Chương VIII Luật Bầu cử đại biểu Quốc hội và đại biểu Hội đồng nhân dân 2015: Kết quả bầu cử

Chapter VIII

ELECTION RESULTS

Section 1. VOTE COUNT

Article 73. Vote count

The counting of votes must be conducted in the polling booth 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 invite two electors who are not candidates to witness the vote count.

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

Article 74. Invalid votes

1. The following votes shall be invalid:

a) Votes made on ballots which are not in the prescribed form distributed by the Election Team;

b) Votes made on ballots which do not bear the seal of the Election Team;

c) Votes which elect more candidates than the designated number of deputies to be elected in the constituency;

d) Votes which cross out all the names of candidates;

dd) Votes which elect persons outside the list of candidates or add other contents.

2. 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 75. Complaints or denunciations of counting

On-the-spot complaints about violations against regulations of law on 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 76. Reports on the vote counting result

1. After counting the votes, the Election Team shall make following reports:

a) Reports on the vote counting result of election of National Assembly deputies at the polling stations;

b) Reports on the vote counting result of election of People’s Council deputies of provinces at the polling stations;

c) Reports on the vote counting result of election of People’s Council deputies of districts at the polling stations;

d) Reports on the vote counting result of election of People’s Council deputies of communes at the polling stations.

2. Each report must clearly state:

a) The total number of electors of the polling station;

b) The number of electors who have cast their votes;

c) The number of distributed votes;

d) The number of collected votes;

dd) The number of valid votes;

e) The number of invalid votes;

g) The number of votes for each candidate;

h) The complaints or denunciations received; the complaints or denunciations already settled and settlement results, complaints or denunciations referred to the Election Board.

3. Each report prescribed in Clause 1 of this Article shall be made in three copies, each affixed with the signatures of the Head and the Secretary of the Election Team and two electors who have been invited to witness the vote count. Not later than three days after the polling day, the report shall be sent to the Election Board and the People’s Committee, the Standing Board of the Fatherland Front Committee of the commune.

Section 2. ELECTION RESULT AT THE CONSTITUENCY

Article 77. Reports on election returns in the constituencies

1. After receiving the reports on the results of the vote counts from the Election Teams and settle complaints or denunciations (if any), the Election Board shall draw up a report on election returns in its constituency.

2. The report on election returns shall clearly state:

a) The number of National Assembly and People’s Council deputies determined for each constituency;

b) The number of candidates;

c) The total number of electors in the constituency;

d) The number of electors who cast their votes; the percentage of electors who cast their ballots against the total number of electors;

dd) The number of distributed votes;

e) The number of collected votes;

g) The number of valid votes;

h) The number of invalid votes;

i) The number of votes for each candidate;

k) The list of elected candidates;

l) The complaints or denunciations settled by the Election Teams; complaints or denunciations settled by the Election Board; and complaints or denunciations referred to the Election Commission and the National Election Commission.

3. The report on election returns of the National Assembly deputies in the constituency shall be made in three copies, each affixed with the signatures of the Head, Deputy Heads and the Secretary of the Board. Not later than 5 days after the polling day, it shall be sent to the National Election Commission, the Election Commission of the province, and the Standing Board of Vietnamese Fatherland Front Committee of the province.

4. The report on election returns of the People’s Council deputies in the constituency shall be made in four copies, each affixed with the signatures of the Head, Deputy Heads and the Secretary of the Board. Not later than 5 days after the polling day, it shall be sent to the Election Commission, Standing board of People’s Council, People’s Committee and the Standing Board of Vietnamese Fatherland Front Committee at the same administrative level.

Article 78. Rules for determining elected candidates

1. The election result shall be determined according to the valid votes and only be accepted if there more than half of the total electors mentioned in the list of electors in the constituency cast their votes, excluding cases prescribed in Clause 4 Article 80 of this Law.

2. The elected candidates must be those who poll more than half of the valid votes.

3. In cases where the number of candidates who poll more than half of the valid votes is greater than the number of designated deputies in the constituency, the candidates poll more votes than others shall be elected.

4. In cases where there are more than one candidate polling the same number of votes at the end of the list of elected candidates and the number of elected candidates is greater than the number of designated deputies in the constituency, the eldest shall be elected.

Section 3. ADDITIONAL ELECTION, RE-ELECTION

Article 79. Additional election

1. If, in the first election, the number of elected National Assembly candidates is less than that designated for the constituency, the Election Board of which must clearly state it in an report on election returns and promptly report it to the Election Commission of province which shall request the National Election Commission to consider and decide on an additional election in such constituency.

2. If, in the first election, the number of elected National Assembly candidates is less than two-third that designated for the constituency, the Election Board of which must clearly state it in an report on election returns and promptly report it to the Election Commission at the same administrative level to decide on an additional election in such constituency.

3. In case of an additional election, the polling day shall be not later than 15 days after the first polling day. In the additional election, electors 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 smaller than the designated number, there shall not be the second additional election.

Article 80. Re-election

1. If, in a constituency, the number of poll-goers is not more than half of the number of electors registered in the electoral register, the Election Board shall clearly state it in a report and immediately report it to the Election Commission to decide a re-election in such constituency.

2. Regarding election of deputies to the National Assembly, the Election Commission of province shall request National Election Commission to consider and decide a re-election in the constituency which the number of poll-goers is not more than half of the number of electors registered in the electoral register.

3. Regarding election of deputies to the People’s Council, the Election Commission decide the re-election day in the constituency which the number of poll-goers is not more than half of the number of electors registered in the electoral register with the consent of National Election Commission.

4. In case of a re-election, the polling day shall be not later than 15 days after the first polling day. In the re-election, electors 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 and the election result shall be accepted, no re-election shall be held for the second time.

