Election Committees, Election Boards for election of deputies to the National Assembly and Election Teams shall fulfill their tasks in the election of deputies to the National Assembly after the National Election Council completes the summarization of the election of deputies to the National Assembly nationwide and makes public election returns.

2. The Election Committees shall fulfill their tasks in the election of deputies to People’s Councils after they present their summarization reports on the election and dossiers and documents related to the election at the first session of new People’s Councils.

3. The Election Boards for the election of deputies to People’s Councils and Election Teams shall fulfill their tasks in the election of deputies to People’s Councils after the Election Committees complete the summarization of the election and make public election returns.

Chapter IV

VOTER LISTS

Article 29.Principles of drawing up voter lists

1. All citizens having the voting right shall have their names included in voter lists and be provided with voter cards, except those specified in Clause 1, Article 30 of this Law.

2. A citizen may only have his/her name included in the voter list of the locality where he/she permanently or temporarily resides.

3. Voters who are temporary residents and have registered their temporary residence of less than 12 months and soldiers in people’s armed forces units shall have their names included in the voter lists for the election of deputies to the National Assembly or deputies to provincial- or district-level People’s Councils of localities where they temporarily reside or are stationed.

4. An overseas Vietnamese citizen who returns to Vietnam during the period from the time when a voter list is publicly displayed to the time of 24 hours before the polling commences may come to the commune-level People’s Committee to produce his/her passport stating his/her Vietnamese nationality in order to have his/her name included in the voter list and receive a voter card for election of deputies to the National Assembly and deputies to provincial-, district- and commune-level People’s Councils (if he/she produces his/her passport at the registered place of his/her permanent residence) or for election of deputies to the National Assembly and deputies to provincial- and district-level People’s Councils (if he/she produces his/her passport at the registered place of his/her temporary residence).

5. A voter who is currently held in custody or detained or serving the measure of consignment into a compulsory education or compulsory detoxification establishment may have his/her name included in the voter list for election of deputies to the National Assembly and deputies to provincial-level People’s Council of the locality where he/she is held in custody or detained or serving the measure of consignment into a compulsory education or compulsory detoxification establishment.

Article 30.Persons whose names are not included in, deleted from, or added to voter lists

1. Persons who are deprived of the voting right under legally effective court judgments or decisions, have been sentenced to death and are waiting judgment execution, are serving imprisonment sentences and are not entitled to suspended sentence, or have lost their civil act capacity shall not have their names included in the voter list.

2. If a person falling into a case specified in Clause 1 of this Article has his/her voting right restored, is set free or certified by a competent agency that he/she is no longer in the state of civil act capacity loss 24 hours before the polling commences, he/she shall have his/her name added to a voter list and be provided with a voter card.

3. A person whose place of permanent residence is changed from a commune-level administrative unit where his/her name has been included in a voter list to another during the period from the time such voter list is posted up to the time 24 hours before the polling commences shall have his/her name removed from the voter list in the former place of residence and included in the voter list in the new place of permanent residence for the election of deputies to the National Assembly and deputies to provincial-, district- and commune-level People’s Councils; a person who moves to temporarily reside in a place different from the commune-level administrative unit where his/her name has been included in a voter list and wishes to vote in the new place of temporary residence shall have his/her name deleted from the voter list in the former place of residence and added to the voter list in the new place of temporary residence for the election of deputies to the National Assembly and deputies to provincial- and district-level People’s Councils.

4. If a voter specified in Clause 5, Article 29 of this Law is set free or the duration of compulsory education or compulsory detoxification expires 24 hours before the polling commences, his/her name shall be deleted from the voter list in the locality where the detention camp or compulsory education or compulsory detoxification establishment is located and added to the voter list in the registered place of permanent residence for the election of deputies to the National Assembly or deputies to provincial-, district- and commune-level People’s Councils or added to the voter list in the registered place of temporary residence for the election of deputies to the National Assembly or deputies to provincial- and district-level People’s Councils.

5. If a person whose name has been included in a voter list, by the time the polling commences, is deprived of the voting right by a court, or has to serve an imprisonment sentence or loses his/her civil act capacity, the commune-level People’s Committee shall delete his/her name from the voter list and withdraw his/her voter card.

Article 31.Competence to draw up voter lists

1. Voter lists shall be draw up by commune-level People’s Committees for electorates.

For districts that have no administrative unit of commune or township, district-level People’s Committees shall draw up voter lists for electorates.

2. A voter list in a people’s armed forces unit shall be drawn up by the unit’s commander to be included in the voter list of the electorate of the locality where the unit is stationed. A soldier who has his/her permanent residence registration in a locality near his/her unit’s stationing area may be granted a certificate by the unit commander to have his/her name included in the voter list and vote in such locality. When granting the certificate, the unit commander shall promptly write in the voter list of the unit the phrase “Voting in the place of residence” next to the soldier’s name.

Article 32.Posting of voter lists

At least 40 days before the election day, the agency that draws up the voter list shall post it up at the office of the commune-level People’s Committee and public places of the electorate, and at the same time publicly announce the voter list and posting so that local people can check the list.

Article 33.Complaints about voter lists

Upon detecting any error in a voter list, citizens may, within 30 days after the list is drawn up, file a complaint with the agency that has drawn up the voter list. The agency that has drawn up the voter list shall receive and record in a book such complaint. Within five days after receiving a complaint, the agency that has drawn up the voter list shall settle it and notify the complainant of the settlement result.

In case the complainant disagrees with the complaint settlement result or the complaint remains unsettled after the settlement time limit expires, the complainant may institute a lawsuit at a people’s court in accordance with the law on administrative procedure.

Article 34.Voting elsewhere

If, during the period from the time the voter list is posted up to the election day, any voter moves to another place and cannot vote at the place where his/her name is included in the voter list, he/she may ask for a certificate from the commune-level People’s Committee of the locality where his/her name is included in the voter list in order to have his/her name added in the voter list and vote in the election of deputies to the National Assembly and deputies to provincial-level People’s Council in the place where he/she can vote. When granting such a certificate, the commune-level People’s Committee shall promptly write in the voter list in the electorate of its locality the phrase “Voting elsewhere” next to the voter’s name.

Chapter V

CANDIDACY AND CONSULTATION, NOMINATION OF CANDIDATES FOR THE ELECTION OF DEPUTIES TO THE NATIONAL ASSEMBLY AND DEPUTIES TO PEOPLE’S COUNCILS

Section 1

CANDIDACY

Article 35.Candidacy dossiers and time limit for submission of candidacy dossiers

1. A citizen who stands for the election of deputies to the National Assembly or deputies to People’s Councils in accordance with this Law shall submit his/her candidacy dossier at least 70 days before the election day.

2. A candidacy dossier must comprise:

a/ An application for candidacy;

b/ A curriculum vitae of the applicant certified by a competent agency, organization or unit;

c/ A summarized biography;

d/ Three color portrait photos of 4cm x 6cm size;

dd/ A declaration of property and incomes made in accordance with the anti-corruption law.

3. The National Election Council shall guide this Article.

Article 36.Submission of candidacy dossiers

1. The submission of candidacy dossiers by National Assembly deputy candidates is as follows:

a/ A candidate nominated by a political organization, socio-political organization, social organization, people’s armed forces unit or state agency at the central level shall submit two candidacy dossier sets to the National Election Council;

b/ A candidate nominated by a local political organization, socio-political organization, social organization, people’s armed forces unit, state agency, non-business unit or economic organization or a self-nominated candidate shall submit two dossier sets to the provincial-level Election Committee of the locality where he/she resides or regularly works;

c/ After receiving and examining dossiers of candidates, if finding them valid in accordance with this Law, the National Election Council shall transfer the list enclosed with resumes, copies of summarized biographies and property and income declarations of nominated candidates to the Standing Board of the Vietnam Fatherland Front Central Committee. Provincial-level Election Committees shall transfer candidacy dossiers of nominated and self-nominated candidates in their localities to the National Election Council; transfer lists enclosed with resumes, copies of summarized biographies and property and income declarations of nominated and self-nominated candidates in their localities to the Standing Boards of provincial-level Vietnam Fatherland Front Committees for inclusion in the lists for consultation.

2. A candidate for the election of deputies to People’s Councils shall submit one candidacy dossier set to the Election Committee in the administrative unit where he/she stands for the election. A candidate self-nominated or nominated to stand for the election of deputies to the People’s Council in a locality must be a resident or regularly work in such locality.

