----------------------------------------------------------- Document source: [Version: 15 August 1997] http://coombs.anu.edu.au/~vern/luat/luat.html AVSL, GPO Box 161; BELCONNEN, ACT 2616 Australia and Coombs Computing Unit, Australian Nat. Univ. ------------------------------------------------------------ Source: Hanoi NHAN DAN in Vietnamese 19 Apr 97 pp 2, 3 (FBIS Translation) Full text of the "Law on Election of National Assembly Deputies" Editor's note: On 17 April 1997, President of the State Le Duc Anh signed an order to promulgate the Law on Election of National Assembly Deputies, which was passed by the Ninth National Assembly at its 11th session on 15 April 1997. Following is the full text of this law. Based on the 1992 Constitution of the SRV, this law sets the regulations for the election of National Assembly deputies. Chapter I -- GENERALITIES Article 1: The election of deputies of the SRV National Assembly is conducted in accordance with the principle of universal, equal, direct, and secret balloting. Article 2: Citizens of the SRV, regardless of ethnic origin, sex, social component, faith, religion, educational level, occupation, and time of residence, if 18 years of age or more, have the right to vote, and if 21 years of age or more, have the right to run for election to the National Assembly in accordance with regulations set by law. Article 3: National Assembly deputies must satisfy the following criteria: 1. To be loyal to the fatherland and the SRV Constitution, to strive to achieve the renovation task for the purpose of industrializing and modernizing the country and making the people prosperous, the country strong, and society fair and civilized. 2. To have good qualities and morality, and to be thrift-minded, incorruptible, just and impartial, and exemplary in upholding the law; to firmly struggle against all signs of bureaucracy, arrogance, authoritarianism, corruption, and acts of violation of the law. 3. To have the capacity and energy to carry out the tasks of National Assembly deputies, to take part in making decisions on important issues of the country. 4. To maintain close contacts with the people, to listen to their opinions, to enjoy their trust. 5. To be under favorable conditions for taking part in National Assembly activities. Article 4: The National Assembly Standing Committee proclaims and presides over the election of National Assembly deputies and supervises the election of National Assembly deputies, to make sure that the election take place in a democratic manner and in compliance with the law. The government assumes leadership over the election in accordance with regulations set by law. Article 5: The Vietnam Fatherland Front organizes consultative meetings for selecting and recommending candidates running for election of National Assembly deputies and takes part in supervising the election of National Assembly deputies. Article 6: Standing committees of people's councils of provinces and municipalities subordinate to the central government and of people's councils of districts, precincts, cities, and municipalities subordinate to provinces; chairmen and vice chairmen of village, ward, and town people's councils; and people's committees of all levels, within their duties and powers, are responsible for carrying out electoral work in accordance with regulations set by law. Article 7: Expenditures for organizing the election of National Assembly deputies are guaranteed by the state budget. Chapter II -- NUMBER OF NATIONAL ASSEMBLY DEPUTIES, ELECTORAL UNITS, AND VOTING AREAS Article 8: 1. The total number of deputies of the SRV National Assembly does not exceed 450. 2. Basis for distribution of National Assembly deputies among provinces and municipalities subordinate to the central government: a. Every province and municipality subordinate to the central government has at least three deputies residing and working in the locality. b. The numbers of other deputies who follow are calculated on the basis of the population and characteristics of each locality. c. The capital city of Hanoi is apportioned an appropriate number of deputies. 3. Based on items 1 and 2 of this article, the National Assembly Standing Committee projects the number of National Assembly deputies to be elected in each province and municipality subordinate to the central government. Article 9: Based on the numbers of National Assembly deputies stipulated in article 8 of this law and on the duties and powers of the National Assembly, in order to guarantee rational proportions of representation of people of all strata in the National Assembly, after exchanges of opinions with the standing committee of the VFF Central Committee and with representatives of sociopolitical organizations, at least 80 days before election day, the National Assembly Standing Committee sets forth its first projections on: 1. The structure and composition of the National Assembly. 2. The numbers of National Assembly deputies to be elected from political organizations, sociopolitical organizations, social organizations, people's armed forces, and central and local state organs. Article 10: The number of National Assembly deputies being people of ethnic minorities will be projected by the National Assembly Standing Committee in accordance with recommendation by the National Assembly Nationalities Council to guarantee that ethnic minorities have appropriate numbers of representatives in the National Assembly. Article 11: National Assembly deputies are elected in accordance with electoral units. In each electoral unit, no more than three deputies are to be elected. Provinces and municipalities subordinate to the central government are divided into electoral units. The numbers of electoral units, a list of electoral units, and the number of deputies from each unit are calculated on the basis of population by the National Assembly Standing Committee and made public at least 70 days before election day. Article 12: Electoral units are divided into several voting areas. To divide electoral units into voting areas is the decision of village, ward, and town people's committees, which is directly approved by superior-level people's committees. Each voting area has from 300 to 2,000 voters. In the highlands, islands, and localities where the population is far from concentrated, a voting area is established even if there are fewer than 300 voters there. Units of the people's armed forces establish their own voting areas, with the exception of the case mentioned in the third paragraph of article 17 of this law. Hospitals, maternity clinics, convalescence homes, and homes for the handicapped having 50 voters or more can establish their own voting areas. Educational and medical-treatment establishments accommodating those who are there under administrative-measure decisions can establish their own voting areas. Chapter III -- ORGANIZATIONS IN CHARGE OF ELECTION Article 13: These are the organizations that are in charge of the election of National Assembly deputies: -- Electoral council at the central level. -- Election committees in provinces and municipalities subordinate to the central government. -- Election boards in electoral units. -- Election teams in voting areas. Article 14: At least 90 days before election day, the National Assembly Standing Committee sets up an electoral council having from 15 to 21 members and consisting of chairman, vice chairmen, secretary general, and members being representatives of the National Assembly Standing Committee, the government, the VFF Central Committee, and a number of organs and organizations concerned. The electoral council has the following duties and powers: 1. To assume leadership over the organization of elections throughout the country and to control and direct the implementation of regulations set by law on the election of National Assembly deputies. 