Chương III Luật Bầu cử đại biểu Quốc hội và đại biểu Hội đồng nhân dân 2015: Hội đồng bầu cử quốc gia và các tổ chức phụ trách bầu cử ở địa phương

Chapter III

NATIONAL ELECTION COMMISSION AND ELECTORAL ORGANIZATIONS IN LOCAL GOVERNMENTS

Section 1. NATIONAL ELECTION COMMISSION

Article 12. Organizational structure of National Election Commission

1. National Election Commission shall be established by the National Assembly and composed of between fifteen and twenty one persons namely President, Deputy Presidents and members who are representatives of Standing Committee of the National Assembly, the Government, Central Commission of Vietnamese Fatherland Front and relevant agencies or organizations.

2. The President of National Election Commission shall be elected or discharged at the request of Standing Committee of the National Assembly. Deputy Presidents and members of National Election Commission shall be ratified by the National Assembly at the request of the President of National Election Committee.

3. National Election Commission shall establish Teams that help National Election Committee to perform their tasks and powers in each field.

Article 13. Rules for operation of National Election Commission

National Election Commission shall work collectively under the majority rule. A meeting of National Election Commission shall be held when it is attended by at least 2/3 of members; a decision is ratified when it is voted for by more than half of the participating members.

National Election Commission shall take responsibility to the National Assembly and send reports on their operation to the National Assembly and Standing Committee of the National Assembly.

Article 14. General tasks and powers of National Election Commission

1. Hold election of deputies to the National Assembly.

2. Direct and give instructions in election of deputies to People’s Councils.

3. Direct the communications, propagation and election campaigns.

4. Direct activities in terms of security, order, social safety in the election.

5. Inspect and expedite the implementation of law on election.

6. Promulgate forms of candidacy dossiers, elector’s cards, ballot papers, internal regulations on polling booths, and other forms used in the election.

Article 15. Tasks and powers of National Election Commission in election of deputies to the National Assembly

1. Define and announce the number of constituencies of National Assembly deputies, the list of constituencies and the number of candidates for National Assembly deputies in each constituency.

2. Receive and consider candidacy dossiers on National Assembly candidates nominated by central political organizations, social-political organizations, social organizations, people’s armed forces, regulatory agencies; receive candidacy dossiers and lists of National Assembly candidates sent by Election Commissions of provinces.

3. Send list of résumés, copies of brief biography and income and asset declaration of National Assembly candidates nominated by central political organizations, socio-political organizations, social organizations, People’s armed forces, regulatory agencies to Standing board of Central committee of Vietnamese Fatherland Front for consultations. Nominate and send candidacy dossiers on National Assembly candidates nominated by the Presidium of Central Commission of Vietnamese Fatherland Front to stand for election in provinces.

4. Formulate and announce official lists of National Assembly candidates in each constituency; cross out names of candidates from the official lists of National Assembly candidates.

5. Receive and inspect reports on election returns of Election Commissions of provinces, Election Boards; and make closing reports on election of deputies to the National Assembly nationwide.

6. Decide additional election and re-election of National Assembly deputies or cancel election results and decide the re-election day in the polling stations, constituencies of National Assembly deputies having serious violations against regulations of law.

7. Certify and announce results of election of deputies to the National Assembly nationwide; certify status of elected National Assembly deputies.

8. Submit closing reports on the election nationwide and certification results of status of elected National Assembly deputies to the new National Assembly.

9. Settle complaints and denunciations of activities in terms of election of deputies to the National Assembly; transfer documents, complaints and denunciations in relation to elected National Assembly deputies to Standing Committee of the National Assembly.

10. Manage and allocate election funding to National Assembly deputies.

Article 16. Tasks and powers of National Election Commission pertaining to direction and guidance on activities in terms of election of deputies to the People’s Councils

1. Direct and give instructions in implementation of regulations of law on election of deputies to People’s Councils.

2. Give instructions in operation of electoral organizations of deputies to People’s Councils.

3. Inspect the organization of election of deputies to the People’s Councils.

4. Cancel election results and decide the re-election day in the polling stations, constituencies of National Assembly deputies having serious violations against regulations of law.