After receiving and examining dossiers of candidates self-nominated or nominated by agencies, organizations and units, if finding them valid in accordance with this Law, Election Committees shall transfer lists enclosed with resumes, copies of summarized biographies and property and income declarations of these candidates to the Standing Boards of Vietnam Fatherland Front Committees at the same level for inclusion in the list of consultation.

3. A citizen may submit his/her candidacy dossier to stand for the election of deputies to People’s Councils at no more than two levels in the same term of office. If he/she has submitted a candidacy dossier to stand for the election of deputies to the National Assembly, he/she may submit a candidacy dossier to stand for the election of deputies to People’s Councils at only one level.

Article 37.Persons not allowed to stand for the election of deputies to the National Assembly and deputies to People’s Councils

1. Persons who are deprived of the right to stand for election under legally effective court judgments or decisions, are serving imprisonment sentences or have their civil act capacity restricted or have lost their civil act capacity.

2. Persons who are accused in criminal cases.

3. Persons who are serving criminal judgments or decisions of courts.

4. Persons who have completely served criminal judgments or decisions of courts but their convictions have not yet been remitted.

5. Persons who are serving the administrative handling measure of consignment into compulsory education or compulsory detoxification establishments or education in communes, wards or townships.

Section 2

CONSULTATION AND NOMINATION OF CANDIDATES FOR THE ELECTION OF DEPUTIES TO THE NATIONAL ASSEMBLY AND ADJUSTMENT OF THE PROPORTION, COMPOSITION AND NUMBER OF CANDIDATES NOMINATED TO STAND FOR THE ELECTION OF DEPUTIES TO THE NATIONAL ASSEMBLY

Article 38.The first consultative conference at the central level

1. The first consultative conference at the central level shall be organized by the Presidium of the Vietnam Fatherland Front Central Committee at least 95 days before the election day. The first consultative conference shall be participated by the Presidium of the Vietnam Fatherland Front Central Committee and representatives of leaderships of the member organizations of the Front. Representatives of the National Election Council, National Assembly Standing Committee and Government shall be invited to attend this conference.

2. The consultative conference shall agree on the proportion, composition and number of candidates nominated by agencies, organizations and units at the central level to stand for the election of deputies to the National Assembly based on the proposal of the National Assembly Standing Committee.

3. The minutes of the consultative conference must clearly state the composition and number of participants, proceedings and results of the conference, and shall be promptly sent to the National Election Council and National Assembly Standing Committee.

Article 39.The first consultative conference in provinces and centrally run cities

1. The first consultative conference in a province or centrally run city shall be organized by the Standing Board of the provincial-level Vietnam Fatherland Front Committee at least 95 days before the election day. The first consultative conference shall be participated by the Standing Board of the provincial-level Vietnam Fatherland Front Committee, representatives of leaderships of the member organizations of the Front at the same level and representatives of the Standing Boards of subordinate district-level Vietnam Fatherland Front Committees. Representatives of the provincial-level Election Committee, the Standing Board of the provincial-level People’s Council and People’s Committee shall be invited to attend the conference.

2. The consultative conference shall agree on the proportion, composition and number of candidates nominated by local agencies, organizations and units to stand for the election of deputies to the National Assembly based on the proposal ofthe National Assembly Standing Committee.

3. The minutes of the consultative conference must clearly state the composition and number of participants, proceedings and results of the conference, and shall be promptly sent to the National Election Council, National Assembly Standing Committee, Standing Board of the Vietnam Fatherland Front Central Committee, and provincial-level Election Committee.

Article 40.First adjustment by the National Assembly Standing Committee

Based on first consultation results, at least 90 days before the election day, the National Assembly Standing Committee shall make the first adjustment to the proportion, composition and number of candidates nominated by agencies, organizations and units at central and local levels to stand for the election of deputies to the National Assembly.

Article 41.Nomination of people of agencies, organizations and units at the central level as candidates for the election of deputies to the National Assembly

Based on the first adjustment by the National Assembly Standing Committee and the criteria of National Assembly deputies, agencies, organizations and units at the central level, which have been assigned a number of their people to be nominated as candidates for the election of deputies to the National Assembly, shall select and nominate their people as candidates for the election as follows:

1. The leadership of a political organization, socio-political organization or social organization shall propose its people to be nominated as candidates for the election of deputies to the National Assembly, and collect comments from the conferences of voters in the workplaces of such people. Based on these comments, the leadership shall organize a meeting of the expanded Standing Committee or expanded Presidium to discuss and nominate its people to stand for the election of deputies to the National Assembly;

2. The leadership of a state agency shall coordinate with the trade union executive committee of its agency in propose its people to be nominated as candidates for the election of deputies to the National Assembly and collect comments from the conferences of voters in the workplaces of such people. Based on these comments, the leadership of the agency shall organize a conference with leaders of the agency, representatives of the trade union executive committee and representatives of leaders of its attached units to discuss and nominate its candidates to stand for the election of deputies to the National Assembly;

3. The commander of a people’s armed forces unit shall propose the unit’s people to be nominated as candidates for the election of deputies to the National Assembly and collect comments from voters in the units where these people serve. Based on these comments, the commander of the unit shall organize a conference with leaders and commanders of the unit, representatives of the trade union executive committee (if any), representatives of soldiers and immediate subordinate commanders to discuss and nominate its people to stand for the election of deputies to the National Assembly;

4. The organization of a conference of voters mentioned in this Article must comply with Article 45 of this Law;

5. Agencies, organizations and units at the central level that nominate their people to stand for the election of deputies to the National Assembly shall transfer minutes of the conferences of voters in the workplaces and minutes of the conferences of their leaderships containing comments on nominated candidates for the election of deputies to the National Assembly to the Standing Board of the Vietnam Fatherland Front Central Committee before the second consultative conference is organized.

Article 42.Nomination of people of local agencies, organizations and units as candidates for the election of deputies to the National Assembly

Based on the first adjustment by the National Assembly Standing Committee and the criteria of National Assembly deputies, local agencies, organizations and units that have been assigned a number of their people to be nominated as candidates for the election of deputies to the National Assembly shall select and nominate their own people as candidates for the election as follows:

1. The leadership of a political organization, socio-political organization or social organization shall propose its people to be nominated as candidates for the election of deputies to the National Assembly, and collect comments from the conferences of voters in the workplaces of such people. Based on these comments, the leadership shall organize a meeting of the expanded Standing Board to discuss and nominate its people to stand for the election of deputies to the National Assembly;

2. The leadership of a state agency, non-business unit or economic organization shall coordinate with the trade union executive committee of its agency, unit or organization in proposing its people to be nominated as candidates for the election of deputies to the National Assembly and collect comments from the conferences of voters in the workplaces of such people. Based on these comments, the leadership of the agency, unit or organization shall organize a conference with leaders of the agency, unit or organization, representatives of the trade union executive committee and representatives of leaders of its attached units to discuss and nominate its candidates to stand for the election of deputies to the National Assembly;

3. The commander of a people’s armed forces unit shall propose his/her unit’s people to be nominated as candidates for the election of deputies to the National Assembly and collect comments from voters in the units where these people serve. Based on these comments, the commander of the unit shall organize a conference with leaders and commanders of the unit, representatives of the trade union executive committee (if any), representatives of soldiers and immediate subordinate commanders to discuss and nominate its people to stand for the election of deputies to the National Assembly;

4. The organization of a conference of voters mentioned in this Article must comply with Article 45 of this Law;

5. Local agencies, organizations and units that nominate their people to stand for the election of deputies to the National Assembly shall transfer minutes of the conferences of voters in the workplaces and minutes of the conferences of their leaderships containing comments on nominated candidates for the election of deputies to the National Assembly to the Standing Boards of provincial-level Vietnam Fatherland Front Central Committees before the second consultative conference is organized.

Article 43.The second consultative conference at the central level

1. The second consultative conference at the central level shall be organized by the Presidium of the Vietnam Fatherland Front Central Committee at least 65 days before the election day. The composition of participants in the second consultative conference at the central level must comply with Clause 1, Article 38 of this Law.

2. The second consultative conference shall base itself on the criteria of National Assembly deputies, proportion, composition and number of people nominated by agencies, organizations and units at the central level as candidates for the election of deputies to the National Assembly and adjusted for the first time by the National Assembly Standing Committee to draw up a preliminary list of candidates for the election of deputies to the National Assembly and send it to voters in the places of residence of candidates for comment. The collection of voters’ comments shall be conducted under Article 45 of this Law.

3. The minutes of the consultative conference must clearly state the composition and number of participants, proceedings and result of the conference, and shall be promptly sent to the National Election Council and National Assembly Standing Committee.

