Nghị định 81-CP

DECREE

PROVIDING DETAILS FOR THE IMPLEMENTATION OF THE LAW ON THE ELECTIONS TO THE PEOPLE'S COUNCIL (AMENDED)

THE GOVERNMENT

Pursuant to the Law on Organization of the Government on the 30th of September, 1992;
Pursuant to Article 70 of the Law on the Elections to the People's Councils (amended) on the 21st of June, 1994, this Decree provides details for the implementation of the Law on the Elections to the People's Councils (amended)

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- It is necessary to firmly grasp the four fundamental principles of election, i.e. universal, equal, direct and secret balloting, which are the basis to guarantee the democratic rights and equality of all citizens of the Socialist Republic of Vietnam in each election to the People's Council at all echelons.

Article 2.- All citizens of the Socialist Republic of Vietnam irrespective of nationality, sex, social condition, religious belief and professional level who have reached 18 years of age and upward are eligible to vote, and if they have reached 21 years of age and upward, are eligible to stand for election to the People's Council. The voting and candidature ages are calculated as defined in Article 2 of the Law. Up to the 20th of November 1994 all citizens having reached 18 years of age are eligible to vote and those having reached 21 years old age upward are eligible to stand for election, each year being made up of one year of age or 365 days.

Article 3.- Citizens may use their right to vote or stand for election to the People's Council irrespective of their period of residence, but the election to the People's Council at all echelons must observe the following regulations:

a/ In the election to the People's Council at commune, ward and township level, he/she must be a permanent resident having his/her interests attached to the locality; if he/she has newly moved to the locality, he/she must have completed the residence registration procedures or has a presentation paper for residence and living in the locality.

b/ In the election to the People's Council at the district and equivalent echelon, if the citizen changes his/her residence within the boundary of the district, he/she is eligible to vote or stand for election to the People's Council irrespective of the period of residence. If he/she moves to another district he/she must have an official resettlement permit. If the displacement is only for a family visit, he/she must return to the district of residence to cast the vote.

c/ In the election to the People's Council at the provincial level, the time of residence is not a requirement for a voter or candidate in the same province. Those coming from outside the province must have an official residence permit. Those on visit for a given period must return to their places of official residence to vote.

d/ With regard to mobile units of the People's Army which have to move from one locality to another in the accomplishment of their mission, they may take part in the elections to the People's Council of the district or province as prescribed by the Ministry of Defense, depending on concrete circumstances.

Article 4.- It is necessary to firmly grasp the criteria of a deputy to the People's Council in order to select capable and virtuous persons as one's representatives at the People's Council. This is the foremost and key requirement from any voter in the election to the People's Council. Although both the criteria of the deputies and the rational composition of the Council are necessary, considerations for either of them should not prevail upon considerations for the other.

Chapter II

NUMBER OF PEOPLE'S COUNCILS, ELECTION UNITS AND POLLING AREAS

Article 5.- The number of deputies to the People's Council at various levels shall be calculated according to the following principles:

a/ The number of population in the locality announced by the Central Statistical Bureau by December 1993 shall be used as the common basis for the whole country.

b/ Once the number of population in the province, district and commune has been determined, the number of deputies to the People's Councils of the provincial, district and commune levels shall be calculated as prescribed by Article 9 of the Electoral Law.

Article 6.- Determination of number of election units at the election level:

a/ In the election to the People's Council at provincial level, the election unit is formed by a district or an interdistrict.

b/ In the election to the People's Council at the district level, the election unit is formed by a commune or an intercommune.

c/ In the election to the People's Concil at commune level, the election unit is formed by a village, hamlet or intervillage or interhamlet.

The number of election units and the number of deputies to be elected at each unit for a level of People's Council shall be based on the average number of population each deputy to the People's Council shall represent.

Article 7.- Delimitation of the polling area.

The delimitation of polling areas shall be based on the living and residential conditions of the population, the geographical conditions and organizational capacity of the locality and on the criteria set by the Law. While delimitating the polling area, it is forbidden to divide the villages, hamlets or street-quarter groups. In case a village or a hamlet must be divided into two polling areas due to too dense a population, there must be clear geographical demarcation so that the voters could easily recognize their polling area.

Chapter III

ELECTORAL ORGANIZATIONS

Article 8.- The organizations in charge of the elections to the People's Council comprise: the Election Council, the Election Committee and the Election Team.

The Election Council is set up in the provinces, districts, communes and equivalent administration units.

Each election unit shall set up an Election Committee.

Each polling area shall set up an Election Team.

If the elections to the People's Councils at many levels are held on the same day and if the election unit of the provincial People's Council is a district, the Election Council of the district People's Council shall be also the Election Committee of the provincial People's Council. If the election unit of the district People's Council is a commune, the commune Election Council shall be also the Election Committee of the district People's Council.

Article 9.- After publicizing the election day, the People's Committee at various levels shall discuss with the Standing Committee of the provincial and district People's Council, with the Chairmen of the commune People's Council and with the Fatherland Front Committee of the same level in order to set up at an early date the electoral organizations as prescribed by law.