Article 81. Cancellation of election result and decision on re-election

1. The National Election Commission shall cancel 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 polling station or constituency where there have been serious violations of law and decide the re-election day in such polling station or constituency.

2. In case of a re-election, the polling day shall be not later than 15 days after the first polling day. In the re-election, electors shall only choose from those on the list of the first election candidates.

Article 82. Electoral register of the additional election or re-election

The Electoral register of the additional election or re-election shall be drawn up according to the Electoral register of the first election and in accordance with this Law.

Section 4. SUMMING UP OF THE ELECTION

Article 83. Reports on election returns of National Assembly deputies of provinces

1. After receiving and checking the reports on election returns of National Assembly deputies from Election Boards and the settlement of complaints (if any), the Election Commission shall make a report on election returns in the province.

2. A report on election returns of National Assembly deputies of province must clearly state:

a) The number of constituencies;

b) The number of candidates;

c) The total number of electors in the province;

d) The number of electors who have cast their votes; the percentage of electors who have cast their ballots against the total number of electors;

dd) The number of valid votes;

e) The number of invalid votes;

g) The number of votes for each candidate;

h) The list of elected candidates in each constituency;

i) The complaints and denunciations already settled by the Election Teams and Election Boards;

k) The important incidents and solutions thereto;

l) The complaints and denunciations already settled by the Election Commission of the province;

m) The complaints, denunciations and petitions referred to National Election Commission.

3. The report on election returns of National Assembly deputies of the province shall be made in four copies, each affixed with the signatures of the Chairman and the Secretary of the Election Commission. Not later than 07 days after the polling day, the report shall be sent to National Election Commission, the Standing Committee of the National Assembly, the Central Committee of the Vietnam Fatherland Front, and the Fatherland Front Committee of the province.

Article 84. Closing report on the election of National Assembly deputies

1. After receiving and checking the Election Boards’ and the Election Commissions’ reports on election returns and the settlement of complaints and denunciations (if any), National Election Commission shall make a closing report on the election of National Assembly deputies nationwide.

2. The report must clearly state:

a) The total number of the elected National Assembly deputies;

b) The total number of candidates;

c) The total number of electors;

d) The total number of electors who have cast their votes; the percentage of electors who have cast their ballots against the total number of electors nationwide;

dd) The number of valid votes;

e) The number of invalid votes;

g) The number of votes for each candidate;

h) The list of elected candidates in each constituency;

i) The important incidents and solutions thereto;

k) The complaints and denunciations settled by National Election Commission.

3. The report shall be made in five copies, each affixed with the signatures of the Chairman, Deputy Chairmans of National Election Commission. 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 and one copy shall be submitted to the National Assembly new legislature.

Article 85. Closing report on the election of People’s Council deputies

1. After receiving and checking the Election Boards’ reports on election returns and the settlement of complaints and denunciations (if any), the Election Commission shall make a closing report on the election of People’s Council deputies under their responsibility.

2. The report must clearly state:

a) The total number of the elected People’s Council deputies;

b) The total number of candidates;

c) The total number of electors in administrative divisions;

d) The total number of electors who have cast their votes; the percentage of electors who have cast their ballots against the total number of electors in administrative divisions;

dd) The number of valid votes;

e) The number of invalid votes;

g) The number of votes for each candidate;

h) The list of elected candidates in each constituency;

i) The important incidents and solutions thereto;

k) The complaints and denunciations settled by the Election Commission.

3. The report shall be made in six copies, each affixed with the signatures of the Chairman, Deputy Chairmans of the Election Commission. Each copy of the closing report on election of People’s Council deputies of the district or commune shall be sent to the People’s Council, the People’s Committee, and Vietnamese Fatherland Front Committee at the same or superior administrative level. Each copy of the closing report on election of People’s Council deputies of the province shall be sent to the People’s Council, the People’s Committee, and Vietnamese Fatherland Front Committee at the same administrative level, Standing committee of the National, the Government and Central Committee of Vietnamese Fatherland Front.

Article 86. Announcement of election result and list of elected candidates

1. Not later than 20 days after the polling day, National Election Commission shall announce the election result and list of elected National Assembly deputies according to the closing reports nationwide.

2. Not later than 10 days after the polling day, the Election Commission shall announce the election result and list of elected People’s Council deputies at their administrative level according to the closing reports.

Article 87. Settlement of complaints about the election returns

1. All complaints about the election returns of National Assembly deputies must be sent to the National Election Commission within 05 days from the date on which the election returns are announced.

All complaints about the election returns of People’s Council deputies must be sent to the Election Commission within 05 days from the date on which the election returns are announced.

2. National Election Commission shall consider and settle complaints about election returns of National Assembly deputies within 30 days from the date on which the complaints are received.

The Election Commission shall consider and settle complaints about election returns of People’s Council deputies within 20 days from the date on which the complaints are received.

3. The decisions on the settlement of the complaints of National Election Commission and Election Commissions shall be the final decisions.

Article 88. Certifying status of elected National Assembly and People’s Council deputies

1. According to the closing report of election of National Assembly deputies, settlement results of complaints and denunciations related to elected National Assembly deputies, National Election Commission shall certify status of elected National Assembly deputies, issue Certificates of National Assembly deputies of new legislature to the elected deputies and send report on certification results of National Assembly deputies’ status to the new National Assembly in the first session.

2. According to the closing report of election of People’s Council deputies, settlement results of complaints and denunciations related to elected People’s Council deputies, the Election Commission shall certify status of elected People’s Council deputies, issue Certificates of People’s Council deputies of new legislature to the elected deputies and send report on certification results of People’s Council deputies’ status to the new People’s Council in the first session.