Article 44.The second consultative conference in provinces and centrally run cities

1. The second consultative conference in a province or centrally run city shall be organized by the Standing Board of the provincial-level Vietnam Fatherland Front Committee at least 65 days before the election day. The composition of participants in the second consultative conference in a province or centrally run city must comply with Clause 1, Article 39 of this Law.

2. The second consultative conference shall base itself on the criteria of National Assembly deputies, proportion, composition and number of people nominated by local agencies, organizations and units as candidates for the election of deputies to the National Assembly and adjusted for the first time by the National Assembly Standing Committee to draw up a preliminary list of candidates for the election of deputies to the National Assembly and send it to voters in the places of residence of candidates for comment; for self-nominated candidates, the preliminary list shall also be sent to voters in the workplaces (if any) of candidates for comment. The collection of voters’ comments shall be conducted under Article 45 of this Law.

3. The minutes of the consultative conference must clearly state the composition and number of participants, proceedings and result of the conference, and shall be promptly sent to the National Election Council, National Assembly Standing Committee, Standing Board of the Vietnam Fatherland Front Central Committee, and provincial-level Election Committee.

Article 45.Voters’ conference

1. The conference of voters in a commune, ward or township organized in the village or street quarter where the candidate for the election of deputies to the National Assembly permanently resides shall be convened and chaired by the Standing Board of the commune-level Vietnam Fatherland Front Committee in coordination with the People’s Committee at the same level.

Candidates for the election of deputies to the National Assembly and representatives of agencies, organizations or units nominating them shall be invited to attend this conference.

2. The conference of voters in a political organization, socio-political organization or social organization shall be convened and chaired by its leadership; the conference of voters in a state agency, an economic organization or a non-business unit shall be convened and chaired by the leader in coordination with the trade union executive committee of the agency, organization or unit; the conference of voters in a people’s armed forces unit is the conference of soldiers convened and chaired by the leader or commander of the unit.

Candidates for the election of deputies to the National Assembly shall be invited to attend this conference.

3. At the conference, voters shall give comments based on the criteria of National Assembly deputies and express their confidence in candidates for the election of deputies to the National Assembly by either a show of hands or casting secret ballots as decided by the conference.

4. The minutes of a conference of voters to collect comments on a candidate for the election of deputies to the National Assembly must clearly state the composition and number of participants, proceedings and results of the conference. The minutes of a conference of voters in the place of residence to collect comments on a candidate nominated by a central agency, organization or unit shall be sent to the Standing Board of the Vietnam Fatherland Front Central Committee. The minutes of a conference of voters to collect comments on a self-nominated candidate or candidate nominated by a local agency, organization or unit shall be sent to the Standing Board of the provincial-level Vietnam Fatherland Front Committee.

5. The National Assembly Standing Committee shall prescribe in detail the organization of voters’ conferences referred to in this Article.

Article 46.Verification of, and answering of voters’ questions about, matters related to candidates for the election of deputies to the National Assembly

1. For a matter occurring in the workplace of a candidate, the agency, organization or unit directly managing the candidate shall verify it and send a written reply to the Standing Board of the Vietnam Fatherland Front Central Committee and Standing Board of the provincial-level Vietnam Fatherland Front Committee.

For a matter related to a candidate who is the head of an agency, organization or unit, the immediate superior agency shall verify the matter and make a reply. If the agency, organization or unit has no immediate superior agency, the agency competent to issue a decision on the establishment of such agency, organization or unit shall verify the matter and issue a reply.

2. For a matter occurring in the street quarter where a candidate resides, the agency, organization or unit nominating the candidate shall coordinate with the commune-level People’s  Committee in verifying it and sending a written reply to the Standing Board of the Vietnam Fatherland Front Central Committee and Standing Board of the provincial-level Vietnam Fatherland Front Committee.

3. For a matter related to a self-nominated candidate, the provincial-level Election Committee shall coordinate with the agency, organization or unit directly managing him/her or the commune-level People’s Committee of the locality where he/she resides in verifying it and sending a written reply to the Standing Board of the provincial-level Vietnam Fatherland Front Committee.

4. At least 40 days before the election day, the verification of, and answering of voters’ questions about, matters related to candidates for the election of deputies to the National Assembly prescribed in this Article shall be completed.

Article 47.The second adjustment by the National Assembly Standing Committee

Based on second consultation results, at least 55 days before the election day, the National Assembly Standing Committee shall make the second adjustment of the proportion, composition and number of candidates nominated by central and local agencies, organizations and units to stand for the election of deputies to the National Assembly.

Article 48.The third consultative conference at the central level

1. The third consultative conference at the central level shall be organized by the Presidium of the Vietnam Fatherland Front Central Committee at least 35 days before the election day. The composition of participants in the third consultative conference at the central level must comply with Clause 1, Article 38 of this Law.

2. The third consultative conference shall base itself on the criteria of National Assembly deputies, proportion, composition and number of people nominated by central agencies, organizations and units as candidates for the election of deputies to the National Assembly and adjusted for the second time by the National Assembly Standing Committee and collected voter comments to select and make a list of qualified candidates for the election of deputies to the National Assembly.

3. The minutes of the consultative conference must clearly state the composition and number of participants, proceedings and result of the conference, and shall be promptly sent to the National Election Council and National Assembly Standing Committee.

Article 49.The third consultative conference in provinces and centrally run cities

1. The third consultative conference in a province or centrally run city shall be organized by the Standing Board of the provincial-level Vietnam Fatherland Front Committee at least 35 days before the election day. The composition of participants in the second consultative conference in a province or centrally run city must comply with Clause 1, Article 39 of this Law.

2. The third consultative conference shall base itself on the criteria of National Assembly deputies, proportion, composition and number of people nominated by local agencies, organizations and units as candidates for the election of deputies to the National Assembly and adjusted for the second time by the National Assembly Standing Committee and collected voter comments to select and make a list of qualified candidates for the election of deputies to the National Assembly.

3. The minutes of the consultative conference must clearly state the composition and number of participants, proceedings and result of the conference, and shall be promptly sent to the National Election Council, National Assembly Standing Committee and Standing Board of the Vietnam Fatherland Front Central Committee, and provincial-level Election Committee.

Section 3

CONSULTATION AND NOMINATION OF CANDIDATES FOR THE ELECTION OF DEPUTIES TO PEOPLE’S COUNCILS AND ADJUSTMENT OF THE PROPORTION, COMPOSITION AND NUMBER OF CANDIDATES NOMINATED TO STAND FOR THE ELECTION OF DEPUTIES TO PEOPLE’S COUNCILS

Article 50.The first consultative conference

1. The first consultative conference at each level shall be organized by the Standing Boards of Vietnam Fatherland Front Committees at the same level at least 95 days before the election day. Participants in a first consultative conference include the Standing Board of the Vietnam Fatherland Front Committee, and representatives of leaderships of the member organizations of the Front. Representatives of the Election Committee, Standing Body of the People’s Council, and People’s Committee at the same level shall be invited to attend this conference.

2. The first consultative conference at the provincial or district level shall agree on the proportion, composition and number of candidates nominated to stand for the election of deputies to People’s Councils by political organizations, socio-political organizations, social organizations, people’s armed forces units and state agencies at the same level and by local subordinate non-business units, economic organizations and administrative units.

3. The first consultative conference at the commune level shall agree on the proportion, composition and number of candidates nominated to stand for the election of deputies to People’s Councils by political organizations, socio-political organizations, social organizations, people’s armed forces units and state agencies at the same level and by local non-business units, economic organizations, villages and street quarters.

4. The minutes of a consultative conference must clearly state the composition and number of participants, proceedings and results of the conference.

The minutes of a consultative conference at the provincial level shall be promptly sent to the National Election Council, National Assembly Standing Committee and Vietnam Fatherland Front Central Committee, and the Standing Body of the People’s Council and Election Committee at the same level.

The minutes of a consultative conference at the district or commune level shall be promptly sent to the Standing Body of the People’s Council, People’s Committee and Vietnam Fatherland Front Committee at the immediate higher level, and the Standing Body of the People’s Council and Election Committee at the same level.

Article 51.Adjustment by Standing Bodies of People’s Councils of the proportion, composition and number of nominated candidates for the election of deputies to People’s Councils

1. Based on first consultation results, at least 90 days before the election day, the Standing Bodies of provincial- or district-level People’s Councils shall adjust the proportion, composition and number of candidates nominated by agencies, organizations and units in their localities to stand for the election of deputies to People’s Councils at their respective level.

