Chương 3 Luật bầu cử đại biểu hội đồng nhân dân 2003: Các tổ chức phụ trách bầu cử

Chapter III

ELECTION-MANAGING ORGANIZATIONS

Article 15.- Organizations managing the election of deputies to the People's Councils include:

1. The Election Councils;

2. The Election Boards;

3. The Election Teams.

Article 16.-

1. At least ninety days before the day for election of deputies to the People's Councils of all levels, the People's Committees shall, after consulting with the standing bodies of the People's Councils and standing boards of Vietnam Fatherland Front Committees of the same levels, decide to set up the Election Councils composed of representatives of the standing bodies of the People's Councils, the People's Committees, the standing boards of Vietnam Fatherland Front Committees and other agencies of the State, political organizations and socio-political organizations.

A Council for Election of deputies to a provincial-level People's Council shall be composed of between fifteen and twenty one persons.

A Council for Election of deputies to a district-level People's Council shall be composed of between eleven and fifteen persons.

A Council for Election of deputies to a commune-level People's Council shall be composed of between nine and eleven persons.

The Election Council shall elect its chairman, vice chairman and secretary.

The lists of members of the provincial-level Election Councils must be reported to the National Assembly Standing Committee, the Government and Vietnam Fatherland Front Central Committee. The lists of members of the district-level and commune-level Election Councils must be reported to the standing bodies of the People's Councils, the People's Committees and the standing boards of Vietnam Fatherland Front Committees of the immediate superior levels.

2. The Election Councils shall have the following tasks and powers:

a/ To direct the organization of the election in their respective localities; to examine and urge the implementation of law provisions on election;

b/ To direct the performance of the work of protection of security, order and social safety in the election in their respective localities;

c/ To direct the work of election information, propagation and campaigning in their respective localities;

d/ To receive and consider the dossiers of persons who nominated by political organizations, socio-political organizations, social organizations, economic organizations, people's armed force units, State agencies, hamlets or population groups in localities, and of independent candidates; to send lists of candidates and their curricular vitae to the standing boards of Vietnam Fatherland Front Committees of the same levels;

e/ To settle the election work-related complaints and denunciations of the Election Boards and the Election Teams;

f/ To publicize the number of election units, lists of units and number of to be-elected deputies of each election unit in their respective localities;

g/ To receive dossiers and publicize lists of the People's Council candidates according to each election unit; to settle complaints and petitions related to such lists;

h/ To receive documents and ballots from the People's Committees of the same levels and distribute them to the Election Boards at least twenty five days before the election day;

i/ To receive and examine records on determination of the election returns sent by the Election Boards; to make records on summing up the election in their respective localities;

j/ To direct the additional elections or re-elections according to the provisions in Articles 62, 63, 64 and 65 of this Law;

k/ To publicize the election returns;

l/ To submit to the People's Councils the records on summing up the election and transfer the election-related dossiers and documents according to the provisions of this Law.

Article 17.-

1. At least forty five days before the day for election of deputies to the People's Councils, the People's Committees shall, after consulting with the standing bodies of the People's Councils and the standing boards of Vietnam Fatherland Front Committees of the same levels, decide to set up an Election Board at each election unit.

A Board for Election of deputies to a provincial-level People's Council shall be composed of between eleven and thirteen persons.

A Board for Election of deputies to a district-level People's Council shall be composed of between nine and eleven persons.

A Board for Election of deputies to a commune-level People's Council shall be composed of between seven and nine persons.

The Election Boards shall be composed of representatives of State agencies, political organizations and socio-political organizations. At the commune level, the Election Boards shall also be composed of representatives of the local electorates.

The Election Board shall elect its head, deputy head and secretary.

2. The Election Boards shall have the following tasks and powers:

a/ To examine and urge the implementation of law provisions on election by the Election Teams in the election units;

b/ To examine and urge the making and posting-up of lists of voters and the posting-up of lists of candidates in the Election Teams in the election units;

c/ To examine and urge the arrangement of the polling rooms and the election work in the polling rooms;

d/ To receive documents and ballots from the Election Councils for distribution to the Election Teams in the election units at least fifteen days before the election day;

e/ To settle the election work-related complaints and denunciations by the Election Groups as well as election-related complaints, denunciations and petitions sent to by the Election Teams;

f/ To receive, synthesize and examine vote-counting records sent by the Election Teams; to make records on determination of the election returns in the election units;

g/ To transfer the records certifying the election returns as well as election-related dossiers and documents according to the provisions of Article 60 of this Law;

h/ To organize additional elections or re-elections under decisions of the Election Councils.

Article 18.-

1. At least thirty five days before the day for election of deputies to the People's Councils, the commune-level People's Committees shall, after consulting with the standing bodies of the People's Councils and the standing boards of Vietnam Fatherland Front Committees of the same levels, decide to set up at each polling station an Election Team composed of between five and nine persons being representatives of social organizations and local electorates.

The Election Team shall elect its head, deputy head and secretary.

In cases where there is only one polling station in the election unit, the Election Board shall concurrently perform the tasks of the Election Team.

People's armed force units shall set up at each polling station an Election Team composed of between five and nine persons, including the team head, deputy head, secretary and members being representatives of the units' commanders and armymen.

2. The Election Teams shall have the following tasks and powers:

a/ To manage the election work in the polling stations;

b/ To arrange polling rooms and prepare ballot boxes;

c/ To receive documents and ballots from the Election Boards and distribute the ballots stamped with the Election Team's seal to voters;

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

e/ To ensure the strict observance of the polling rooms' internal regulations;

f/ To settle the election work-related complaints and denunciations in the polling stations;

g/ To count the votes and make records thereon;

h/ To transfer the vote-counting records, the ballots and other documents related to election according to the provisions of Article 59 of this Law.

Article 19.- The election-managing organizations and their members must not canvass for candidates.

Article 20.- The election-managing organizations shall work according to the collective regime; their meetings shall proceed when they are attended by at least two-thirds of the total number of their members. Decisions shall be passed when they are voted for by more than half of the total number of members.

Article 21.- Vietnam Fatherland Front Committees, State agencies, socio-political organizations, social organizations, economic organizations and people's armed force units shall nominate their officials and/or employees to participate in the election work at the requests of the Election Councils, the Election Boards and/or the Election Teams, and shall, within the ambit of their respective functions and tasks, create favorable conditions for the election-managing organizations to perform their tasks and exercise their powers according to the provisions of this Law.

Article 22.- The Election Councils shall terminate their tasks after they have submitted records on summing up the election as well as election-related dossiers and documents at the first session of the newly elected People's Councils.

The Election Boards and the Election Teams shall terminate their tasks after the Election Councils have publicized the election returns.