Article 17. Tasks and powers of the President, the Deputy Presidents and members of National Election Commission

1. The President of National Election Commission shall take responsibility to the National Assembly for operation of National Election Commission and perform following tasks and powers:

a) Submit list of Deputy Presidents and members of National Election Commission to the National Assembly for ratification;

b) Convene and preside over meetings of National Election Commission;

c) Direct and manage operation of National Election Commission;

d) Keep contact with members of National Election Commission;

dd) Represent National Election Commission in relationships with other agencies or organizations;

e) Perform other tasks and powers assigned by National Election Commission.

2. The Deputy Presidents and members of National Election Commission shall perform other tasks and powers assigned by National Election Commission and take responsibility to National Election Commission for their operation.

3. When the President of National Election Commission is absent, one of the Deputy Presidents shall be perform tasks and powers on behalf of the President of National Election Commission.

Article 18. Working relationship of National Election Commission

1. National Election Commission shall cooperate with Standing Committee of the National Assembly in supervision and inspection of election of deputies to the National Assembly and People’s Councils.

2. National Election Commission shall cooperate with the Presidium of Central Commission of Vietnamese Fatherland Front in consultation and nomination for National Assembly candidates, guidance on consultation and nomination for People’s Council candidates and election campaign.

3. National Election Commission shall cooperate with Standing Committee of the National Assembly in supervision and inspection of election of deputies to the National Assembly and People’s Councils.

4. National Election Committee shall direct and provide instructions in election of deputies to the National Assembly and People’s Councils for electoral organizations nationwide.

Article 19. Assisting units and operating funding of National Election Commission

1. National Election Commission has assisting units promulgated by Standing Committee of the National Assembly.

2. National Election Commission is entitled to requisition officials and civil servants of regulatory agencies, political organizations and political organizations to assist National Election Commission.

3. The operating funding of National Election Commission shall be ensured by government budget.

Article 20. Time for task completion of National Election Commission

The tasks of National Election Commission shall be completed after it submitted the closing report on the general election and certification results of status of elected National Assembly deputies to the new National Assembly and transferred the closing report and documents on election of deputies to the National Assembly to the new Standing Committee of the National Assembly.

Section 2. LOCAL ELECTORAL ORGANIZATIONS

Article 21. Local electoral organizations

Local electoral organizations shall consist of:

1. Election Commissions of provinces, districts, and communes (hereinafter referred to as the Election Commissions).

2. Election Boards of National Assembly deputies, Election Boards of People’s Council deputies of provinces, districts, and communes (hereinafter referred to as the Election Boards).

3. Election Teams.

Article 22. Establishment, proportion and composition of the Election Commissions

1. Within 105 days before the polling day, each People’s Committee of province shall, with the consent of the Standing body of People’s Council and the Standing Committee of Vietnamese Fatherland Front of the province, decide the establishment of the Election Commission of province to carry out election of deputies to the National Assembly and People’s Council of province.

Each Election Commission of province shall consist of between twenty one and thirty one members namely President, Deputy Presidents and members who are representatives of Standing body of People’s Council, People’s Committee and Vietnamese Fatherland Front of province and relevant agencies and organizations.

The list of Election Commissions of the province shall be sent to National Election Commission, Standing Committee of the National Assembly, the Government, and Standing board of Central committee of Vietnamese Fatherland Front.

2. Within 105 days before the polling day, each People’s Committee of district or commune shall, with the consent of the Standing body of People’s Council and the Standing Committee of Vietnamese Fatherland Front of the district or commune, decide the establishment of the Election Commission at the same administrative level to carry out election of deputies to the People’s Councils.