2. Based on first consultation results, at least 90 days before the election day, the Standing Bodies of commune-level People’s Councils shall adjust the proportion, composition and number of candidates nominated by agencies, organizations, units, villages and street quarters in their localities to stand for the election of deputies to People’s Councils at their level.

Article 52.Nomination of people of agencies, organizations and units as candidates for the election of deputies to People’s Councils

Based on first consultation results, the adjustment by the Standing Bodies of People’s Councils and the criteria of People’s Council deputies, agencies, organizations, units, and villages and street quarters (for the commune level) that have been assigned a number of their people to be nominated as candidates for the election of deputies to People’s Councils shall select and nominate their own people as candidates for the election as follows:

1. The leadership of a political organization, socio-political organization or social organization shall propose its people to be nominated as candidates for the election of deputies to People’s Councils, and collect comments from the conferences of voters in the workplaces of such people. Based on these comments, the leadership shall organize a meeting of the expanded Standing Board to discuss and nominate its people to stand for the election of deputies to People’s Councils;

2. The leadership of a state agency, non-business unit or economic organization shall coordinate with the trade union executive committee of its agency, unit or organization in proposing its people to be nominated as candidates for the election of deputies to People’s Councils and collect comments from the conferences of voters in the workplaces of such people. Based on these comments, the leadership of the agency, unit or organization shall organize a conference with the participation of leaders of the agency, unit or organization, representatives of the trade union executive committee and representatives of leaders of the attached units to discuss and nominate the candidates of its agency, unit or organization to stand for the election of deputies to People’s Councils;

3. The leader or commander of a people’s armed forces unit shall propose the unit’s people to be nominated as candidates for the election of deputies to People’s Councils and collect comments from voters in the unit where these people serve. Based on these comments, the leader or commander of the unit shall organize a conference with the leader or commander of the unit, representatives of the trade union executive committee (if any), representatives of soldiers and immediate subordinate commanders to discuss and nominate the unit’s people to stand for the election of deputies to People’s Councils;

4. The Fatherland Front Working Board in a village or street quarter shall propose people of its village or street quarter to be nominated for the election of deputies to commune-level People’s Councils and coordinate with the village or street quarter chief in organizing a voters’ conference to discuss and nominate candidates for the election of deputies to commune-level People’s Councils.

The nomination of candidates for the election of deputies to commune-level People’s Councils in villages and street quarters shall be guided by the National Assembly Standing Committee;

5. The organization of a voters’ conference mentioned in this Article must comply with Article 54 of this Law;

6. Agencies, organizations and units that nominate their people to stand for the election of deputies to People’s Councils shall transfer minutes of conferences of voters in workplaces and minutes of conferences of their expanded leaderships on discussion and nomination of candidates for the election of deputies to People’s Councils to the Standing Boards of Vietnam Fatherland Front Committees that have organized consultative conferences.

The Fatherland Front Working Boards shall transfer minutes of conferences of voters in their villages and street quarters on discussion and nomination of candidates for the election of deputies to commune-level People’s Councils to the Standing Boards of commune-level Vietnam Fatherland Front Committees.

Article 53.The second consultative conference

1. The second consultative conference at each level shall be organized by the Standing Boards of Vietnam Fatherland Front Committees at the same level at least 65 days before the election day. The composition of participants in the second consultative conference must comply with Clause 1, Article 50 of this Law.

2. The second consultative conference shall base itself on the criteria of People’s Council deputies, the proportion, composition and number of candidates to draw up a preliminary list of candidates for the election of deputies to People’s Councils and send it to voters in the places of residence of candidates for comment, for self-nominated candidates and candidates nominated by agencies, organizations or units; or to voters in the workplaces (if any) of candidates for comment, for self-nominated candidates and candidates nominated by villages or street quarters for the election of deputies to commune-level People’s Councils. The collection of voters’ comments shall be conducted under Article 54 of this Law.

3. The minutes of the consultative conference must clearly state the composition and number of participants, proceedings and result of the conference.

The minutes of the consultative conference at the provincial level shall be promptly sent to the National Election Council, National Assembly Standing Committee and Standing Board of the Vietnam Fatherland Front Central Committee, and the Standing Body of the People’s Council and Election Committee at the same level.

The minutes of the consultative conference at the district or commune level shall be promptly sent to the Standing Body of the People’s Council, People’s Committee and Vietnam Fatherland Front Committee at the immediate higher level, and the Standing Body of the People’s Council and Election Committee at the same level.

Article 54.Voters’ conference

1. The conference of voters in a commune, ward or township organized in villages or street quarters shall be convened and chaired by the Standing Board of the Vietnam Fatherland Front Committee in coordination with the People’s Committee at the same level.

2. The conference of voters in a state agency, political organization, socio-political organization, social organization, economic organization or non-business unit shall be convened and chaired by its leader in coordination with the trade union executive committee of the agency, organization or unit. The conference of voters in a people’s armed forces unit is the conference of soldiers convened and chaired by the leader or commander of the unit.

3. Candidates for the election of deputies to People’s Councils and representatives of their nominating agencies, organizations, units, villages or street quarters shall be invited to attend the voters’ conferences.

4. At a voters’ conference, voters shall give their comments based on the criteria of People’s Council deputies and express their confidence in candidates for the election of deputies to People’s Councils either by a show of hands or casting secret ballots as decided by the conference.

5. The minutes of a voters’ conference to collect comments on candidates for the election of deputies to People’s Councils must clearly state the composition and number of participants, proceedings and results of the conference. The minutes of a voters’ conference to collect voters’ comments on candidates for the election of deputies to People’s Councils at a certain level shall be sent to the Standing Boards of Vietnam Fatherland Front Committees at such level for preparation for the third consultative conference.

6. The National Assembly Standing Committee shall prescribe in detail the organization of voters’ conferences mentioned in this Article.

Article 55.Verification of, and answering of voters’ questions about, matters related to candidates for the election of deputies to People’s Councils

1. For a matter occurring in the workplace of a candidate, the agency, organization or unit directly managing the candidate shall verify it and send a written reply to the Standing Board of the Vietnam Fatherland Front Committee that has organized the consultative conference.

For a matter related to a candidate who is the head of an agency, organization or unit, the immediate superior agency shall verify it and issue a reply. If the agency, organization or unit has no immediate superior agency, the agency competent to issue a decision on the establishment of such agency, organization or unit shall verify the matter and issue a reply.

2. For a matter occurring in the residential area where a candidate resides, the agency, organization or unit nominating the candidate shall coordinate with the commune-level People’s Committee in verifying it and sending a written reply to the Standing Board of the Vietnam Fatherland Front Committee that has organized the consultative conference.

3. For a matter related to a self-nominated candidate, the Election Committee shall coordinate with the agency, organization or unit directly managing him/her or the commune-level People’s Committee of the locality where he/she resides in verifying it and sending a written reply to the Standing Board of the Vietnam Fatherland Front Committee that has organized the consultative conference.

4. At least 40 days before the election day, the verification of, and answering of voters’ questions about, matters related to candidates for the election of deputies to People’s Councils prescribed in this Article shall be completed.

Article 56.The third consultative conference

1. The third consultative conference at each level shall be organized by the Standing Boards of Vietnam Fatherland Front Committees at the same level at least 35 days before the election day. The composition of participants in the third consultative conference must comply with Clause 1, Article 50 of this Law.

2. The third consultative conference shall base itself on the criteria of People’s Council deputies, the proportion, composition and number of people nominated by agencies, organizations and units and collected voters’ comments to select and draw up a list of qualified candidates for the election of deputies to People’s Councils.

3. The minutes of the third consultative conference must clearly state the composition and number of participants, proceedings and result of the conference.

The minutes of a consultative conference at the provincial level shall be promptly sent to the National Election Council, National Assembly Standing Committee, Government and Vietnam Fatherland Front Central Committee, and the Standing Body of the People’s Council and Election Committee at the same level.

The minutes of a consultative conference at the district or commune level shall be promptly sent to the Standing Board of the People’s Council, People’s Committee and Vietnam Fatherland Front Committee at the immediate higher level and to the Standing Board of the People’s Council and Election Committee at the same level.

Section 4

LISTS OF CANDIDATES

Article 57.List of candidates for the election of deputies to the National Assembly

1. At least 30 days before the election day, the Standing Board of the Vietnam Fatherland Front Central Committee shall send to the National Election Council the minutes of the third consultative conference and list of qualified candidates nominated by the Presidium of the Vietnam Fatherland Front Central Committee for the election of deputies to the National Assembly.

