Chapter VII
ELECTION RESULTS
Section I. VOTE COUNT
Article 46.- The counting of the votes must be conducted at the polling station immediately after the polling is over.
Before opening the ballot box, the Election Team shall count, record and seal away the unused ballots and shall invite two voters who are not candidates to witness the vote count.
The candidates and/or representatives of the agencies, organizations and units of the candidates have the right to witness the vote count and lodge complaints about it. Reporters of the press, film makers, photographers, television and radio stations are allowed to witness the vote count.
Article 47.- The following votes shall be dismissed as irregular:
1. Votes made on ballots which are not in the form issued by the Election Team;
2. Votes made on ballots which do not bear the seal of the Election Team;
3. Votes which elect more candidates than the number of members to be voted at the election unit;
4. Votes which cross out all the names of the candidates on the ballots.
5. Votes which include non-candidate names.
Article 48.- If a vote is suspected of being irregular, the head of the Election Team shall bring it up to the attention of the whole team to resolve.
The Election Team must not cross out or fiddle with the names on the voted ballots.
Article 49.- On-the-spot complaints on the vote count shall be received, settled and clearly recorded in the report of the Election Team. If the Election Team is not able to settle, it must report to the Election Committee.
Article 50.- After the vote count, the Election Team shall make a report which clearly states the following:
- The total number of voters in the polling area;
- The number of voters who have cast the ballots;
- The number of ballots issued;
- The number of ballots received;
- The number of valid votes;
- The number of votes for each of the candidates;
- The complaints which have been received; the complaints which have been resolved and the way they are settled; and the complaints which have been submitted to the Election Committee for resolution.
The report on the vote count shall be made into three copies, each shall be signed by the head, deputy head and secretary of the Election Team and the two voters who are invited to witness the vote count, and shall be sent to the Election Committee, the People's Committee and the Vietnam Fatherland Front Chapter of the commune, urban ward or township.
Section II. ELECTION RESULT AT ELECTION UNIT
Article 51.- After receiving the vote-count report from the Election Teams, the Election Committee shall examine them and draw a report certifying the election result of its election unit.
The report shall clearly state:
- The number of members of the People's Council to be elected by that election unit;
- The number of candidates;
- The total number of voters in the election unit;
- The number of voters who have cast the ballots, their percentage in the total number of voters;
- The number of ballots issued;
- The number of ballots received;
- The number of valid votes;
- The number of invalid votes;
- The number of votes for each of the candidates;
- The list of the winning candidates;
- The complaints resolved by the Election Team; the complaints resolved by the Election Committee; and the complaints submitted passed to the Election Council for settlement.
The report shall be made into four copies, each copy shall be signed by the Chairman, Vice Chairman and Secretary of the Election Committee, and shall be sent to the Election Council, the Standing Board of the People's Council, the People's Committee and the Vietnam Fatherland Front Chapter of the same level. As regards the election of the members of the People's Council of the commune, urban ward and township, the minute shall be sent to the Election Council, the Chairman of the People's Council, the People's Committee and the Vietnam Fatherland Front Chapter of the same level.
Article 52.- The candidates who win more than half of the valid votes and have more votes shall be elected. In case many candidates have the same number of votes and all win more than half of the regular votes, the Election Council shall consider and decide the member elect upon the proposals of the Vietnam Fatherland Front Chapter of the same level and the Election Committee of that election unit.
Section III. SUPPLEMENTARY ELECTION AND RE-ELECTION
Article 53.- In the first election, if the number of members elect is less than two-thirds of the number of members designated for the election unit, the Election Committee shall state it clearly in its report on the election result and immediately report to the Election Council to decide on the date for the supplementary election. This supplementary election must be held fifteen days at the latest after the first election.
In the supplementary election voters shall only choose from among the candidates who have run and failed at the first election. If the supplementary election fails to fill all the seats, no further election shall be held.
Article 54.- Election units which have less than half of the registered voters going to the poll shall be clearly recorded in the report of the Election Committee which shall immediately send to the Election Council. The Election Council shall decide that date for the re-election to be held fifteen days at the latest after the first election.
Article 55.- The Standing Committee of the National Assembly shall, at the request of the Government, annul the election results of election units where there are serious violations of the law and decide the date for the re-election at those units.
Article 56.- The supplementary or re-election shall be based on the list of the voters drawn up for the first election and shall obey the provisions of this Law.
Section IV. ROUND-UP OF THE ELECTION
Article 57.- After receiving and checking the reports on election results sent by the Election Committees and settling the complaints, the Election Council shall make a report summing up the election to the People's Council at its administrative unit.
The sum-up report shall state clearly:
- The number of members designated for the People's Council at that level;
- The number of candidates;
- The number of election units and polling areas;
- The total number of voters;
- The number of voters who cast the ballots, their percentage in the total number of voters;
- The number of ballots issued;
- The number of ballots received;
- The number of valid votes;
- The number of invalid votes;
- The number of votes cast for each of the candidates;
- The list of the members elected;
- The important incidents and their settlements.
The report shall be made in six copies, each shall be signed by the President, Vice President and Secretary of the Election Council, and shall be sent to the People's Council, the People's Committee, the Vietnam Fatherland Front Chapter of the same and immediate higher levels. The report of the election of the members of the People's Council at provinces and cities directly under the Central Government shall be sent to the People's Council, the People's Committee and the Vietnam-Fatherland Front Chapter of the same level, the Standing Committee of the National Assembly, the Government and the Central Committee of the Vietnam Fatherland Front.
Article 58.- The Election Council shall make public the election results at the latest:
- Five days after the day of the elections to the People's Councils at communes, urban wards and townships;
- Seven days after the day of the elections to the People's Council at low-land and urban districts, provincial towns and provincial cities;
- Ten days after the day of the elections the People's Councils in mountainous and island districts, provinces and cities directly under the Central Government; and fifteen days for mountainous provinces.
Tìm kiếm
Luật Bầu cử đại biểu Hội đồng nhân dân 1994 (Bản Word)