2. To issue guidelines on electoral information, propaganda, and campaigning. 3. To issue guidelines on maintaining security, order, and social safety in the election. 4. To receive and consider the files of people recommended by political organizations, sociopolitical organizations, social organizations, the people's armed forces, and state organs at the central level to run for election to the National Assembly; and to send summarized biographies of candidates to the Standing Committee of the VFF Central Committee. 5. To receive the files and lists of candidates running for election to the National Assembly sent over from election committees. 6. To decide on samples of voter ID cards and ballots for the election of National Assembly deputies. 7. To draw up and make public lists of candidates running for election to the National Assembly in accordance with electoral units throughout the country. 8. To consider and resolve complaints and denunciations having to do with the work of election committees, boards, and teams; to consider and resolve complaints and denunciations having to do with the election and sent over from election committees or election boards; to consider and resolve complaints and denunciations having to do with candidates; and to consider and resolve complaints having to do with electoral results. 9. To receive and check minutes establishing electoral results sent over from election committees and boards; and to draft final-review minutes on the nationwide election. 10. To consider and decide on reelection, additional election, or abolition of electoral results in electoral units. 11. To make public results of the nationwide election. 12. To issue certificates to deputies-elects. 13. To submit to the National Assembly Standing Committee and the new-term National Assembly the final-review minutes on the nationwide election and all the files and documents having to do with the election. Article 15: At least 80 days before election day, the people's council standing committees of provinces and municipalities subordinate to the central government, after having reached an agreement with the people's committees and standing committees of the VFF committees of the same level, are to decide to establish election committees each having seven to 11 members and consisting of chairman, vice chairmen, secretary, and members being representatives of the people's council standing committees, people's committees, and VFF committees of the same level and of a number of organs and organizations concerned. Election committees have the following duties and powers: 1. To issue guidelines on the preparations for and organization of election in electoral units; and to control and direct the implementation by election boards and election teams of regulations set by law on the election of National Assembly deputies. 2. To issue guidelines on electoral information, propaganda, and campaigning in their locality. 3. To issue guidelines on maintaining security, order, and social safety in the election in their locality. 4. To receive and consider the files of people recommended by political organizations, sociopolitical organizations, social organizations, the people's armed forces, and state organs in their locality to run for election to the National Assembly as well as the files of people running on their own initiative for election to the National Assembly; and to send the laterally excerpted lists and summarized biographies of recommended and self-running candidates to the VFF committees of provinces and municipalities subordinate to the central government. 5. To print election documents, voter ID cards, and ballots in accordance with samples issued by the electoral council. 6. To draw up lists of candidates in accordance with electoral units and to report to the electoral council. 7. To control the drawing up and posting of lists of voters. 8. To consider and resolve complaints and denunciations having to do with the work of election boards and teams; to consider and resolve complaints and denunciations having to do with the election and those sent over from election boards and teams; and to consider and resolve complaints and denunciations having to do with candidates. 9. To receive and check minutes establishing electoral results and those sent over from election boards; and to draft minutes to establish electoral results in their locality. 10. To supply information on electoral results in their locality. 11. To report on the state of organizing and conducting the voting in accordance with orders of the electoral council. 12. To forward files and minutes establishing electoral results to the electoral council. 13. To organize reelection and additional election in accordance with decisions by the electoral council. Article 16: At least 60 days before election day, the people's council standing committees of provinces and municipalities subordinate to the central government, after having reached an agreement with the people's committees and standing committees of the VFF committees of the same level, are to decide to establish in each electoral unit an election board having nine to 15 members and consisting of chairman, vice chairmen, secretary, and members being representatives of the people's council standing committees, people's committees, and VFF committees of the same level and of a number of organs and organizations concerned. Election boards have the following duties and powers: 1. To control and direct the implementation by election teams of regulations set by law on the election of National Assembly deputies. 2. To control and direct the setting up of polling stations. 3. To control the drawing up and posting of lists of voters. 4. To distribute voter ID cards and ballots to election teams at least five days before election day. 5. To post lists of candidates in electoral units. 6. To control voting in polling stations. 7. To receive and check minutes on results of vote counting sent over from election teams; and to draft minutes to establish electoral results in electoral units for forwarding to the electoral council and election committees and to supply information on these results. 8. To receive and forward to election committees complaints and denunciations having to do with candidates; and to consider and resolve complaints and denunciations having to do with the work of election teams. 9. To report on the state of organizing and conducting the voting in accordance with orders of the electoral council and election committees. 10. To give files and documents on the election to the people's committees of provinces and municipalities subordinate to the central government. 11. To organize reelection and additional election. Article 17: At least 30 days before election day, chairmen of village, ward, and town people's councils, after having reached an agreement with the people's committees and standing committees of the VFF committees of the same level, are to decide to establish in each voting area an election team having five to 11 members and consisting of team leader, deputy team leader, secretary, and members being representatives of the people's councils, people's committees, and VFF committees of the same level and of local voters. Units of the people's armed forces establish in each one of their voting areas an election team having five to nine members and consisting of team leader, deputy team leader, secretary, and members being representatives of unit commander and soldiers. In the case of units of the people's armed forces and localities sharing the same voting areas, chairmen of village, ward, and town people's councils, after having reached an agreement with the people's committees and standing committees of the VFF committees of the same level and with commanders of units of the people's armed forces, are to establish election teams having five to 11 members and consisting of representatives of the people's councils, people's committees, and VFF committees of the same level; representatives of unit commanders; representatives of soldiers; and representatives of local voters. Election teams have the following duties and powers: 1. To organize the voting in voting areas. 