2. At least 30 days before the election day, the Standing Board of a provincial-level Vietnam Fatherland Front Committee shall send to the provincial-level Election Committee the minutes of the third consultative conference and list of qualified candidates nominated by the provincial-level Vietnam Fatherland Front Committee for the election of deputies to the National Assembly.

3. Based on the list of qualified candidates for the election of deputies to the National Assembly nominated by the Presidium of the Vietnam Fatherland Front Central Committee, the National Election Council shall send to provincial-level Election Committees the lists enclosed with dossiers of those nominated to stand for the election in their respective localities.

4. At least 25 days before the election day, the National Election Council shall draw up and make public the official lists of candidates for the election of deputies to the National Assembly for constituencies nationwide based on the lists sent by the Standing Board of the Vietnam Fatherland Front Central Committee and provincial-level Election Committees.

5. An official list of candidates for the election of deputies to the National Assembly must clearly state their full names, dates of birth, sex, native places, places of permanent residence, nationality, religion, educational level, qualification, profession, position and workplace. The names of candidates for the election of deputies to the National Assembly in a constituency shall be listed in alphabetical order.

A candidate may have only his/her name included in the list of candidates for the election of deputies to the National Assembly in one constituency.

6. The number of people named in the list of candidates for the election of deputies to the National Assembly in each constituency must be at least two more than that of deputies assigned to such constituency. In case the number of candidates is insufficient for aforce majeurereason, the National Election Council shall consider and decide.

7. At least 20 days before the election day, provincial-level Election Committees shall make public the lists of candidates for the election of deputies to the National Assembly in their localities as decided by the National Election Council.

Article 58.List of candidates for the election of deputies to People’s Councils

1. At least 30 days before the election day, the Standing Boards of provincial-level Vietnam Fatherland Front Committees shall send the minutes of the third consultative conferences and lists of qualified candidates for the election of deputies to People’s Councils to the National Election Council, the National Assembly Standing Committee, Government and Vietnam Fatherland Front Central Committee and to the Standing Bodies of People’s Councils and People’s Committees at the same level; the Standing Boards of district- or commune-level Vietnam Fatherland Front Committees shall send the minutes of the third consultative conferences and lists of qualified candidates for the election of deputies to People’s Councils to the Standing Bodies of the People’s Councils, People’s Committees and Vietnam Fatherland Front Committees at the immediate higher level, and the Standing Bodies of the People’s Councils and People’s Committees at the same level.

2. At least 25 days before the election day, an Election Committee shall draw up and make public the official list of candidates for the election of deputies to People’s Councils for each constituency.

The drawing up of official lists of candidates for the election of People’s Councils must comply with Clause 5, Article 57 of this Law.

3. The number of people named in a list of candidates for the election of deputies to People’s Councils in each constituency must be larger than that of deputies assigned to such constituency; if the number of deputies in such a constituency is three, the number of the listed candidates must be at least two more than that of deputies to be elected; if the number of deputies to be elected in such a constituency is four or more, the number of the listed candidates must be at least three more than that of deputies to be elected. The National Election Council shall guide the case where the number of candidates is insufficient for aforce majeurereason.

Article 59.Posting of lists of candidates

At least 20 days before the election day, the Election Teams shall post the official lists of candidates for the election of deputies to the National Assembly and deputies to People’s Councils in their electorates.

Article 60.Deletion of names of candidates for the election of deputies to the National Assembly or deputies to People’s Councils

1. A person whose name is included in an official list of candidates for the election of deputies to the National Assembly announced by the National Election Council and who, by the time of commencement of the polling, is accused in a criminal case, arrested or held in the act of committing a crime, loses his/her civil act capacity, dies or seriously violates the election law, shall have his/her name deleted by the National Election Council from the list of candidates for the election of deputies to the National Assembly.

2. A person whose name is included in an official list of candidates for the election of deputies to People’s Councils announced by an Election Committee and who, by the time of commencement of the polling, is accused in a criminal case, arrested or held in the act of committing a crime, loses his/her civil act capacity, dies or seriously violates the election law, shall have his/her name deleted by the Election Committee, after reaching agreement with the Standing Board of the Vietnam Fatherland Front Committee at the same level, from the list of candidates for the election of deputies to People’s Councils.

Article 61.Complaints and denunciations about candidates and drawing up of lists of candidates

1. Candidates may file complaints about candidates, file complaints, denunciations or petitions about errors in the drawing up of lists of candidates. The filing of complaints, denunciations or petitions is as follows:

a/ Complaints, denunciations or petitions about candidates for the election of deputies to the National Assembly or the drawing up of lists of candidates for the election of deputies to the National Assembly shall be filed with the Election Boards for the election of deputies to the National Assembly or with provincial-level Election Committees or the National Election Council. In case complainants, denouncers or petitioners disagree with results of the settlement by the Election Boards or Election Committees, they may file theirs with the National Election Council. The decision of the National Election Council is the final;

b/ Complaints, denunciations or petitions about candidates for the election of deputies to People’s Councils or the drawing up of lists of candidates for the election of deputies to People’s Councils at a certain level shall be filed with the Election Boards for the election of deputies to People’s Councils at such level. In case complainants, denouncers or petitioners disagree with results of the settlement by the Election Boards, they may file theirs with the Election Committees at the same level. The decisions of the Election Committees are the final;

c/ The Election Boards, Election Committees and National Election Council shall record received complaints, denunciations and petitions in books and settle them according to their competence.

2. Ten days before the election day, the National Election Council, Election Boards and Election Committees shall stop considering and settling all complaints, denunciations and petitions about candidates and the drawing up of lists of candidates.

In case complaints or denunciations are clear and well-grounded for making conclusion that candidates are unqualified for the election of deputies to the National Assembly or deputies to People’s Councils, the National Election Council (for the election of deputies to the National Assembly) or Election Committees at relevant levels (for the election of deputies to People’s Councils) shall decide to delete their names from the official lists of candidates before the election day and notify such to voters.

3. Anonymous or imposturous denunciations shall not be considered and settled.

4. The National Election Council, provincial-level Election Committees, district-level Election Committees, and commune-level Election Committees shall forward all dossiers of unsettled complaints and denunciations to the National Assembly Standing Committee (for the election of deputies to the National Assembly) or the Standing Bodies of new People’s Councils at relevant levels (for the election of deputies to People’s Councils) for further consideration and settlement according to its/their competence.

Chapter VI

ELECTION COMMUNICATION AND CAMPAIGNING

Article 62.Responsibilities of agencies and organizations in directing election information, communication and campaigning work

1. The National Election Council shall direct election information, communication and campaigning work nationwide; Election Committees at all levels shall direct the performance of information, communication and campaigning work and the settlement of complaints and denunciations about election campaigning in their localities.

2. Central press agencies shall publish or broadcast news on the organization of electoral work and election campaigning nationwide. Local mass media shall publish or broadcast news on voters’ meetings and interviews with candidates for the election of deputies to the National Assembly or deputies to People’s Councils, and election campaigning in their localities.

3. The Standing Boards of provincial-level Vietnam Fatherland Front Committees shall organize meetings with voters for candidates for the election of deputies to the National Assembly. The Standing Boards of provincial-, district- or commune-level Vietnam Fatherland Front Committees shall organize meetings with voters for candidates for the election of deputies to People’s Councils at their respective levels. People’s Committees at all levels shall coordinate with the Standing Boards of Vietnam Fatherland Front Committees at the same level in organizing meetings with voters for candidates for the election of deputies to the National Assembly or deputies to People’s Councils.

4. State agencies, political organizations, socio-political organizations and social organizations, non-business units, economic organizations, people’s armed forces units and local administrations shall, within the scope of their tasks and powers, create conditions for candidates for the election of deputies to the National Assembly or deputies to People’s Councils to meet voters in their agencies, organizations, units or localities.

5. Funds for election communication and campaigning shall be covered by the state budget.

Article 63.Principles of election campaigning

1. Election campaigning shall be conducted in a democratic, public, fair and lawful manner, ensuring social order and safety.

2. Candidates for the election of deputies to the National Assembly or deputies to People’s Committees in a certain constituency shall conduct an election campaign in such constituency.

3. Organizations in charge of election and their members may not campaign for candidates.

Article 64.Election campaigning period

The election campaigning period may start on the date the official list of candidates is made public and must end 24 hours before the polling commences.