Each Election Commission of district shall consist of between eleven and fifteen members; each Election Commission of commune shall consist of between nine and eleven members. Members of each Election Commission of district or commune shall consist of President, Deputy Presidents and members who are representatives of Standing body of People’s Council, People’s Committee and Vietnamese Fatherland Front of the district or commune and relevant agencies and organizations.

The list of the Election Commission of each district or commune shall be sent to its superior Standing Committee of People’s Council, People’s Committee and Standing Committee of Vietnamese Fatherland Front.

Article 23. Tasks and powers of the Election Commission

1. With regard to election of deputies to the National Assembly, each Election Commission of province shall have following tasks and powers:

a) Direct the preparation and organization of election of deputies to the National Assembly in National Assembly constituencies of the province; inspect and expedite implementation of law on election of deputies to the National Assembly carried out by Election Boards and Election Teams of National Assembly deputies;

b) Direct the communications and propagation and election campaign of National Assembly deputies in the province;

c) Direct activities in terms of security, order, social safety in the election of National Assembly deputies in the province;

d) Receive and consider candidacy dossiers on National Assembly candidates nominated by political organizations, socio-political organizations, social organizations, People’s armed forces, regulatory agencies, public service providers, and business organizations in the province and candidacy dossiers on independent National Assembly candidates in the province; send list of résumés, copies of brief biography and income and asset declaration of nominated and independent National Assembly candidates to Standing Committee of Vietnamese Fatherland Front of the province for consultations; send documents and lists of National Assembly candidates in the province to National Election Commission;

dd) Make list of National Assembly candidates by constituencies and send reports to National Election Commission for decision;

e) Direct and inspect the formulating and posting of electoral register;

g) Receive documents, ballot papers of National Assembly deputies from People's Committees of provinces and distribute them to Election Boards of National Assembly deputies within 25 days before the polling day;

h) Settle complaints and denunciations of activities in terms of election of deputies to the National Assembly carried out by Election Boards and Election Teams of National Assembly deputies; complaints and denunciations of activities in terms of election of deputies to the National Assembly sent by Election Boards and Election Teams of National Assembly deputies; complaints and denunciations of National Assembly candidates;

i) Receive and inspect reports on election returns of National Assembly deputies sent by Election Boards of National Assembly deputies; make reports on election returns of National Assembly deputies in local governments;

k) Send reports on organization of election of deputies to the National Assembly at the request of National Election Commission;

l) Transfer documents and reports on election returns of National Assembly deputies to National Election Commission;

m) Hold additional election and re-election of deputies to the National Assembly at the decision of National Election Commission;

2. With regard to election of deputies to People’s Councils, each Election Commission shall have following tasks and powers:

a) Direct the election of deputies to the People’s Council at the same administrative level; inspect and expedite implementation of regulations of law on election of deputies to the People’s Councils;

b) Manage and allocate election funding to People’s Council deputies at the same administrative level;

c) Direct the communications and propagation and election campaign of National Assembly deputies at the same administrative level;

d) Direct activities in terms of security, order, social safety in election of deputies to the People’s Councils at the same administrative level;

dd) Define and announce number of constituencies, list of constituencies and number of candidates in each constituency of People’s Council deputies at the same administrative level;

e) Receive and consider candidacy dossiers on People’s Council candidates nominated by political organizations, socio-political organizations, social organizations, People’s armed forces, regulatory agencies, public service providers, and business organizations, villages and candidacy dossiers of independent People’s Council candidates at the same administrative level; send list of résumés, copies of brief biography and income and asset declaration of nominated and independent People’s Council candidates to Standing Committee of Vietnamese Fatherland Front at the same administrative level for consultations;

g) Make and announce official list of People’s Council candidates at the same administrative level by each constituency of People’s Council deputies; cross out names of candidates from the officials list of People’s Council candidates at the same administrative level;

h) Receive documents, ballot papers of People’s Council deputies from the People's Committee at the same administrative level and distribute them to Election Boards within 25 days before the polling day;