2. To set up polling stations and to get ballot boxes ready. 3. To distribute voter ID cards at least two days before election day, with the exception of cases mentioned in item 2 of article 23 of this law; and to distribute to voters ballots bearing the seal of election teams. 4. To maintain order in polling stations. 5. To count votes and to draft minutes on the results of vote counting for forwarding to election boards. 6. To give minutes on the results of vote counting and all ballots to village, ward, and town people's committees. 7. To report on the state of organizing and conducting the voting in accordance with orders from organizations of higher levels in charge of the election. 8. To organize reelection and additional election. Article 18: The electoral council and election committees, boards, and teams cannot campaign for candidates. Article 19: The organizations in charge of the election work under the collective system; meetings are conducted when at least two-thirds of the total number of members participate in them; and decisions are approved when more than half of the members taking part in a vote approve them. The organizations in charge of the election can requisition cadres and civil servants of state organs and sociopolitical and social organizations to assist them in accordance with decisions of the chairman of the electoral council, chairmen of election committees, or leaders of election teams. Article 20: State organs, political organizations, sociopolitical organizations, social organizations, and units of the people's armed forces are responsible for creating favorable conditions for the organizations in charge of the election to carry out their duties and powers. Article 21: The electoral council completes its duties after it has submitted to the new-term National Assembly the final-review minutes on the election and the files and documents on the election. Election committees, boards, and teams complete their duties after the electoral council has made public the results of the nationwide election. Chapter IV -- LISTS OF VOTERS Article 22: During the time of drawing up lists of voters, all citizens having the right to elect National Assembly deputies are included in these lists. Each voter can be included in the list of voters in only one place of permanent or temporary residence. Article 23: 1. The people who are being deprived of their voting rights in accordance with a sentence or decision of the court that has taken effect, are serving a jail sentence, are being temporarily jailed, and are insane cannot be included in lists of voters. 2. If 24 hours before the voting period the people who are in the cases mentioned in item 1 of this article have their voting right restored, are released from jail, or are certified by a responsible organ as no longer insane, they will be added in lists of voters and issued voter ID cards. 3. At the start of the voting period, if any persons whose names are in lists of voters have now been deprived of their voting right by the court, must now serve a jail sentence, are temporarily jailed, or are insane, village, ward, and town people's committees will delete their names in lists of voters and take back their voter ID cards. Article 24: Lists of voters are drawn up by village, ward, and town people's committees in accordance with voting areas. Lists of voters in units of the armed forces are drawn up by unit commanders in accordance with voting areas. Military personnel having registered as permanent residents in localities near the location of their units can get certificates issued by unit commanders allowing them to be included in lists of voters in these localities and to take part in the voting there. When issuing such certificates, unit commanders must write next to these people's names in the lists, 'Voting in place of residence.' Article 25: At least 30 days before election day, the organs in charge of drawing up lists of voters must post these lists at the headquarters of village, ward, and town people's committees and public places in their voting areas, and at the same time widely supply information on the posting to let the people check their listed names. Article 26: When checking lists of voters, if people find errors or names being omitted, within a period of 20 days after the date of posting they can address complaints, denunciations, or suggestions, verbal or written, to the organs in charge of drawing up lists of voters. These organs must accept and register these complaints, denunciations, or suggestions. Within a period of three days following the acceptance of these complaints, denunciations, or suggestions, the organs in charge of drawing up lists of voters must resolve them and inform authors of such complaints, denunciations, or suggestions of the results of the resolving action. In the case the authors of complaints, denunciations, or suggestions do not agree on the resolution reached by the organs in charge of drawing up lists of voters, they have the right to submit complaints to the people's courts of districts, precincts, and towns subordinate to provinces. Within a period of five days following the acceptance of complaints, the courts must resolve them. Decisions of the courts are final ones. Article 27: From the day of posting lists of voters to election day, any voters who move to another locality and cannot vote in the locality where their names have been listed have the right to ask the village, ward, or town people's committee of their locality to issue them certificates allowing them to be included in the list of voters of the new locality and to vote there. When issuing such certificates, people's committees must write next to these voters' names in the lists, 'Going to and voting in another locality.' Chapter V -- RUNNING FOR ELECTION, CONSULTATIVE CONFERENCES, RECOMMENDATION OF CANDIDATES FOR NATIONAL ASSEMBLY ELECTION Part 1 -- Running for Election and Candidate Files Article 28: 1. Citizens running for election to the National Assembly (being recommended or running on their own initiative), in accordance with regulations set by this law, must submit candidate files at least 60 days before election day. Candidate files consist of: a. Application for running for election. b. Excerpts from personal background with certification by organs, organizations, or units where candidates work or by village, ward, or town people's committees of the localities where candidates are permanent residents. c. Summarized biography and three 4 x 6 color photographs. 2. Candidates who are recommended by political organizations, sociopolitical organizations, social organizations, the people's armed forces, and state organs at the central level submit their files to the electoral council. Candidates who are recommended by political organizations, sociopolitical organizations, social organizations, the people's armed forces, and state organs in localities and candidates who run on their own initiative submit their files to the election committees of the localities where they run for election. 