Luật bầu cử đại biểu quốc hội 2001 sửa đổi số 31/2001/QH10

LAW

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE LAW

ON ELECTION OF DEPUTIES TO THE NATIONAL ASSEMBLY
(No. 31/2001/QH10 of December 25, 2001)

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam which was amended and supplemented under Resolution No. 51/2001/QH10 of December 25, 2001 of the Xth National Assembly, 10th session;
This Law amends and supplements a number of articles of the Law on Election of Deputies to the National Assembly which was adopted by the National Assembly of the Socialist Republic of Vietnam on April 15, 1997.

Article 1.- To amend and supplement a number of articles of the Law on Election of Deputies to the National Assembly:

1. Point 1 of Article 3 is amended and supplemented as follows:

"1. To be loyal to the Fatherland and abide by the Constitution of the Socialist Republic of Vietnam, to strive to implement the renewal process for the cause of national industrialization and modernization, thus making the people rich, the country string and the society equitable, democratic and civilized;"

2. Clause 1 of Article 8 is amended and supplemented as follows:

"1. The total number of deputies to the National Assembly of the Socialist Republic of Vietnam shall not exceed five hundred."

3. Article 9 is amended and supplemented as follows:

"Article 9.-

On the basis of the number of National Assembly deputies prescribed in Article 8 of this Law, the tasks and powers of the National Assembly and in order to ensure the rational proportion of representatives of various strata of people in the National Assembly, after consulting the Standing Board of Vietnam Fatherland Front Central Committee and representatives of socio-political organizations, the National Assembly Standing Committee shall, within ninety five days at most before the election day, make the proposition on:

1. The proportion and composition of National Assembly deputies;

2. The number of National Assembly deputies to be elected from political organizations, socio-political organizations, social organizations, people’s armed forces, as well as central and local State agencies."

4. To add the following Article 10a:

"Article 10a.-

The number of female National Assembly deputies shall be proposed by the National Assembly Standing Committee at the suggestion of the Presidium of Vietnam Women’s Union Central Committee, thus ensuring that the number of female deputies is appropriate."

5. The first paragraph of Article 14 is amended and supplemented as follows:

"Within one hundred and five days at most before the election day, the National Assembly Standing Committee shall set up an Election Council composed of between fifteen and twenty one persons, including the chairman, vice chairmen, secretary general and members being representatives of the National Assembly Standing Committee, the Government, the Vietnam Fatherland Front Central Committee, and a number of concerned agencies and organizations."

6. The first paragraph of Article 15 is amended and supplemented as follows:

"Within ninety five days at most before the election day, the Standing Board of the People’s Council of the province or centrally-run city 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 between seven and eleven persons, including the chairman, vice chairmen, secretary and members being representatives of the Standing Board of the People’s Council, the People’s Committee and Father-land Front Committee of the same level as well as a number of concerned agencies and organizations."

7. Article 23 is amended and supplemented as follows:

"Article 23.-

1. Those, who are being deprived of the voting right under legally effective judgments or rulings of the Court, serving prison terms, temporarily detained or have lost their civil act capacity, shall not have their names inscribed in the lists of voters.

2. If twenty four hours before the voting, the persons defined in Clause 1 of this Article have their voting right restored, are set free or certified by the competent agencies that they are no longer in the state of losing civil act capacity, they shall have their names added to the lists of voters and be given voter cards.

3. If the persons, whose names have already been inscribed in the list of voters, are, by the time of voting, deprived of their voting right by the Courts, have to serve prison terms, are temporarily detained or lose their civil act capacity, the People’s Committees of the communes, wards or townships shall delete their names from the lists of voters and withdraw their voter cards."

8. Clause 1 of Article 28 is amended and supplemented as follows:

"1. Citizens who stand for the National Assembly election (nominees and independent candidates) according to the provisions of this Law shall have to submit their candidacy dossiers within sixty five days at most before the election day.

A candidacy dossier includes:

a) An application for candidacy;

b) A curriculum vitae certified by the agency, organization or unit where such person is working or by the People’s Committee of the commune, ward or township where he/she resides;

c) A brief biography and three-color photos of 4 cm x 6 cm size."

9. Point 5 of Article 29 is amended and supplemented as follows:

"5. Those who are serving decisions on administrative handling through education at communes, wards or townships, at educational establishments, medical establishments, or who are put on administrative probation.

Those who have already had their names inscribed in the list of National Assembly candidates and, are, by the time the election starts, prosecuted for criminal offenses, arrested in the acts of committing crimes or lose their civil act capacity, shall have their names deleted by the Election Council from the list of candidates for the National Assembly election."

10. The first and second paragraphs of Article 30 are amended and supplemented as follows:

"The first consultative conference at the central level shall be organized by the Presidium of the Vietnam Fatherland Front Central Committee within eighty five days at most before the election day with the participation of the Presidium of the Vietnam Fatherland Front Central Committee and representatives of the leaderships of the Front’s member organizations.