i) Receive and inspect reports on election returns of People’s Council deputies at the same administrative level in each constituency sent by Election Boards; and make reports on election returns of People’s Council deputies at the same administrative level;

k) Hold additional election and re-election of deputies to the People’s Council as prescribed in Articles 79, 80, 81 and 82 of this Law;

l) Certify and announce results of election of deputies to the People’s Councils; and certify status of elected People’s Council deputies;

m) Submit closing reports on election returns of People’s Council deputies and certification results of status of elected People’s Council deputies at the same administrative level to the new People’s Council;

n) Settle complaints and denunciations of activities in terms of election of deputies to the People’s Council carried out by Election Boards and Election Teams of People’s Council deputies; complaints and denunciations of activities in terms of election of deputies to the People’s Council sent by Election Boards and Election Teams of People’s Council deputies; complaints and denunciations of National Assembly candidates; and list of candidates of People’s Council deputies at the same administrative level;

o) Transfer closing reports and documents on election of People’s Council deputies to Standing board of the new People’s Council at the same administrative level;

Article 24. Election Boards

1. Within 70 days before the polling day, with the consent of the Standing body of People’s Council and the Standing Committee of Vietnamese Fatherland Front at the same administrative level, each People’s Committee of province shall decide the establishment of Election Boards, each constituency of the province shall have one Election Board. Each Election Board shall consist of between nine and fifteen members namely Head of board, Deputy Heads of board and members who are representatives of Standing body of the People’s Council, the People’s Council, and the Central Commission of Vietnamese Fatherland Front at the same administrative level and relevant agencies or organizations.

2. Within 70 days before the polling day, each People’s Committee of province, district or commune shall, with the consent of the Standing body of People’s Council and the Standing board of Central committee of Vietnamese Fatherland Front at the same administrative level, decide the establishment of Election Boards. Each Election Board of People's Council deputies shall be established in a constituency at the same administrative level and composed of representatives of regulatory agencies, political organizations, socio-political organizations, and social organizations. Each Election Board of People’s Council deputies of commune shall also have representatives of electors in the commune.

Each Election Board of People's Council deputies of province shall have between eleven and thirteen persons. Each Election Board of People's Council deputies of district shall have between nine and eleven persons. Each Election Board of People's Council deputies of commune shall have between seven and nine persons. Each Election Board shall be composed of Head of board, Deputy Heads of boards and members.

3. Tasks and powers of each Election Board:

a) Inspect and expedite implementation of regulations of law on election carried out by Election Teams of the constituency;

b) Inspect and expedite the formulating and posting of electoral registers and list of candidates at Election Teams of the constituency;

c) Direct, inspect and expedite the arrangement of polling booths and the election activities in polling booths;

d) Receive and distribute documents and ballot papers to Election Teams within 15 days before the polling day;

dd) Receive, synthesize and inspect reports on election returns sent by Election Teams; and make reports on election returns of the constituency;

e) Settle complaints and denunciations of activities in terms of election of deputies to the People’s Council carried out by Election Teams; complaints and denunciations of activities sent by Election Teams; receive and send complaints and denunciations of National Assembly candidates to the Election Commission of province; and receive and send complaints and denunciations of People’s Council candidates to the Election Commission at the same administrative level;

g) Send reports on organization of election at the instructions and request of National Election Commission and at the request of Election Commission at the same administrative level;

h) Transfer documents on election of deputies to the National Assembly to the Election Commission of province; and transfer documents on election of deputies to the People’s Councils to the Election Commission at the same administrative level;

i) Hold additional election or re-election (if any).

Article 25. Election Teams

1. Within 50 days before the polling day, each People’s Committee of commune shall, with the consent of the Standing body of People’s Council and the Standing board of Central committee of Vietnamese Fatherland Front of the commune, decide the establishment of Election Teams. Each Election Team shall be established in a polling station to carry out election of deputies to the National Assembly and People’s Councils. The Election Team shall consist of between eleven and twenty one persons namely Team leader, Secretary and members who are representatives of regulatory agencies, political organizations, socio-political organizations, social organizations, and representatives of electors in the commune.

