Chương 3 Luật Bầu cử Đại biểu Quốc hội 1997: Các tổ chức phụ trách bầu cử

Chapter III

ORGANIZATIONS IN CHARGE OF THE ELECTION

Article 13.- The organizations in charge of the election of National Assembly deputies include:

- The Election Council at the central level;

- The Election Committees of the provinces and the cities directly under the Central Government;

- The Election Boards of the constituencies;

- The Election Teams of the electorates.

Article 14.- Not later than ninety days before the election day, the National Assembly shall set up the Election Council composed of from fifteen to twenty one persons, including a Chairman, Vice-Chairmen, a General Secretary and other persons who are representatives of the Standing Committee of the National Assembly, the Government, the Central Committee of the Vietnam Fatherland Front, and a number of concerned agencies and organizations.

The Election Council shall have the following tasks and powers:

1. To direct the organization of the election in the whole country; supervise and urge the implementation of the provisions of legislation on the election of the National Assembly deputies;

2. To direct the election information, propaganda and electioneering work;

3. To direct the work of maintaining security, social order and safety during the election;

4. To receive and consider the files of the National Assembly candidates nominated by the political, socio-political and social organizations, the People’s Armed Forces and the State agencies at the central level; forward the summarized biographies of the candidates to the Standing Board of the Central Committee of the Vietnam Fatherland Front;

5. To receive the files and the list of the candidates for the National Assembly election from the Election Committees;

6. To define the forms of the voters’ cards and the ballots for the election of the National Assembly deputies;

7. To draw up and make public lists of the National Assembly candidates for all constituencies throughout the country;

8. To consider and settle complaints and denunciations about the work of the Election Committees, Election Boards and Election Teams; consider and settle complaints and denunciations about the election, submitted by the Election Committees or the Election Boards; consider and settle complaints and denunciations about the candidates; consider and settle complaints about the election returns;

9. To receive and check the reports on the election returns, submitted by the Election Committees and Election Boards; make a sum-up report on the national election;

10. To consider and decide re-election or additional election or disregard the election returns at the constituencies;

11. To make public the election returns in the whole country;

12. To issue certificates to the elected candidates;

13. To submit to the Standing Committee of the National Assembly and the new National Assembly the report summing up the national election result, records and documents relating to the election.

Article 15.- Not later than eighty days before the election day, the Standing Board of the People’s Council of each province or city directly under the Central Government shall, after consulting the People’s Committee and the Standing Board of the Fatherland Front Committee of the same level, decide to set up an Election Committee composed of from seven to eleven persons including a Chairman, Vice-Chairmen, a Secretary and other persons who are representatives of the Standing Board of the People’s Council, the People’s Committee, the Fatherland Front Committee of the same level and a number of concerned agencies and organizations.

The Election Committee shall have the following tasks and powers:

1. To direct the preparation and organization of the election in the constituencies; supervise and urge the implementation of the legislation on the election of National Assembly deputies by the Election Boards and Election Teams;

2. To direct the performance of the election information, propaganda and electioneering work in the locality;

3. To direct the maintenance of security, social order and safety for the election in the locality;

4. To receive and consider the personal records of the National Assembly candidates nominated by the political, socio-political and social organizations, the People�s Armed Forces units and the State agencies in the locality and the personal records of the independent candidates for the National Assembly election; send the list and summarized biographies of the nominated and independent candidates to the Standing Board of the Fatherland Front Committee of the province or city directly under the Central Government;

5. To print the documents relating to the election, voters� cards and ballots according to the forms defined by the Election Council;

6. To draw up the list of candidates for each constituency and report it to the Election Council;

7. To supervise the drawing up and posting of the voters� list;

8. To consider and settle complaints and denunciations about the work of the Election Boards and Election Teams; consider and settle complaints and denunciations about the election, submitted by the Election Boards and the Election Teams; consider and settle complaints and denunciations about the candidates;

9. To receive and check the reports on the election returns from the Election Boards; make a sum-up report on the election result in the locality;

10. To make public the election returns in the locality;

11. To report on the organization and process of the election according to the regulations of the Election Council;

12. To forward the dossier and reports on the election returns to the Election Council;

13. To organize re-election or additional election if so decided by the Election Council.

Article 16.- Not later than sixty days before the election day, the Standing Board of the People�s Council of each province or city directly under the Central Government shall, after consulting the People’s Committee and the Standing Board of the Fatherland Front Committee of the same level, decide to set up in each constituency an Election Board composed of from nine to fifteen persons including a Head, Deputy Heads, a Secretary and other members who are representatives of the Standing Board of the People’s Council, the People’s Committee, the Standing Board of the Fatherland Front Committee of the same level and a number of concerned agencies and organizations.