Article 65.Forms of election campaigning

An election campaign of a candidate may be conducted in the following forms:

1. At meetings with voters in the locality where he/she stands for the election prescribed in Article 66 of this Law;

2. Through the mass media as prescribed in Article 67 of this Law.

Article 66.Meetings with voters

1. The Standing Boards of provincial-level Vietnam Fatherland Front Committees shall assume the prime responsibility for, and coordinate with People’s Committees in constituencies in organizing meetings with voters for candidates for the election of deputies to the National Assembly or deputies to provincial-level People’s Councils. Participants in a meeting with voters must include representatives of local agencies, organizations, units and voters.

The Standing Boards of district- or commune-level Vietnam Fatherland Front Committees shall coordinate with commune-level People’s Committees in constituencies in organizing meetings with voters for candidates for the election of deputies for the election of deputies to People’s Council at the same level. Participants in a meeting with voters must include representatives of local agencies, organizations, units and voters.

The People’s Committees in localities where meetings with voters are organized shall notify the time and venues of the meetings for participation by voters.

2. The agenda of a meeting with voters must cover the following:

a/ Announcing the reason;

b/ A representative of the Standing Board of the Vietnam Fatherland Front Committee that organizes the meeting chairs the meeting, introduces and reads out the summarized biographies of candidates;

c/ Each candidate reports to voters on his/her program of action once he/she is elected;

d/ Voters raise their opinions and express their aspirations to the candidates. The candidates and voters shall exchange their opinions on matters of common concern in a democratic, straightforward and open manner;

dd/ The meeting chairperson concludes the meeting.

3. After the meeting with voters, the Standing Board of the provincial-level Vietnam Fatherland Front Committee shall send a report on organization of the meeting with voters for candidates for the election of deputies to the National Assembly or deputies to People’s Council in the locality and voters’ comments on each candidate for the election of deputies to the National Assembly to the National Election Council and the Standing Board of the Vietnam Fatherland Front Central Committee. The Standing Boards of Vietnam Fatherland Front Committees at all levels shall send reports on organization of the meetings with voters for candidates for the election of deputies to People’s Councils in their localities to the Election Committees at the same level and the Standing Boards of immediate higher-level Vietnam Fatherland Front Committees.

Article 67.Election campaigning through the mass media

1. A candidate for the election of deputies to the National Assembly shall present his/her tentative program of action to voters once he/she is elected when being interviewed in the mass media in the locality where he/she stands for the election and on the National Election Council’s website on the election of deputies to the National Assembly.

2. A candidate for the election of deputies to People’s Councils shall present his/her tentative program of action to voters once he/she is elected when being interviewed in the mass media in the locality where he/she stands for the election and on the website (if any) of the Election Committee.

3. The National Election Council and Election Committees shall direct website- administering agencies in strictly complying with regulations on posting of election campaigning contents.

4. Provincial-level People’s Committees shall organize the posting of programs of action of candidates for the election of deputies to the National Assembly or deputies to People’s Councils in the local mass media.

Article 68.Acts prohibited in election campaigning

1. Taking advantage of election campaigning to conduct propaganda in contravention of the Constitution and laws or cause harms to the honor, dignity, prestige, other lawful rights and interests of other organizations and individuals.

2. Abusing one’s position and powers to use the mass media in election campaigning.

3. Taking advantage of election campaigning to raise funds and donations at home and abroad for one’s own organization or oneself.

4. Using or pledging to donate or provide as support money, assets or other material benefits to entice or buy off voters.

Chapter VII

VOTING PRINCIPLES AND PROCEDURES

Article 69.Voting principles

1. A voter has the right to cast one ballot to elect deputies to the National Assembly and one ballot to elect deputies to People’s Council at each level.

2. A voter shall cast his/her ballots in person, may not ask another person to do that for him/her, except in the cases specified in Clauses 3 and 4 of this Article. Upon polling, a voter shall show his/her voter card.

3. A voter who is unable to mark his/her ballot may ask another person to do that for him/her but shall cast the ballots by himself/herself; the person who assists in marking the ballots shall keep secret the voter’s ballots. If, due to his/her disability, a voter is unable to cast ballots by himself/herself, he/she may ask another person to put the ballots into the ballot box.

4. In case a voter is ill, old or disabled, being unable to go to the polling station, the Election Team shall bring an auxiliary ballot box and ballots to his/her place of residence or medical treatment so that he/she can receive the ballots and cast them. For a voter who is temporarily detained or serving the measure of consignment into a compulsory education establishment or compulsory detoxification establishment that does not organize a separate electorate, or who is held in a custody house, the Election Team shall bring an auxiliary ballot box and ballots to the detention camp, custody house, compulsory education establishment or compulsory detoxification establishment so that he/she can receive the ballots and cast them.

5. When a voter is marking his/her ballot, nobody, even members of the Election Team, is allowed to approach him/her and see what he/she is writing;

6. If a voter makes a writing error, he/she may ask the Election Team to change the ballot.

7. After a voter casts his/her ballots, the Election Team shall affix the “have polled” seal to his/her voter card.

8. Everyone shall abide by the rules of the polling station.

Article 70.Notification of the voting time and polling places

During 10 days before the election day, the Election Teams shall regularly notify voters of the election day, polling places and voting time through posting, broadcasting and other means of mass communication available in localities.

Article 71.Voting time

1. The voting must run from seven a.m. to seven p.m. of the same day. Depending on the situation of each locality, the Election Teams may decide to start the voting earlier but not before five a.m. or end it later but not after nine p.m. of the same day.

2. Prior to the voting, the Election Teams shall check the ballot boxes to the witness of voters.

3. The voting must proceed continuously. If it is disrupted by an unexpected incident, the Election Team shall immediately seal the ballot box and documents directly related to the election, promptly report it to the Election Board and at the same time take necessary measures to ensure the resumption of the voting.

Article 72.Earlier voting, postponement of the election day

In special cases where it is necessary to postpone the election day or conduct the voting earlier than the fixed date, the Election Committees shall propose this to the National Election Council for consideration and decision.

Chapter VIII

ELECTION RETURNS

Section 1

VOTE COUNT

Article 73.Vote count

The counting of votes shall be conducted at the polling stations immediately after the voting is over.

Before opening a ballot box, the Election Team shall count, make a written record of and seal the unused ballots and invite two voters who are not candidates to witness the vote count.

Candidates, representatives of agencies, organizations and units that nominate these candidates or their authorized persons have the right to witness the vote count and make complaints about it. Reporters of the press may witness the vote count.

Article 74.Invalid votes

1. The following votes shall be regarded to be invalid:

a/ Votes made on ballots which are not in the prescribed form distributed by the Election Team;

b/ Votes made on ballots which do not bear the seal of the Election Team;

c/ Votes which elect more candidates than the assigned number of deputies to be elected in the constituency;

d/ Votes which cross out all names of candidates;

dd/ Votes which elect persons outside the list of candidates or add other contents.

2. If the validity of a vote is in doubt, the head of the Election Team shall show it for the whole Team to consider and decide on its validity. The Election Team may not cross out or modify the names written on the vote.

Article 75.Complaints and denunciations about vote count

On-the-spot complaints and denunciations about acts showing signs of violation of law in the vote count shall be received and settled by the Election Teams which shall state settlement results in its written records.

If an Election Team cannot settle a complaint or denunciation, it shall clearly state its opinion in the written record of complaint or denunciation settlement and send the written record to the Election Board.

Article 76.Written records of vote count results

1. After counting the votes, an Election Team shall make the following written records:

a/ Written record of National Assembly deputy election vote count results in the electorate;

b/ Written record of provincial-level People’s Council deputy election vote count results in the electorate;

c/ Written record of district-level People’s Council deputy election vote count results in the electorate;

d/ Written record of commune-level People’s Council deputy election vote count results in the electorate.

2. A written record of vote count results must have the following details:

a/ Total number of voters of the electorate;

b/ Number of voters who have cast their votes;

c/ Number of ballots distributed to voters;

d/ Number of ballots received from voters;

dd/ Number of valid votes;

e/ Number of invalid votes;

g/ Number of votes for each candidate;

h/ Complaints and denunciations received; settled complaints and denunciations and settlement results; complaints and denunciations forwarded to the Election Board.

3. A written record specified in Clause 1 of this Article shall be made in three copies, bearing the signatures of the Head and the Secretary of the Election Team and two voters who have witnessed the vote count. Within 3 days after the election day, the written records shall be sent to the relevant Election Board, commune-level People’s Committee and Standing Board of the commune-level Vietnam Fatherland Front Committee.