With regard to districts having no commune or commune-level town, the People’s Committee of the district shall, with the consent of the Standing body of People’s Council and the Standing board of Central committee of Vietnamese Fatherland Front of the district, decide the establishment of Election Teams. Each Election Team shall be established in a polling station and composed of between eleven and twenty one members namely Team leader, Secretary and members who are representatives of regulatory agencies, political organizations, socio-political organizations, social organizations, and representatives of electors in the district.

Each people's armed unit, which shall have a separate polling station, which have an Election Team having between five and nine members namely Team leader, Secretary and members who are representatives of commander and soldiers in such people's armed unit.

In case any people's armed unit have the same polling station with the local government, with the consent of the Standing body of People’s Council and the Standing Committee of Vietnamese Fatherland Front at the same administrative level, the People’s Committee of commune and the commander of such people's armed unit shall decide the establishment of an Election Team, which consist of between eleven and twenty one members namely Team leader, Secretary and members who are representatives of regulatory agencies, political organizations, socio-political organizations, social organizations, representatives of electors in the local government, representatives of commander and soldiers in such people's armed unit.

2. Tasks and powers of each Election Team:

a) Take charge of election in the polling station;

b) Arrange polling booths and prepare ballot-boxes;

c) Receive documents and ballot paper from the Election Board; distribute electors’ cards and ballot papers stamped by the Election Team to electors;

d) Regularly inform electors of the polling day, polling booths and time for casting the ballots within 10 days before the polling day;

dd) Ensure the implementation of regulations of law on election and internal regulations on polling booths;

e) Settle complaints and denunciations of activities carried out by the Election Team as prescribed in this Article; receive and send complaints and denunciations of National Assembly candidates or People’s Council deputies and complaints and denunciations beyond the competence of the Election Team to the Election Commission at the same administrative level;

g) Counting and make reports on election returns, then send them to the Election Board at the same administrative level;

h) Transfer the reports on election returns and all ballot papers to the People’s Committee of commune upon the completion of the counting;

i) Send reports on organization of election as prescribed by superior organizations in charge of election;

k) Hold by-election in the polling station (if any).

Article 26. Rules for operation of local electoral organizations

1. Local electoral organizations shall work collectively under the majority rule. A meeting shall be held when it is attended by at least 2/3 of members; a decision is ratified when it is voted for by more than half of the participating members.

2. Competent agencies establishing electoral organizations have right to requisition officials and civil servants of regulatory agencies, socio-political organizations, social organizations, and public service providers to assist activities related to the election.

Article 27. Persons prohibited from participating in electoral organizations

Each candidate for National Assembly or People’s Council election is prohibited from participating in any Election Board or Election Team of the election constituency for which he/she stands. If above candidate is a member of an Election Board or an Election Team of the election constituency for which he/she stands, he/she is required have his/her name crossed out from the list of members of electoral organizations before the date on which the official list of candidates are announced. If the candidate fails to apply for crossing out his/her from the list of the candidates, the agency that make the decision on establishment of that Election Board or Election Team shall cross out his/her from the list of members of electoral organizations and replace with another member.

Article 28. Time for task completion of local electoral organizations

1. Every Election Commission of provinces, Election Board and Election Team of National Assembly deputies shall complete their tasks in terms of election of deputies to the National Assembly after National Election Commission closes of election of deputies to the National Assembly nationwide and announce the results of election of deputies to the National Assembly.

2. Every Election Commission shall complete their tasks in terms of election of deputies to the People’s Councils after the Election Commission submit closing reports on election of People’s Council deputies and documents on election to the first session of the new People’s Council at the same administrative level.

3. Every Election Board and Election Team of People’s Council deputies shall complete their tasks in terms of election of People’s Council deputies after the Election Commission closes reports on election and results of election of deputies to the People’s Councils.