3. After having received and considered candidate files, if they are found to be legally correct, the electoral council forwards the summarized biographies of the candidates who are recommended by political organizations, sociopolitical organizations, social organizations, the people's armed forces, and state organs at the central level to the Standing Committee of the VFF Central Committee; election committees forward the summarized biographies of the candidates who are recommended by political organizations, sociopolitical organizations, social organizations, the people's armed forces, and state organs in localities as well as the summarized biographies of candidates who run on their own initiative to the standing committees of VFF committees in provinces and municipalities subordinate to the central government for inclusion in consultative meeting lists. Article 29: The following people cannot run for election to the National Assembly: 1. People who are in the cases mentioned in item 1 of article 23 of this law. 2. People who are being prosecuted for criminal offenses. 3. People who are serving sentences and criminal decisions by the court. 4. People who have served sentences and criminal decisions by the court but have not yet been exonerated. 5. People who are serving administrative-handling decisions having to do with education of villages, wards, and towns in educational establishments and disease treatment facilities or who are under administrative surveillance. The electoral council will cross out from lists of candidates running for election to the National Assembly the names of those already listed candidates who, at the time the voting starts, are prosecuted for criminal offenses, are arrested for being caught red-handed, or become insane. Part 2 -- Consultative Conferences, Recommendation of Candidates Running for Election to the National Assembly Article 30: At least 75 days before election day, the Presidium of the VFF Central Committee is to organize the first consultative conference at the central level to be attended by the presidium itself and representatives of the leaders of all member organizations of the front. The consultative conference is to agree on the structure, composition, and numbers of people of the central-level organs and organizations to be elected National Assembly deputies on the basis of the first projection sent over from the National Assembly Standing Committee. Representatives of the electoral council, National Assembly Standing Committee, and government are invited to attend this conference.Minutes of the consultative conference must clearly mention the composition and numbers of participants, events, and results obtained at the conference and are to be sent without delay to the National Assembly Standing Committee and electoral council. Article 31: At least 75 days before election day, the standing committees of the VFF committees of provinces and municipalities subordinate to the central government are to organize the first consultative conferences in these localities to be attended by the standing committees themselves, representatives of the leaders of all member organizations of the front, and representatives of the standing committees of VFF committees of districts, precincts, cities, and municipalities subordinate to provinces. Consultative conferences are to agree on the structure, composition, and numbers of people of organs, organizations, and units in localities to be elected National Assembly deputies on the basis of the first projection sent over from the National Assembly Standing Committee. Representatives of election committees, standing committees of people's councils, and people's committees are invited to attend these conferences. Minutes of consultative conferences must clearly mention the composition and numbers of participants, events, and results obtained at the conferences and are to be sent without delay to the National Assembly Standing Committee, the Standing Committee of the VFF Central Committee, and election committees. Article 32: Based on the results obtained at the first consultative conferences stipulated in articles 30 and 31 of this law, at least 70 days before election day, the National Assembly Standing Committee projects for the second time the structure, composition, and numbers of people of organs, organizations, and units, both central and local, to be elected National Assembly deputies. Article 33: Based on the second projection of the National Assembly Standing Committee, based on criteria for National Assembly deputies, organs, organizations, and units, both central and local, after being allocated a certain number of deputies, now proceed with recommending people to be candidates running for election to the National Assembly. Article 34: The recommendation by central organs, organizations, and units of people to be candidates running for election of National Assembly deputies is to proceed as follows: 1. The leaders of political, sociopolitical, and social organizations project the candidacy of people from their own organizations in the National Assembly election and organize voters' conferences to seek public opinion in the place of work of these candidates-to-be. Based on opinions gathered at voters' conferences, the leaders organize expanded standing-committee conferences or expanded presidium conferences to discuss and recommend people of their own organizations to run for election of National Assembly deputies. 2. In state organs, their leaders, in coordination with trade union executive committees, project the candidacy of people from their own organs in the National Assembly election and organize voters' conferences to seek public opinion in the place of work of these candidates-to-be. Based on opinions gathered at voters' conferences, the leaders of these organs organize conferences to be attended by themselves, trade union executive committees, and representatives of the leaders of subordinate units to discuss and recommend people of their own organs to run for election of National Assembly deputies. 3. In units of the people's armed forces, their leaders and commanders project the candidacy of people from their own units in the National Assembly election and organize voters' conferences to seek public opinion in the place of work of these candidates-to-be. Based on opinions gathered at voters' conferences, the leaders and commanders of these units organize conferences to be attended by themselves, representatives of trade union executive committees (if any), representatives of military personnel, and immediate lower ranking commanders to discuss and recommend people of their own units to run for election of National Assembly deputies. Voters' conferences mentioned in this article are conducted in accordance with article 39 of this law. Article 35: The recommendation by local organs, organizations, and units of people to be candidates running for election of National Assembly deputies is to proceed as follows: 1. The leaders of political, sociopolitical, and social organizations project the candidacy of people from their own organizations in the National Assembly election and organize voters' conferences to seek public opinion in the place of work of these candidates-to-be. Based on opinions gathered at voters' conferences, the leaders organize expanded standing-committee conferences to discuss and recommend people of their own organizations to run for election of National Assembly deputies. 2. In state organs, their leaders, in coordination with trade union executive committees, project the candidacy of people from their own organs in the National Assembly election and organize voters' conferences to seek public opinion in the place of work of these candidates-to-be. Based on opinions gathered at voters' conferences, the leaders of these organs organize conferences to be attended by themselves, trade union executive committees, and representatives of the leaders of subordinate units to discuss and recommend people of their own organs to run for election of National Assembly deputies. 