The consultative conference shall negotiate on the proportion, composition, and number of people of central agencies, organizations and units to be elected as National Assembly deputies on the basis of the proposition forwarded by the National Assembly Standing Committee. The representatives of the Election Council, the National Assembly Standing Committee and the Government shall be invited to attend this conference."

11. The first and second paragraphs of Article 31 are amended and supplemented as follows:

"The first consultative conferences in the provinces and centrally-run cities shall be organized by the Standing Boards of the provincial/municipal Fatherland Front Committees within eighty five days at most before the election day with the participation of the Standing Boards of the Fatherland Front Committees, representatives of the leaderships of the Front’s member organizations, and representatives of the Standing Boards of the Fatherland Front Committees of the rural districts, urban districts, provincial towns and cities.

The consultative conferences shall negotiate on the proportion, composition, and number of people of local agencies, organizations, and units to be elected as National Assembly deputies on the basis of the proposition forwarded by the National Assembly Standing Committee. The representatives of the Election Council, the Standing Boards of the People’s Councils and People’s Committees shall be invited to attend these conferences."

12. Article 32 is amended and supplemented as follows:

"Article 32.-

On the basis of the results of the first consultative conferences prescribed in Articles 30 and 31 of this Law, within eighty days at most before the election day, the National Assembly Standing Committee shall make the first adjustment of the proportion, composition and number of people of central and local agencies, organizations and units to be elected as National Assembly deputies."

13. Article 33 is amended and supplemented as follows:

"Article 33.-

On the basis of the first adjustment by the National Assembly Standing Committee and the criteria of National Assembly deputies, central and local agencies, organizations, and units, which have been given the number of to-be deputies, shall proceed to recommend candidates for the National Assembly election."

14. The first and second paragraphs of Article 37 are amended and supplemented as follows:

"The second consultative conference at the central level shall be organized by the Presidium of the Vietnam Fatherland Front’s Central Committee within sixty days at most before the election day, the participants to the conference shall be the same as those provided for in Article 30 of this Law.

The consultative conference shall base itself on the criteria of the National Assembly deputies, the proportion, composition and number of deputies to be elected from central agencies, organizations and units as adjusted for the first time by the National Assembly Standing Committee to draw up a preliminary list of candidates for the National Assembly election and send it to the residence places of such candidates for comments by voters."

15. The first and second paragraphs of Article 38 are amended and supplemented as follows:

"The second consultative conferences in the provinces and centrally-run cities shall be organized by the Standing Boards of the provincial/municipal Fatherland Front Committees within sixty days at most before the election day, the composition of the participants to conferences shall comply with the provisions in Article 31 of this Law.

The consultative conferences shall base itself on the criteria of the National Assembly deputies, the proportion, composition and number of deputies to be elected from local agencies, organizations and units under the first adjustment by the National Assembly Standing Committee to draw up a preliminary list of candidates for the National Assembly election and send it to the residence places of such candidates for voters’ comments; for independent candidates, comments shall be also collected from voters in their working places (if any)."

16. Article 41 is amended and supplemented as follows:

"Article 41.-

On the basis of the results of the second consultative conferences prescribed in Articles 37 and 38 of this Law, within fifty days at most before the election day, the National Assembly Standing Committee shall make the second adjustment of the proportion, composition and number of people of central and local agencies, organizations and units to be elected as National Assembly deputies."

17. The second paragraph of Article 42 is amended and supplemented as follows:

"The consultative conference shall base itself on the criteria of the National Assembly deputies, the proportion, composition and number of deputies to be elected from central agencies, organizations and units under the second adjustment by the National Assembly Standing Committee and the voters comments to select and draw up the official list of the National Assembly candidates."

18. The second paragraph of Article 43 is amended and supplemented as follows:

"The consultative conference shall base itself on the criteria of the National Assembly deputies, the proportion, composition and number of deputies to be elected from local agencies, organizations and units under the second adjustment by the National Assembly Standing Committee and the voters’ comments to select and draw up the official list of the National Assembly candidates."

19. Article 49 is added with Clause 3 and Clause 4 as follows:

"3. Anonymous denunciations shall not be considered and handled.

4. The Election Council shall hand over all dossiers of unsettled complaints and denunciations to the Standing Committee of the National Assembly of new legislature, for settlement according to its competence."

20. The second paragraph of Article 54 is amended and supplemented as follows:

"The election day shall be a Sunday to be fixed by the National Assembly Standing Committee and announced within one hundred and five days at most before the election day."

Article 2.-

1. This Law takes effect after its promulgation.

2. The National Assembly Standing Committee, the Government, and the Vietnam Fatherland Front Central Committee shall guide the implementation of this Law.

This Law was passed by the Xth National Assembly of the Socialist Republic of Vietnam on December 25, 2001 at its 10th session.