Article 10.- The electoral organizations must study and firmly grasp the Election Law and the documents guiding the implementation of the Law. They must work out their own programs and plans to discharge their tasks and powers. The People's Committee at all levels must create favorable conditions for these organizations to accomplish their tasks. The members of these organizations must be citizens enjoying the confidence of the people, they must be trained and given concrete instructions on different tasks in the election work.

Chapter IV

DRAWING UP THE LIST OF ELECTORS

Article 11.- Drawing up the list of electors is a step of important political significance to certify the voting right of each citizen. The administration at the grassroots level responsible for the drawing up of the list of electors must do it scrupulously and carefully in order not to leave out anyone which who has no right to vote in the list as prescribed by Resolution No. 590-NQ/HDND8 on the 27th of May 1992 of the Council of State (now the Standing Committee of the National Assembly) concerning disfranchised citizens and the guiding Circular of the Ministry of Public Health No. 8-TT/BYT on the 20th of March 1981 on the competence in determining insane citizens who are not allowed to take part in the elections.

Article 12.- Thirty days at the latest before election day, the list of electors must be posted up at the office of the People's Committee of the commune, ward or township and a public place in the polling area. Appropriate means of information in the locality should be used to inform all electors of who have the voting right and who have not.

The settlement of complaints about the voting right shall comply with Article 25 of the Law on the Elections to the People's Council.

Chapter V

DRAWING UP THE LIST OF CANDIDATES

Article 13.- The drawing up of the list of candidates as defined in Chapter V of the Law devolves on the Fatherland Front Committee at all levels which has the responsibility to do this job within the scheduled time and in a really democratic manner without coercion or command. This process comprises concrete jobs to be done under the guidance of the Central Committee of the Vietnam Fatherland Front.

The administration at all levels has the responsibility to help the Fatherland Front Committee at various levels to conduct efficient consultations for the nomination of the candidates to the elections to the People's Council.

Article 14.- After making public the list of candidates, the local administration should coordinate with the Fatherland Front Committee and its member organizations at various levels in arranging contacts between candidates and voters in the election unit. Candidates may answer questions of voters and present their projects they intend to carry out if elected to the People's Council. Candidates are entitled to campaign for themselves mass and social organizations may campaign for their candidates according to prescriptions of law.

Chapter VI

ELECTORAL ORDER AND ELECTION RESULTS

Article 15.- Polling time shall last from 7.00 hrs to 19.00 hrs of the same day as stipulated in Article 39 of the Law. Depending on the local situation the Law allows the polling in some localities to begin earlier and close later than the prescribed time but it shall be in no case begin before 5.00 hrs and close after 20.00 hrs of the same day.

Article 16.- The polling station must be arranged in a dignified manner and ensure the necessary conditions for orderly, secret and direct balloting.

Article 17.- The announcement of the election results shall include the number of elected, the number and rate of the votes for each candidate in the total of valid votes at the election unit.

Article 18.- After the ballot count, if the number of voters taking part in the election does not exceed half of the registered number, or if the election unit seriously violates the Election Law and the Standing Committee of the National Assembly decides to annul its election results, then re-election shall be held at this unit as stipulated by the Law.

At the election units where the number of elected candidates is less than two thirds of the prescribed number, supplementary election shall be held for the vacant seats.

Article 19.- Reviewing the election

After receiving and checking the report on the election sent by the election committee, the Election Council shall make a round-up report on the election and announce the election results as prescribed by the Law to all voters through every information means commonly used in the locality.

Chapter VII

SUPPLEMENTARY ELECTIONS TO THE PEOPLE'S COUNCIL

Article 20.- The supplementary elections to the People's Council at various levels must be organized in strict conformity with the prescriptions of the Law on Election to the People's Council.

Whether or not to organize supplementary elections to the People's Council where vacancies are reported depends on the concrete situation and characteristics of each locality and each echelon. Not all the election units where vacancies are reported must necessarily conduct supplementary elections. This is aimed at reducing the cost in material and manpower for the people and the State.

Chapter VIII

HANDLING OF ACTS OF VIOLATION OF THE ELECTION LAW

Article 21.- Law breaking acts might take place at any election. That is why, to ensure the success and complete safety for the election and also to preserve discipline and law and enhance socialist legislation in the country, the administration at all levels and the law enforcement agencies must discharge well their functions and responsibilities in the strict and unbiased handling of the acts of violation of the election law by any citizens, any members in the electoral organizations and any public servants and State officials as stipulated by Article 67 and Article 68 of the Law on the Elections to the People's Council at all levels.

Chapter IX

IMPLEMENTATION PROVISIONS

Article 22.- The Minister-Chairman of the Government Commission on Organization and Personnel shall direct the implementation of this Decree and has the responsibility to help the Government to coordinate with the related offices at the Center in organizing the elections to the People's Council at all levels for the 1994-1999 tenure and other elections to the People's Councils in full observance of democracy, safety and thrift.

Article 23.- The Minister-Director of the Office of the Government, the other ministers and the heads of the ministerial level agencies, the heads of the agencies attached to the Government, the presidents of the People's Committees of provinces and cities directly under the Central Government are responsible for the implementation of this Decree.

Article 24.- This Decree takes effect on the date of its signing and applies to the elections to the People's Council at all levels. The earlier regulations which are contrary to this Decree are now annulled.