3. In units of the people's armed forces, their leaders and commanders project the candidacy of people from their own units in the National Assembly election and organize voters' conferences to seek public opinion in the place of work of these candidates-to-be. Based on opinions gathered at voters' conferences, the leaders and commanders of these units organize conferences to be attended by themselves, representatives of trade union executive committees (if any), representatives of military personnel, and immediate lower ranking commanders to discuss and recommend people of their own units to run for election of National Assembly deputies. Voters' conferences mentioned in this article are conducted in accordance with article 39 of this law. Article 36: Central organs, organizations, and units recommending people to run for National Assembly election must forward to the Standing Committee of the VFF Central Committee the minutes of voters' conferences at the places of work of their candidates and the minutes of conferences of their own leaders on observations made regarding the recommended candidates. The Standing Committee of the VFF Central Committee put the names of the recommended candidates in consultative conference lists. Local organs, organizations, and units recommending people to run for National Assembly election must forward to the standing committees of VFF committees of provinces and municipalities subordinate to the central government the minutes of voters' conferences at the places of work of their candidates and the minutes of conferences of their own leaders on observations made regarding the recommended candidates. The standing committees of VFF committees of provinces and municipalities subordinate to the central government put the names of the recommended candidates in consultative conference lists. Article 37: At least 55 days before election day, the Presidium of the VFF Central Committee is to organize the second consultative conference at the central level; participants in this conference are the same ones mentioned in article 30 of this law. Based on the National Assembly deputy criteria, structure, composition, and numbers of deputies to be elected and being allocated to central organs, organizations, and units in accordance with the second projection of the National Assembly Standing Committee, the consultative conference is to draw up preliminary lists of candidates running for election of National Assembly deputies and to seek voters' opinions in candidates' places of residence. Minutes of the consultative conference must clearly mention the composition and numbers of participants, events, and results obtained at the conference and are to be sent without delay to the National Assembly Standing Committee and electoral council. Article 38: At least 55 days before election day, the standing committees of VFF committees of provinces and municipalities subordinate to the central government are to organize the second consultative conferences in these provinces and municipalities; participants in these conferences are the same ones mentioned in article 31 of this law. Based on the National Assembly deputy criteria, structure, composition, and numbers of deputies to be elected and being allocated to local organs, organizations, and units in accordance with the second projection of the National Assembly Standing Committee, the consultative conferences are to draw up preliminary lists of candidates running for election of National Assembly deputies and to seek voters' opinions in candidates' places of residence; for the self-running candidates, they are to seek voters' opinions in these candidates' places of work (if any). Minutes of consultative conferences must clearly mention the composition and numbers of participants, events, and results obtained at the conferences and are to be sent without delay to the National Assembly Standing Committee, electoral council, and election committees. Article 39: 1. Voters' conferences in villages, wards, and towns are organized in accordance with hamlet, quarter, neighborhood cell, highland village, and small village units being the places of permanent residence of candidates, and by the standing committees of village, ward, and town VFF committees in coordination with people's committees of the same level being in charge of convening and presiding over them. Candidates running for election of National Assembly deputies and representatives of organs, organizations, and units having candidates of their own are invited to participate in these conferences. 2. Voters' conferences in political, sociopolitical, and social organizations are convened and presided over by the leaders of these organizations; voters' conferences in state organs are convened and presided over by the leaders of these organs in coordination with the latter's trade union executive committees; voters' conferences in units of the people's armed forces, actually being military personnel conferences, are convened and presided over by the leaders and commanders of these units. Candidates running for election of National Assembly deputies are invited to participate in these conferences. 3. At the conferences mentioned in items 1 and 2 of this article, voters compare candidates' background to National Assembly deputy criteria, make observations, and express their confidence in candidates running for election of National Assembly deputies by raising their hand or casting secret ballots in accordance with conference decision. Minutes of voters' conferences convened to formulate opinions on candidates recommended by central organs, organizations, and units are to be forwarded to the Standing Committee of the VFF Central Committee. Minutes of voters' conferences convened to formulate opinions on candidates recommended by local organs, organizations, and units and on self-running candidates are to be forwarded to the standing committees of VFF committees of provinces and municipalities subordinate to the central government. 4. The organization of voters' conferences as mentioned in this article is conducted in accordance with guidelines provided by the National Assembly Standing Committee in coordination with the Presidium of the VFF Central Committee. Article 40: The responsibilities for determining and answering cases and affairs raised by voters against candidates are carried out as follows: 1. In regard to cases and affairs taking place in places of work, organs, organizations, and units in charge of directly managing candidates are responsible for determining and answering them in documents to be forwarded to the standing committees of the VFF Central Committee and VFF committees of provinces and municipalities subordinate to the central government. In regard to cases in which candidates are heads of organs, organizations, and units, organs of higher level are directly responsible for determining and answering. If organs, organizations, and units do not have any higher level organs being directly in charge of their management, organs having the authority to decide on the establishment of these organs, organizations, and units are responsible for determining and answering. 2. In regard to cases and affairs taking place in residential areas, organs, organizations, and units having candidates of their own, in coordination with village, ward, and town people's committees, are responsible for determining and answering them in documents to be forwarded to the standing committees of the VFF Central Committee and VFF committees of provinces and municipalities subordinate to the central government. 