The Election Board shall have the following tasks and powers:

1. To supervise and urge the Election Teams in their’ implementation of the provisions of legislation on the election of the National Assembly deputies;

2. To supervise and urge the arrangement of the polling stations;

3. To supervise the drawing up and posting of the voters’ lists;

4. To distribute voters’ cards and ballots to the Election Teams not later than five days before the election day;

5. To post the list of candidates in the constituency;

6. To supervise the electoral work at the polling stations;

7. To receive and check the reports on the vote counting results, submitted by the Election Teams; make a report on the election returns in the constituencies and send it to the Election Council, the Election Committee and make public such results;

8. To receive and send to the Election Committee the complaints and denunciations about the candidates; consider and settle complaints and denunciations about the work of the Election Teams;

9. To report on the organization and process of the election according to the regulations of the Election Council and the Election Committee;

10. To send the dossier and documents on the election to the People’s Committees of the province or the city directly under the Central Government;

11. To hold re-election or additional election.

Article 17.- Not later than thirty days before the election day, the Chairman of the commune, ward or township People’s Council shall, after consulting the People’s Committee and the Standing Board of the Fatherland Front Committee of the same level, decide to set up in each electorate an Election Team composed of from five to eleven persons including a Head, a Deputy Head, a Secretary and other members who are representatives of the People’s Council, People’s Committee, the Fatherland Front Committee and voters in the locality.

A People�s Armed Forces unit shall set up in each of its electorates an Election Team composed of from five to nine persons, including a Head, a Deputy Head, a Secretary and other members who are representatives of the unit’s command and soldiers.

In case where a People’s Armed Force unit and the locality share an electorate the Chairman of the commune, ward or township People’s Council shall, after consulting the People’s Committee, the Standing Board of the Fatherland Front Committee of the same level and the command of the People’s Armed Force unit, decide to set up an Election Team composed of from five to eleven persons who are representatives of the People’s Council, the People’s Committee, the Fatherland Front Committee of the same level together with the representatives of the unit’s command and soldiers and the local constituents.

The Election Team shall have the following tasks and powers:

1. To organize the election in the electorate;

2. To arrange the polling stations and ready the ballot box(es);

3. To distribute the voters’ cards to voters not later than two days before the election day, except for cases specified in Clause 2 Article 23 of this Law; distribute to the voters the ballots sealed by the Election Team;

4. To ensure order at the polling station;

5. To count the votes and make the report on the vote counting results for submission to the Election Board;

6. To hand over the report on the vote count results and all the votes to the commune/ward/township People’s Committee;

7. To report on the organization and process of the election as stipulated by the higher level organizations in charge of the election;

8. To hold re-election or additional election.

Article 18.- The Election Council, Election Committees, Election Boards and Election Teams are not allowed to campaign for candidates.

Article 19.- The organizations in charge of the election shall work collectively; their meetings shall only be held with the participation of at least two thirds of total members; decisions shall be passed when more than half of the members vote for them.

The organizations in charge of the election may summon officials and cadres from State agencies, socio-political and social organizations for their assistance under a decision of the Chairman of the Election Council, the Chairman of the Election Committee or the Head of the Election Board.

Article 20.- State agencies, political, socio-political and social organizations and People�s Armed Forces units shall have to provide all favorable conditions for the organizations in charge of the election to perform their tasks and powers.

Article 21.- The Election Council shall fulfill its tasks after submitting to the new National Assembly the sum-up report on the election result, the records and documents relating to the election. The Election Committees, Election Boards and Election Teams shall finish their tasks after the Election Council announce the election returns in the whole country.