Section 2

ELECTION RETURNS IN CONSTITUENCIES

Article 77.Written records ascertaining election returns in constituencies

1. After receiving and examining the written records of vote count results from the Election Teams and settling complaints and denunciations (if any), an Election Board shall make a written record ascertaining the election returns in its constituency.

2. A written record ascertaining election returns must have the following details:

a/ Number of National Assembly deputies or People’s Council deputies assigned for the constituency;

b/ Number of candidates;

c/ Total number of voters of the constituency;

d/ Number of voters who have cast their votes and percentage of these voters against the total number of voters;

dd/ Number of ballots distributed to voters;

e/ Number of ballots received from voters;

g/ Number of valid votes;

h/ Number of invalid votes;

i/ Number of votes for each candidate;

k/ List of elected candidates;

l/ Complaints and denunciations settled by the Election Teams; complaints and denunciations settled by the Election Board; and complaints and denunciations forwarded to the Election Committee and the National Election Council.

3. A written record ascertaining National Assembly deputy election returns in a constituency shall be made in three copies, bearing the signatures of the Head and Deputy Heads of the Election Board. Within 5 days after the election day, the written records shall be sent to the National Election Council, provincial-level Election Committee and provincial-level Vietnam Fatherland Front Committee.

4. A written record ascertaining People’s Council deputy election returns in a constituency shall be made in four copies, bearing the signatures of the Head and Deputy Heads of the Election Board. Within 5 days after the election day, the written records shall be sent to the Election Committee at the same level and the Standing Body of the People’s Council, People’s Committee and Standing Board of the Vietnam Fatherland Front Committee at the same level.

Article 78.Principles of ascertaining of elected candidates

1. Election returns shall be calculated based on valid votes and may only be recognized if more than half of the total number of voters on the list of voters in the constituency have cast their ballots, except in the case specified in Clause 4, Article 80 of this Law.

2. An elected candidate is a candidate who polls more than half of total valid votes.

3. In case the number of candidates who poll more than half of total valid votes is larger than the number of deputies assigned to the constituency, the elected ones are those who poll more votes than others.

4. In case more than one candidates poll the same number of votes at the bottom of the list of elected candidates and the number of these candidates is larger than the number of deputies assigned to the constituency, the elder candidates shall be elected.

Section 3

BY-ELECTION, RE-RUN ELECTION

Article 79.By-election

1. If, in the first election, the number of elected deputies to the National Assembly is lower than that assigned to a constituency, the Election Board in such constituency shall clearly state this in the written record ascertaining the election returns and promptly send it to the provincial-level Election Committee which shall request the National Election Council to consider and decide on a by-election in such constituency.

2. If, in the first election, the number of elected deputies to a People’s Council at a certain level is lower than two thirds of that assigned to a constituency, the Election Board in such constituency shall clearly state this in the written record ascertaining the election returns and promptly send it to the Election Committee in charge of organizing the election of deputies to People’s Councils at such level for decision on a by-election day for such constituency.

3. In case of a by-election, the election day must not be later than 15 days after the first election day. In the by-election, voters may only choose from the candidates on the list of candidates who failed in the first election. The elected candidates are those who poll more than half of total valid votes and more votes than others. If, after the by-election, the number of elected candidates is still below the number assigned to the constituency, no second by-election shall be organized.

Article 80.Re-run election

1. If, in a constituency, the voter turnout is no more than half of the total number of voters registered in the voter list, the Election Board shall clearly state this in a written record and immediately send it to the Election Committee in charge of organizing the election at the same level.

2. For the election of deputies to the National Assembly, provincial-level Election Committees shall request the National Election Council to consider and decide on the election re-run in the constituency where the voter turnout is no more than half of the total number of voters registered in the voter list.

3. For the election of deputies to People’s Councils, the Election Committee in charge of organizing the election of deputies to People’s Councils shall decide on the date for election re-run for the constituency where the voter turnout is no more than half of the total number of voters registered in the voter list.

4. In case of an election re-run, the election day must not be later than 15 days after the first election. In a re-run election, voters may only choose from the candidates on the list of candidates of the first election. If, in the re-run election, the voter turnout is still not more than half of the total number of voters registered in the voter list, the re-run election returns shall be recognized without any further election.

Article 81.Cancellation of election returns and decision on election re-run

1. The National Election Council shall cancel at its own will or at the request of the National Assembly Standing Committee, Government, Vietnam Fatherland Front Central Committee or provincial-level Election Committees the election returns in the electorates or constituencies where serious violations of law are committed and shall decide on the date for election re-run in such electorates or constituencies.

2. In case of election re-run, the election day must not be later than 15 days after the first election. In a re-run election, voters may only choose from the candidates on the list of candidates of the first election.

Article 82.Voter lists of additional election and re-run election

The voter list of an additional election or a re-run election shall be made based on the voter list for the first election and in accordance with this Law.

Section 4

SUMMING UP OF THE ELECTION

Article 83.Written records ascertaining National Assembly deputy election returns in provinces and centrally run cities

1. After receiving and checking written records ascertaining National Assembly deputy election returns from the Election Boards and results of the settlement of complaints and denunciations (if any), provincial-level Election Committees shall make written records ascertaining election returns in their localities.

2. A written record ascertaining National Assembly deputy election returns in a province or centrally run city must have the following details:

a/ Number of constituencies;

b/ Number of candidates;

c/ Total number of voters of the locality;

d/ Number of voters who have cast their ballots and percentage of these voters against the total number of voters in the locality;

dd/ Number of valid votes;

e/ Number of invalid votes;

g/ Number of votes for each candidate;

h/ List of elected candidates in each constituency;

i/ Complaints and denunciations settled by the Election Teams and Election Boards;

k/ Important matters that occurred and settlement results;

l/ Complaints and denunciations settled by the provincial-level Election Committee;

m/ Complaints, denunciations and petitions forwarded to the National Election Council.

3. A written record ascertaining National Assembly deputy election returns in a province or centrally run city shall be made in four copies, bearing the signatures of the Chairperson and Vice Chairpersons of the Election Committee. Within 7 days after the election day, the written records shall be sent to the National Election Council, National Assembly Standing Committee, Vietnam Fatherland Front Central Committee and provincial-level Vietnam Fatherland Front Committee.

Article 84.Written record summing up the election of deputies to the National Assembly

1. After receiving and checking written records ascertaining election returns from the Election Boards and provincial-level Election Committees and results of the settlement of complaints and denunciations (if any), the National Election Council shall make a written record summing up the election of deputies to the National Assembly nationwide.

2. The written record summing up the election of deputies to the National Assembly must have the following details:

a/ Total number of elected National Assembly deputies;

b/ Total number of candidates;

c/ Total number of voters nationwide;

d/ Total number of voters who have cast their ballots and percentage of these voters against the total number of voters nationwide;

dd/ Number of valid votes;

e/ Number of invalid votes;

g/ Number of votes for each candidate;

h/ List of elected candidates in each constituency;

i/ Important matters that occurred and settlement results;

k/ Complaints and denunciations settled by the National Election Committee.

3. The written record summing up the election of deputies to the National Assembly shall be made in five copies, bearing the signatures of the Chairperson and Vice Chairpersons of the National Election Council. The written record shall be sent to the National Assembly Standing Committee, Government and Vietnam Fatherland Front Central Committee and submitted to the new National Assembly.

Article 85.Written records summing up the election of deputies to People’s Councils

1. After receiving and checking written records ascertaining election returns from the Election Boards and results of the settlement of complaints and denunciations (if any), the Election Committees shall make written records summing up the election of deputies to People’s Councils which they are in charge of organizing.

2. A written record summing up the election of deputies to People’s Councils must have the following details:

a/ Total number of elected People’s Council deputies of the administrative unit;

b/ Total number of candidates;

c/ Total number of voters in the administrative unit;

d/ Number of voters who have cast their ballots and percentage of these voters against the total number of voters in the administrative unit;

dd/ Number of valid votes;

e/ Number of invalid votes;

g/ Number of votes for each candidate;

h/ List of elected candidates in each constituency;

i/ Important matters that occurred and settlement results;

k/ Complaints and denunciations settled by the Election Committee.

3. A written record summing up the election of deputies to People’s Councils shall be made in six copies, bearing the signatures of the Chairperson and Vice Chairpersons of the Election Committee. Written records summing up the election of deputies to district- and commune-level People’s Councils shall be sent to People’s Councils, People’s Committees and Vietnam Fatherland Front Committees at the same level and immediate higher level. Written records summing up the election of deputies to provincial-level People’s Councils shall be sent to People’s Councils, People’s Committees and Vietnam Fatherland Front Committees at the same level, the National Assembly Standing Committee, Government and Vietnam Fatherland Front Central Committee.