3. In the case of self-running candidates, election committees, in coordination with organs, organizations, and units in charge of directly managing these candidates, or with people's committees of villages, wards, and towns being these candidates' places of residence, are responsible for determining and answering them in documents to be forwarded to the standing committees of VFF committees of provinces and municipalities subordinate to the central government. 4. At least 40 days before election day, the cases and affairs raised by voters against candidates as mentioned in this article must have been determined and answered. Article 41: Based on the results obtained at second consultative conferences as mentioned in articles 37 and 38 of this law, at least 40 days before election day, the National Assembly Standing Committee projects for a third time the structure, composition, and numbers of people from organs, organizations, and units, both central and local, to be elected National Assembly deputies. Article 42: At least 35 days before election day, the Presidium of the VFF Central Committee is to organize the third consultative conference at the central level; participants in this conference are the same as the ones mentioned in article 30 of this law. Based on the National Assembly deputy criteria, structure, composition, and numbers of people of the central-level organs, organizations, and units to be elected National Assembly deputies as projected for the third time by the National Assembly Standing Committee, and on the results obtained from conferences seeking voters' opinions, the consultative conference is to select and draw up the official list of candidates running for election of National Assembly deputies. Minutes of the consultative conference must clearly mention the composition and numbers of participants, events, and results obtained at the conference. Article 43: At least 35 days before election day, the standing committees of VFF committees of provinces and municipalities subordinate to the central government are to organize the third consultative conferences in these provinces and municipalities; participants in these conferences are the same as the ones mentioned in article 31 of this law. Based on the National Assembly deputy criteria, structure, composition, and numbers of people of the local-level organs, organizations, and units to be elected National Assembly deputies as projected for the third time by the National Assembly Standing Committee, and on the results obtained from conferences seeking voters' opinions, the consultative conferences are to select and draw up official lists of candidates running for election of National Assembly deputies. Minutes of the consultative conferences must clearly mention the composition and numbers of participants, events, and results obtained at the conferences. Part 3 -- Lists of Candidates Article 44: At least 30 days before election day, the Standing Committee of the VFF Central Committee is to forward to the electoral council the minutes of the third consultative conference and the official list of those people being recommended by the Presidium of the VFF Central Committee to run for election of National Assembly deputies. Article 45: At least 30 days before election day, the standing committees of the VFF committees of provinces and municipalities subordinate to the central government are to forward to election committees the minutes of the third consultative conferences and the official lists of those people being recommended by VFF committees of provinces and municipalities subordinate to the central government to run for election of National Assembly deputies. Article 46: Based on the official list of candidates being recommended by the Presidium of the VFF Central Committee, the electoral council is to forward to the election committees concerned the lists of people being recommended to go to localities and to run for election there. The electoral council is to draw up and make public lists of candidates in electoral units throughout the country in accordance with the official lists of candidates sent over at least 25 days before election day by the Standing Committee of the VFF Central Committee and by election committees. Lists of candidates must clearly mention each candidates' full name, date of birth, native place, place of permanent residence, nationality, religion, educational background, specialized skills, occupation, job position, and place of work. Candidates are to be listed in alphabetical order. The numbers of candidates in electoral units as shown in the lists of candidates must be greater than those of deputies to be elected there. Candidates can be included in the lists of candidates in only one electoral unit. Article 47: At least 20 days before election day, election committees are to post lists of candidates running for election in their localities in accordance with decision of the electoral council. Article 48: Candidates cannot be members of election committees or election teams in the unit where they run for election. If they already are members of their locality's election committee or election team, they are allowed to be withdrawn from the list of members of this organization being in charge of the election beginning on the day they are included in the official lists of candidates. Article 49: 1. From the day lists of candidates are made public, citizens have the right to address complaints and denunciations against candidates and complaints and suggestions having to do with shortcomings in the listing of candidates to election boards, election committees, and the electoral council. Election boards, election committees, and the electoral council, in accordance with their powers, must register and resolve these complaints, denunciations, and suggestions. In the case the authors of complaints, denunciations, or suggestions do not agree to the resolution made by election boards and election committees, they have the right to complain to the electoral council. Decisions of the electoral council are final. 2. No later than 10 days before election day, the electoral council, election committees, and election boards stop considering and resolving complaints, denunciations, and suggestions on candidates and on the drawing up of lists of candidates. Part 4 -- Electoral Propaganda, Campaigning Article 50: The electoral council issues guidelines on electoral information, propaganda, and campaigning throughout the country; election committees issue guidelines on electoral information, propaganda, and campaigning in localities. Article 51: State organs, political organizations, sociopolitical organizations, social organizations, units of the people's armed forces, and organs in charge of information and the press, in accordance with their tasks and powers, are responsible for making propaganda on the election. Article 52: People having their names in lists of candidates running for election of National Assembly deputies have the right to campaign for their election through meetings and contact with voters and the mass-information media and to report to voters on how they plan to carry out the responsibilities of deputies if they are elected to the National Assembly. The VFF organizes meetings and contacts for candidates to get in touch with voters and to campaign for their election. Article 53: Electoral campaigning is conducted in a democratic and equal manner in compliance with the law to ensure social order and safety. Chapter VI -- ORDER OF ELECTORAL PROCEDURES Part 1 -- Election Day Article 54: The voting to elect National Assembly deputies is conducted on the same day throughout the country.Election day, which must be on a Sunday, is to be set by the National Assembly