Chương 7 Luật bầu cử đại biểu hội đồng nhân dân 2003: Kết quả bầu cử

Chapter VII

ELECTION RETURNS

Section 1. VOTE COUNTING

Article 55.- Vote-counting must be conducted in the polling rooms right after the voting ends.

Before opening the ballot boxes, the Election Teams must make statistics and records, seal up unused ballots and invite two voters other than candidates present there to witness the vote-counting.

Candidates as well as representatives of agencies, organizations, units, hamlets or population groups having candidates may witness the vote-counting and lodge their complaints thereabout. News reporters may witness the vote-counting.

Article 56.- The following ballots shall be considered invalid:

1. Ballots not being those made according to a set form and distributed by the Election Teams;

2. Ballots without the Election Teams' seal;

3. Ballots with the number of elected persons larger than the number of deputies to be elected by the election units;

4. Ballots with all candidates' names crossed out;

5. Ballots inscribed with names of those outside the lists of candidates, or ballots with additional inscriptions.

Article 57.- If there are any ballots suspected as invalid, the heads of the Election Teams must produce them to the whole teams for settlement.

The Election Teams must not cross out or amend names inscribed in ballots.

Article 58.- On-spot complaints about the vote-counting shall be received and settled by the Election Teams and the ways of settlement thereof shall be clearly inscribed in records. If the Election Teams cannot settle them, they must report such to the Election Boards for settlement.

Article 59.-

1. After completing the vote-counting, the Election Teams must make records thereon, which must clearly state:

a/ The total number of voters of the polling stations;

b/ The number of voters having cast their votes;

c/ The number of distributed votes;

d/ The number of retrieved votes;

e/ The number of valid votes;

f/ The number of invalid votes;

g/ The number of votes for each candidate;

h/ The received complaints, the settled complaints and ways of settlement thereof, and complaints already transferred to the Election Boards for settlement.

2. A vote-counting record shall be made in three copies with signatures of the head, deputy-head and secretary of the Election Team as well as two voters invited to witness the vote-counting for sending to the Election Board, the People's Committee and the standing board of Vietnam Fatherland Front Committee of commune, ward or township.

Section 2. RETURNS OF ELECTION AT ELECTION UNITS

Article 60.-

1. The Election Boards shall examine the vote-counting records of the Election Teams and make records certifying the election returns at their respective election units. Such a record of certification of the election returns must clearly state:

a/ The number of People's Committees deputies fixed for an election unit;

b/ The number of candidates;

c/ The total number of voters of the election unit;

d/ The number of voters having cast their votes and the percentage thereof on the total number of voters;

e/ The number of distributed votes;

f/ The number of retrieved votes;

g/ The number of valid votes;

h/ The number of invalid votes;

i/ The number of votes for each candidate;

j/ The lists of elected persons;

k/ Complaints already settled by the Election Teams; complaints settled by the Election Boards; and complaints transferred to the Election Councils for settlement.

2. A record on certification of the election returns shall be made in four copies with signatures of the head, deputy head and secretary of the Election Board and sent to the Election Council, the standing body of the People's Council, the People's Committee and the standing board of Vietnam Fatherland Front Committee of the same level.

Article 61.- Those candidates who win more than half of valid votes and win more votes shall be elected. In cases where many candidates have the equal number of votes, the older candidates shall be elected.

Section 3. ADDITIONAL ELECTION AND RE-ELECTION

Article 62.- If in the first election, the number of elected persons is less than two-thirds of the number of deputies already fixed for the election units, the Election Boards must clearly inscribe such in the records on certification of the election returns and report thereon immediately to the Election Councils for deciding on the date for the election of additional deputies. The additional election must be organized within fifteen days after the first election.

In the additional election, voters shall only choose among those on the lists of first-election candidates who have not been elected. If the additional election still fails to bring in the adequate number of deputies, the second additional election shall not be organized.

Article 63.- In any election unit, if the number of voters having gone to the poll accounts for less than half of the number of voters inscribed in the lists, the Election Boards must clearly inscribe such in the records and report thereon immediately to the Election Councils. The Election Councils shall decide on the date for re-election, which shall be within fifteen days after the first election.

In the re-election, voters shall only choose among those on the lists of first-election candidates. If the number of voters having gone to the poll in the re-election still fails to exceed half of the number of voters inscribed in the lists, the second re-election shall not be organized.

Article 64.- The National Assembly Standing Committee shall cancel the election at those election units, which commit serious violations of law at the proposal of the Government and decide on the date for re-election at such election units.

Article 65.- The lists of voters of additional election or re-election shall be based on the lists already drawn up in the first election and comply with the provisions of this Law.

Section 4. SUMMING UP THE ELECTION

Article 66.-

1. The Election Councils shall examine the Election Boards' records on certification of the election returns, settle complaints and make sum-up reports on the election of deputies to the People's Councils in their respective administrative units. Such a sum-up report on the election must clearly state:

a/ The total number of deputies fixed for the People's Council of such level;

b/ The total number of candidates;

c/ The number of election units and polling stations;

d/ The total number of voters;

e/ The number of voters having cast their votes, the percentage thereof on the total number of voters;

f/ The number of distributed votes;

g/ The number of retrieved votes;

h/ The number of valid votes;

i/ The number of invalid votes;

j/ The number of votes for each candidate;

k/ Lists of elected persons;

l/ Complaints and denunciations settled by the Election Councils;

m/ Important things having already happened and ways of settlement thereof.

2. A sum-up report on the election shall be made in six copies with signatures of the chairman, vice-chairman and secretary of the Election Council and sent to the People's Council, the People's Committee and Vietnam Fatherland Front Committees of the same level and immediate superior level. The records of the election of provincial-level People's Council deputies shall be sent to the People's Councils, the People's Committees, Vietnam Fatherland Front Committees of the same level, the National Assembly Standing Committee, the Government, and Vietnam Fatherland Front Central Committee.

Article 67.- The Election Councils shall publicize the election returns within:

a/ Five days after the election date, for the election of deputies to the commune, ward or township People's Councils;

b/ Seven days after the election date, for the election of deputies to the People's Councils of delta rural districts and urban districts as well as provincial towns and cities;

c/ Ten days after the election date, for the election of deputies to the People's Councils of mountainous and island rural districts as well as provinces and centrally-run cities; or fifteen days, for mountainous provinces.