Article 86.Making public of election returns and list of elected deputies

1. Within 20 days after the election day, the National Election Council shall base itself on the written record summing up the election nationwide to make public the election returns and the list of elected deputies to the National Assembly.

2. Within 10 days after the election day, Election Committees shall base themselves on written records summing the election to make public the election returns and the list of elected deputies to People’s Councils at their respective levels.

Article 87.Settlement of complaints about election returns

1. A complaint about National Assembly deputy election returns shall be sent to the National Election Council within 5 days after these returns are made public.

A complaint about People’s Council deputy election returns shall be sent to the relevant Election Committee within 5 days after these returns are made public.

2. The National Election Council shall consider and settle a complaint about National Assembly deputy election returns within 30 days after receiving it.

An Election Committee shall consider and settle a complaint about People’s Council deputy election returns within 20 days after receiving it.

3. A decision of the National Election Council or an Election Committee on the settlement of a complaint is the final.

Article 88.Certification of status of elected deputies to the National Assembly and deputies to People’s Councils

1. Based on the summed up returns of the election of deputies to the National Assembly and results of the settlement of complaints and denunciations about elected deputies to the National Assembly, the National Election Council shall certify the status of elected deputies to the National Assembly and grant certificates of deputies to the new National Assembly to them, and report to the new National Assembly on results of certification of status of National Assembly deputies at the first session.

2. Based on summed up returns of the election of deputies to People’s Councils and results of the settlement of complaints and denunciations about elected deputies to People’s Councils, the Election Committees shall certify the status of elected deputies to People’s Councils to which they are in charge of organizing the election of deputies and grant certificates of deputies to new People’s Councils to them, and report to new People’s Councils on results of certification of status of People’s Council deputies at the first session.

Chapter IX

BY-ELECTION OF DEPUTIES TO THE NATIONAL ASSEMBLY OR DEPUTIES TO PEOPLE’S COUNCILS

Article 89.By-election

1. A by-election of deputies to the National Assembly during its term may only be organized if the remainder of the term is more than 2 years and the deputy vacancies account for more than ten percent of the total number of National Assembly deputies elected at the beginning of the term.

2. A by-election of deputies to a People’s Council during its term may only be organized if the remainder of the term is more than 18 months and either of the following conditions is satisfied:

a/ The People’s Council deputy vacancies account for more than one third of the total number of People’s Council deputies elected at the beginning of the term;

b/ An administrative unit newly established on the basis of merging, dividing or adjusting the boundaries of existing administrative units has the number of People’s Council deputies lower than two thirds of the total number of deputies elected in accordance with the Law on Organization of Local Administrations.

3. The National Assembly shall decide on and announce the date for National Assembly deputy by-election; the National Assembly Standing Committee shall decide on and announce the date for provincial-level People’s Council deputy by-election; the Standing Body of a provincial-level People’s Council shall decide on and announce the date for district- or commune-level People’s Council deputy by-election.

4. The by-election day must be a Sunday and announced at least 30 days before the by-election day.

Article 90.Organizations in charge of by-election

1. The National Assembly shall establish a By-Election Council to organize a National Assembly deputy by-election. A By-Election Council shall be composed of between five and seven members, including the Chairperson, Vice Chairperson and members who are representatives of the National Assembly Standing Committee, Government, Vietnam Fatherland Front Central Committee and a number of concerned agencies and organizations.

At least 20 days before the by-election day, a provincial-level People’s Committee shall, after reaching agreement with the Standing Body of the People’s Council and Standing Board of the Vietnam Fatherland Front Committee at the same level, decide to establish a By-Election Committee in the constituency where by-election of deputies to the National Assembly is needed. A By-Election Committee shall be composed of between three and five members, including the Chairperson, Vice Chairperson and members who are representatives of the local administration and Vietnam Fatherland Front Committee.

2. For by-election of deputies to a People’s Council, at least 20 days before the by-election day, the People’s Committee at the same level shall, after reaching agreement with the Standing Body of the People’s Council and Standing Board of the Vietnam Fatherland Front Committee, decide to establish a By-Election Committee to organize the by-election of deputies to the People’s Council and at least 15 days before the by-election day establish a By-Election Board in each constituency where the by-election is needed. A By-Election Committee shall be composed of between three and five members including the Chairperson, Vice Chairperson and members. A By-Election Board shall be composed of between three and five members including the Chairperson, Vice Chairperson and members who are representatives of state agencies, political organizations, socio-political organizations and social organizations.

3. At least 15 days before the by-election day, a commune-level People’s Committee shall, after reaching agreement with the Standing Body of the People’s Council and Standing Board of the Vietnam Fatherland Front Committee at the same level, decide to establish in each electorate a By-Election Team composed of between nine and eleven members including the Head, Secretary and members who are representatives of local state agencies, political organizations, socio-political organizations, social organizations and voters.

4. Tasks and powers of the By-Election Council, By-Election Committees, By-Election Boards and By-Election Teams must comply with relevant provisions of this Law on tasks and powers of the National Election Council, Election Committees, Election Boards and Election Teams.

Article 91.Voter lists in by-elections

Voter lists in by-elections shall be drawn up by commune-level People’s Committees under Chapter IV of this Law and made public at least 15 days before the by-election day.

Article 92.Candidacy, and consultation and nomination of candidates for by-election

1. The candidacy and dossiers of candidates for by-election of deputies to the National Assembly or deputies to People’s Councils must comply with Section 1, Chapter V of this Law.

A citizen who stands for the by-election of deputies to the National Assembly or deputies to People’s Councils shall submit his/her candidacy dossier at least 18 days before the by-election day.

2. The consultation and nomination of candidates and drawing up of a list of candidates for the by-election of deputies to the National Assembly or deputies to People’s Councils must comply with regulations of the National Assembly Standing Committee and be completed at least 12 days before the by-election day.

3. An official list of candidates for the by-election of deputies to the National Assembly or deputies to People’s Councils shall be made public at least 10 days before the by-election day.

Article 93.By-election procedures and ascertaining of by-election returns

The voting methods, election procedures and ascertaining of by-election returns must comply with Chapters VII and VIII of this Law.

Article 94.Complaints, denunciations and petitions about the by-election

Complaints, denunciations and petitions about the by-election and settlement thereof must comply with relevant provisions of this Law.

Chapter X

HANDLING OF VIOLATIONS OF THE ELECTION LAW AND IMPLEMENTATION PROVISIONS

Article 95.Handling of violations

Persons who employ tricks to deceive, buy off or force citizens thereby obstructing the latter’s election and standing for the election; violate regulations on election campaigning; persons in charge of electoral work who forge documents, fraudulently exchange ballots, employ other tricks to falsify election returns or violate other provisions of the election law shall, depending on the nature and severity of their violations, be disciplined, administratively sanctioned or examined for penal liability.

Article 96.Transitional provisions

In organizing the election in rural districts, urban districts and wards where no People’s Councils are organized on a pilot basis under the National Assembly’s Resolution No. 26/2008/QH12 and the National Assembly Standing Committee’s Resolutions No. 724/2009/UBTVQH12 and 725/2009/UBTVQH12, the Standing Bodies of provincial-level People’s Councils shall perform the tasks and exercise the powers of the Standing Bodies of People’s Councils in rural districts, urban districts and wards prescribed in Articles 4, 9 and 51 of this Law at the request of provincial-level People’s Committees and after consulting the People’s Committees in such rural districts, urban districts and wards.

Article 97.Effect

1. This Law takes effect on September 1, 2015.

2. The 1997 Law on Election of Deputies to the National Assembly, which had a number of articles amended and supplemented under Law No. 31/2001/QH10 and Law No. 63/2010/QH12, and Law No. 12/2003/QH11 on Election of Deputies to People’s Councils, which had a number of articles amended and supplemented under Law No. 63/2010/QH12, cease to be effective on the effective date of this Law.

Article 98.Detailing provision and implementation guidance

1. The National Assembly Standing Committee shall detail the articles and clauses of this Law as assigned.

2. The National Election Council, the Government and the Presidium of the Vietnam Fatherland Front Central Committee shall, within the ambit of their tasks and powers, guide the implementation of this Law.

This Law was passed on June 25, 2015, by the XIII^thNational Assembly of the Socialist Republic of Vietnam at its 9^thsession.-

Chairman of the National Assembly
NGUYEN SINH HUNG