Standing Committee and announced at least 90 days in advance. Article 55: In case there is a special need to delay or to advance the already-set election day in a certain voting area, after having sought the opinions of the election teams in that voting area, the election board is to submit a timely report to the election committee so as to let it suggest that the electoral council consider and decide on the matter. Article 56: In the period of 10 days before election day, election teams must regularly supply information in the forms of posters, radio broadcasts, and other means of communications available in localities to let voters know the date of election, polling stations, and hours of voting. Part 2 -- Voting Procedures Article 57: Voting begins at 7 AM and ends at 7 PM. Depending on local situation, election teams can decide to begin the voting earlier, but not before 5 AM, or to end the voting later, but not after 10 PM. Before the voting starts, election teams must check ballot boxes in the presence of voters. Article 58: Each voter has the right to cast just one ballot. Voters must vote in person and are not allowed to vote by mail except for the cases mentioned in article 59 of this law. Article 59: Voters who cannot write on the ballot by themselves can ask other people to write for them, but they must themselves cast their ballot; those who write for them must ensure the confidentiality of the ballot; handicapped voters who cannot cast the ballot by themselves can ask other people to drop it in the ballot box. If voters cannot come to polling stations because of sickness, old age, or handicap, election teams are to bring auxiliary ballot boxes and ballots to their home to let them cast the ballot. Article 60: When voters write on the ballot, nobody, including election team members, can come close to them and look; if mistakes are made while they write on the ballot, voters have the right to ask election teams to exchange it for another ballot. Article 61: Everybody must obey the rules at polling stations; nobody can campaign in polling stations. Article 62: As the voting hours come to an end, if there still are voters who have not yet voted in polling stations, election teams must wait until the voting of these people is over to announce that the voting is terminated. Article 63: On election day, the voting must be conducted in a continuous manner. If something unexpected happens and interrupts the voting, election teams must immediately seal ballot boxes and documents having to do with the election, make a timely report to election boards, and at the same time take necessary measures to ensure that voting can continue. Chapter VII -- ELECTORAL RESULTS Part 1 -- Vote Counting Article 64: Votes must be counted in polling stations right after the voting is terminated. Before opening ballot boxes, election teams must compile statistical data, write minutes, seal the unused ballots, and invite two voters, who are not candidates, to witness the counting of votes. Candidates and representatives of the organs, organizations, and units that have recommended candidates, or the people acting as their proxies, have the right to witness the counting of votes and to make complaints about the counting. Press reporters can witness the vote counting. Article 65: The following ballots are invalid: 1. Ballots being different from the regulation samples distributed by election teams. 2. Ballots bearing no seal of election teams. 3. Ballots bearing numbers higher than the numbers of deputies allocated for election to electoral units. 4. Ballots with all names of candidates being crossed out. 5. Ballots bearing names not listed as candidates and write-ins. Article 66: In the case some ballots are suspected as invalid, election team leaders are to present them to their entire teams so as to find a resolution. Election teams cannot cross out or change any names on the ballots. Article 67: On-the-spot complaints about the vote counting are to be received and resolved by election teams, with the way they are resolved being mentioned in minutes. If election teams are unable to resolve such complaints, their opinion must be mentioned in the minutes on resolving the complaints to be forwarded to election boards. Article 68: After the vote counting is completed, election teams must write minutes on the results of the counting. Minutes must clearly mention: -- The total number of voters in the voting area. -- The number of voters having taken part in the voting. -- The percentage of voters having taken part in the voting compared to the total number of voters. -- The number of valid ballots. -- The number of invalid ballots. -- The number of ballots cast in favor of each candidate. -- The complaints being received and resolved, and the resolution made, and the complaints being forwarded to election boards. Minutes are made into four copies having the signatures of the election team leader and secretary and of two voters having witnessed the vote counting. No later than three days after election day, minutes are to be forwarded to the election board, people's council chairman, people's committee, and standing committee of the VFF committee of the village, ward, and town concerned. Part 2 -- Results of Election in Electoral Units Article 69: After receiving the minutes on the results of vote counting from election teams, election boards check these minutes and write their own minutes affirming the results of the election in their electoral unit. Minutes must clearly mention: -- The number of National Assembly deputies being allocated to electoral unit. -- The number of candidates. -- The total number of voters in electoral unit. -- The number of voters having taken part in the voting. -- The percentage of voters having taken part in the voting compared to the total number of voters. -- The number of valid ballots. -- The number of invalid ballots. -- The number of ballots cast in favor of each candidate. -- The list of elected candidates. -- The complaints being resolved by election teams, the complaints being resolved by election boards, and the complaints being forwarded to election committees and the electoral council. Minutes are made into five copies having the signatures of election board chairman, vice chairmen, and secretary. No later than five days after election day, minutes are to be forwarded to the electoral council, election committee, people's council standing committee, people's committee, and VFF committee of the province and municipality subordinate to the central government. Article 70: Within the number of deputies being allocated to electoral units, candidates getting more than one-half of valid ballots and getting a greater number of ballots are elected. If many candidates get equal numbers of ballots, older candidates are elected. Part 3 -- Additional Election, Reelection Article 71: In the first election, if the number of elected candidates is less than that of candidates to be elected as allocated by the National Assembly Standing Committee to an electoral unit, the election board there must mention this fact in the minutes and promptly report it so as to let the election committee suggest that the electoral council consider the matter and decide to organize an additional election in the electoral unit. If an additional election is needed, it is to be conducted no later than 20 days after the first election. In the additional election, voters are to select in the list of first-election candidates only those who have not been elected. Elected are those candidates who have received more than one-half of valid ballots and a greater number of ballots. If the additional election does not result in the election of the number of deputies allocated, no second