Chương 7 Luật Bầu cử Đại biểu Quốc hội 1997: Kết quả bầu cử

Chapter VII

ELECTION RESULTS

Section 1. VOTE COUNT

Article 64.- The counting of votes must be conducted in the polling station immediately after the voting is over.

Before opening the ballot box, the Election Team must count, write a report on and seal the unused ballots and have to invite two voters who are not candidates to witness the vote count.

The candidates, the representatives of the agencies, organizations and units that nominate the candidates and/or the authorized persons shall have the right to witness the vote count and make complaints about it. Reporters of the press shall be allowed to witness the vote count.

Article 65.- The following votes shall be invalid:

1. Votes made on ballots which are not in the prescribed form distributed 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 designated number of deputies to be elected in the constituency;

4. Votes which cross out all the names of candidates;

5. Votes which elect persons outside the list of candidates.

Article 66.- If a vote is in doubt about its validity, the head of the Election team shall show it so that the whole Team can settle.

The Election Team is not allowed to cross out or amend the names on the votes.

Article 67.- On-the-spot complaints about the vote count shall be received and settled by the Election Team which shall state the ways of settlement in its report.

If the Election Team fails to settle a complaint, it shall clearly state its opinion in the report on the complaint settlement and refer it to the Election Board.

Article 68.- After counting the votes, the Election Team must make a report on the vote counting result.

The report must clearly state:

- The total number of voters of the electorate;

- The number of voters who have cast their votes;

- The percentage of voters who have cast their votes against the total number of voters;

- The number of valid votes;

- The number of invalid votes;

- The number of votes for each candidate;

- The complaints received, the complaints already settled and ways of settlement, complaints referred to the Election Board.

The report shall be made in four copies, each affixed with the signatures of the Head and the Secretary of the Election Team and two voters who have been invited to witness the vote count. Not later than three days after the election day the report shall be sent to the Election Board and the Chairman of the People’s Council, the People’s Committee, the Standing Board of the Fatherland Front Committee of the commune, ward or township.

Section 2. ELECTION RESULT AT THE CONSTITUENCY

Article 69.- After receiving the reports on the results of the vote counts from the Election Teams, the Election Board shall check these reports and draw up a report confirming the election result in its constituency.

The report shall clearly state:

- The number of National Assembly deputies determined for each constituency;

- The number of candidates;

- The total number of voters in the constituency;

- The number of voters who cast their votes;

- The percentage of voters who cast their ballots against the total number of voters;

- The number of valid votes;

- The number of invalid votes;

- The number of votes for each candidate;

- The list of elected candidates;

- The complaints settled by the Election Teams, complaints settled by the Election Board; and complaints referred to the Election Committee and the Election Council.

The report shall be made in five copies, each affixed with the signatures of the Head, Deputy Heads and the Secretary of the Board. Not later than five days after the election day, it shall be sent to the Election Council, the Election Committee, the Standing Board of the People�s Council, the People�s Committee and the Fatherland Front Committee of the province or the city directly under the Central Government.

Article 70.- Among the candidates to be elected in the constituency, those who poll more than half of the valid votes and more votes than others shall be elected. In cases where there are more than one candidate polling the same number of votes, the eldest shall be elected.

Section 3. ADDITIONAL ELECTION, RE-ELECTION

Article 71.- If, In the first election, the number of elected candidates is less than that designated by the Standing Committee of the National Assembly for the constituency, the Election Board of which must clearly state it in a report and promptly report it to the Election Committee which shall request the Election Council to consider and decide on an additional election in such constituency.

In case of an additional election, the election day shall be not later than twenty days after the first election. In the additional election, voters shall only choose from the candidates on the list of candidates who failed in the first election. The elected candidates shall be those who poll more than half of the valid votes and more votes than others. If even after the additional election but the number of elected candidates is still below than the designated number, there shall not be the second additional election.

Article 72.- If, in a constituency, the number of poll-goers is not more than half of the number of voters registered in the voters’ list, the Election Board shall clearly state it in a report and immediately report it to the Election Committee which shall request the Election Council to consider and decide a re-election in such constituency.

In case of a re-election, the election day shall be not later than fifteen days after the first election. In the re-election, voters shall choose from the candidates on the list of the first election candidates. If, in the re-election. the number of poll-goers is still not more than half of the number of voters registered in the list, no re-election shall be held for the second time.

Article 73.- The Election Council shall disregard by itself or at the proposal of the Government, the Central Committee of the Vietnam Fatherland Front or the Election Committee the election result in a constituency where there have been violations of law and decide the re-election day in such constituency. In the re-election voters shall only choose from those on the list of the first election candidates.

Article 74.- An additional election or re-election shall be based on the list of voters drawn up in the first election and conducted in accordance with the provisions of this Law.

Section 4. SUMMING UP OF THE ELECTION

Article 75.- After receiving and checking the reports of the Election Boards on the election returns and the settlement of complaints (if any), the Election Committee shall make a report ascertaining the election returns in the locality.

The report must clearly state:

- The number of constituencies;

- The number of candidates;

- The total number of voters in the locality;

- The number of voters who have cast their votes;

- The percentage of voters who have cast their ballots against the total number of voters;

- The number of valid votes;

- The number of invalid votes;

- The number of votes for each candidate;

- The list of elected candidates;

- The complaints already settled by the Election Teams and Election Boards;

- The complaints already settled by the Election Committee;

- The important incidents and solutions thereto;

- The complaints, denunciations and petitions referred to the Election Council.

The report shall be made in five copies, each affixed with the signatures of the Chairman and the Secretary of the Election Committee.. Not later than seven days after the election day the report shall be sent to the Election Council, the Central Committee of the Vietnam Fatherland Front, the Standing Board of the People’s Council, the People’s Committee, the Fatherland Front Committee of the province or the city directly under the Central Government.

Article 76.- After receiving and checking the Election Boards’ and the Election Committees’ reports ascertaining the election results and the settlement of complaints and denunciations (if any), the Election Council shall make a sum-up report on the nation-wide election.

The report must clearly state:

- The total number of the elected National Assembly deputies;

- The total number of candidates;

- The total number of voters;

- The total number of voters who have cast their votes;

- The percentage of voters who have cast their ballots against the total number of voters;

- The number of valid votes;

- The number of invalid votes;

- The number of votes for each candidate;

- The list of elected candidates;

- The complaints and denunciations settled by the Election Council;

- The important incidents and solutions thereto;

The report shall be made in five copies, each affixed with the signatures of the Chairman and the General Secretary of the Election Council.. Each copy of the report shall be sent to the Standing Committee of the National Assembly, the Government, and the Central Committee of the Vietnam Fatherland Front; one copy shall be submitted to the National Assembly new legislature and another used for filing.

Article 77.- the Election Council shall, on the basis of the sum-up report on the nation-wide election, make public the election returns and the list of the elected deputies of the National Assembly.

Section 5. SETTLEMENT OF COMPLAINTS ABOUT THE ELECTION RETURNS

Article 78.-

1. All complaints about the election returns must be sent to the Election Council within ten days from the date the Election Council announces the election result.

2. The Election Council shall have to consider and settle the complaints about the election result within thirty days from the date of receiving them.

The Election Council’s decision on the settlement of the complaints shall be the final.