Chương IX Luật Bầu cử đại biểu Quốc hội và đại biểu Hội đồng nhân dân 2015: Bầu cử bổ sung đại biểu Quốc Hội, đại biểu Hội đồng Nhân Dân

Chapter IX

BY-ELECTION OF NATIONAL ASSEMBLY DEPUTIES AND PEOPLE’S COUNCIL DEPUTIES

Article 89. By-election

1. During a National Assembly’s term, a by-election shall only be held if the remaining term of the National Assembly is more than 02 years and there are at least 10% vacancies out of total National Assembly deputies elected at the early term.

2. During a People’s Council’s term, a by-election shall only be held if the remaining term of the People’s Council is more than 18 months and one of the following conditions is satisfied:

a) There are at least 1/3 vacancies of the total People’s Council deputies elected at the early term;

b) A new administrative unit established by consolidating, dividing or adjusting boundaries of the existing administrative units that have less than 2/3 of total elected deputies as prescribed in Law on organization of local governments.

3. The National Assembly shall decide and announce the by-election day of National Assembly deputies; Standing Committee of the National Assembly shall decide and announce the by-election day of People’s Council deputies of provinces; the Standing board of provincial People’s Councils shall decide and announce the by-election day of National Assembly deputies of districts and commune.

4. The by-election day must be a Sunday and announced within 30 days before the polling day.

Article 90. Organizations in charge of by-election

1. The National Assembly shall establish a By-election Council to organize by-election of National Assembly deputies. The By-election Council shall be composed of between five and seven members namely President, Deputy President and members who are representatives of Standing committee of the National Assembly, the Government, Central Committee of Vietnamese Fatherland Front and relevant agencies.

Within 20 days before the by-election day, People's Committees of the concerned province shall, with the consent of the Standing board of People’s Council and the Standing board of Vietnamese Fatherland Front Committee at the same administrative level, decide to establish a By-election Board of National Assembly deputies. The By-election Board shall be composed of between three and five members namely Head, Deputy Head and members who are representatives of local governments and the Vietnamese Fatherland Front Committee.

2. Not later than 20 days before the by-election day, the People’s Committee of the concerned province shall, after consulting the Standing Board of the People’s Council and the Standing Board of the Fatherland Front Committee at the same administrative level, decide to set up a By-election Commission, and not later than 15 days before the by-election day, the People’s Committee of the concerned province shall decide to set up a By-election Board. Each By-election Commission shall be composed of between three and five persons, namely President, Deputy President and members. Each of By-election Board shall be composed of between three and five persons, namely Head, Deputy Head, a Secretary and other members who are representatives from regulatory agencies, political organizations, socio-political organizations and social organizations.

3. Within 15 days before the by-election day, People's Committees of the concerned commune shall, with the consent of the Standing board of People’s Council and the Standing board of Vietnamese Fatherland Front Committee at the same administrative level, decide to establish a By-election Team in each polling station, which be composed of between nine and eleven persons, namely Leader, Secretary and other members who are representatives from regulatory agencies, political organizations, socio-political organizations, social organizations and electors in such commune.

4. Tasks and powers of By-election Council, By-election Commissions, By-election Boards, and By-election Team shall comply with this Law.

Article 91. Electoral registers in by-election

The electoral registers in by-election shall be drawn up by People’s Committees of communes as prescribed in Chapter IV of this Law and announced within 15 days before the by-election day.

Article 92. Candidacy, consultation, nomination of candidates to by-election

1. The candidacy and candidacy dossier on National Assembly deputies or People’s Council deputies in by-election shall comply with Section 1 Chapter V of this Law.

Every citizen standing for National Assembly deputies or People’s Council deputies in by-election must apply for candidacy within 18 days before the by-election day.

2. The consultation and nomination of candidates, drawing up list of candidates for National Assembly deputies and People’s Council deputies in by-election shall comply with regulations of Standing Committee of the National Assembly and they shall be completed within 12 days before the by-election day.

3. The official list of candidates for National Assembly deputies or People’s Council deputies shall be announced within 10 days before the by-election day.

Article 93. Procedures for by-election and determination of by-election results

Methods for casting the ballots, procedures for by-election and determination of by-election results shall comply with Chapter VII and Chapter VIII of this Law.

Article 94. Complaints, denunciations and petitions in by-election

Complaints, denunciations and petitions in by-election and settlement of complaints, denunciations and petitions shall comply with this Law.