additional election will be organized. Article 72: In each electoral unit, if the number of voters having cast their ballot is less than one-half of the number of voters mentioned in the voters' list, the election board is to include this fact in its minutes and to promptly report it so as to let the election committee suggest that the electoral council consider and decide on organizing reelection in this electoral unit. If reelection is needed, it is to be conducted no later than 10 days after the first election. In the reelection, voters are to select only those candidates mentioned in the list of first-election candidates. If the reelection does not attract more than one-half of the number of voters mentioned in the voters' list, no second reelection will be organized. Article 73: The electoral council, acting on its own initiative or in accordance with suggestion made by the government, VFF Central Committee, or election committee, is to invalidate the results of the election in an electoral unit where serious violations of the law have taken place and to decide on reelection to be conducted in the electoral unit. In the reelection, voters are to select only those candidates mentioned in the list of first-election candidates. Article 74: Additional election or reelection is still based on voters' lists having been drawn up in the first election and are conducted in accordance with the regulations set in this law. Part 4 -- Final Review of Electoral Results Article 75: After receiving and checking the minutes on electoral results sent over by election boards and resolving complaints (if any), election committees are to write minutes to affirm the electoral results in their locality. Minutes must clearly mention: -- The number of electoral units. -- The number of candidates. -- The total number of voters in the locality. -- The number of voters having taken part in the voting. -- The percentage of voters having taken part in the voting compared to the total number of voters. -- The number of valid ballots. -- The number of invalid ballots. -- The number of ballots cast in favor of each candidate. -- The list of elected candidates. -- The complaints being resolved by election teams and election boards. -- The complaints being resolved by election committees. -- The important events having taken place and the way of resolving them. -- The complaints, denunciations, and suggestions being forwarded to the electoral council. Minutes are made into five copies having the signatures of the chairman and secretary of the election committee. Minutes are to be forwarded to the electoral council, VFF Central Committee, people's council standing committee, people's committee, and VFF committee of the province and municipality subordinate to the central government no later than seven days after election day. Article 76: After receiving and checking the minutes on electoral results sent over by election boards and election committees and resolving complaints (if any), the electoral council is to write minutes to register its final review of the election throughout the country. Minutes must clearly mention: -- The total number of National Assembly deputies being elected. -- The total number of candidates. -- The total number of voters. -- The total number of voters having taken part in the voting. -- The percentage of voters having taken part in the voting compared to the total number of voters. -- The number of valid ballots. -- The number of invalid ballots. -- The number of ballots cast in favor of each candidate. -- The list of elected candidates. -- The complaints and denunciations being resolved by the electoral council. -- The important events having taken place and the way of resolving them. Minutes are made into five copies having the signatures of the chairman and secretary general of the electoral council. Minutes are to be forwarded to the National Assembly Standing Committee, government, and VFF Central Committee; one copy is to be submitted to the new National Assembly, and another is kept as permanent record. Article 77: Based on the minutes on final review of the election throughout the country, the electoral council is to make public results of the election and a list of candidates being elected National Assembly deputies. Part 5 -- Resolving Complaints About Electoral Results Article 78: 1. All complaints about the results of the election must be sent to the electoral council no later than 10 days from the day the electoral council makes public the electoral results. 2. The electoral council is responsible for considering and resolving complaints about electoral results within 30 days from the day it has received these complaints. Decisions of the electoral council on resolution of complaints are final. Chapter VIII -- COMPLEMENTARY ELECTION TO FILL VACANT NATIONAL ASSEMBLY SEATS Article 79: In the term, if an electoral unit has a vacant National Assembly deputy seat, the National Assembly Standing Committee can decide to conduct a complementary election to elect a National Assembly deputy in that electoral unit; if the remainder of the National Assembly term is less than two years, a complementary election will not be organized. Article 80: The National Assembly Standing Committee is to establish a complementary election committee having five to seven members and consisting of chairman, vice chairman, secretary general, and members, who are representatives of the National Assembly Standing Committee, government, VFF Central Committee, and a number of organs and organizations concerned. The National Assembly Standing Committee is to decide on the day to conduct the complementary election and to announce it at least 30 days before this election day. Article 81: At least 15 days before complementary election day, the voters' lists drawn up by village, ward, and town people's committees are to be made public. Article 82: At least 20 days before complementary election day, standing committees of the people's councils of provinces and municipalities subordinate to the central government, after having reached an agreement with the people's committees and standing committees of the VFF committees of the same level, are to decide on establishing in the electoral unit a complementary election board having three to five members and consisting of chairman, vice chairman, secretary, and members, who are representatives of the local administration and the VFF committee in the locality. Article 83: At least 15 days before complementary election day, chairmen of village, ward, and town people's councils, after having reached an agreement with the people's committees and VFF standing committees of the same level, are to decide on establishing in each voting area a complementary election team having five to seven members and consisting of leader, deputy leader, secretary, and members, who are representatives of the people's councils, people's committees, and VFF committees in the locality. Article 84: The tasks and powers of complementary election committees, boards, and teams are applicable in accordance with the correlative regulations applicable to the electoral council and election committees, boards, and teams; the voting procedures, electoral timetable, and determination of results of the complementary election are applicable in accordance with the correlative regulations set in this law. Based on the principles of this law, the National Assembly Standing Committee, in coordination with the Presidium of the VFF Central Committee, is to set the regulations on consultative conferences and recommendation of candidates running for election of National Assembly deputies for the complementary election. Article 85: At least 10 days before complementary election day, the list of candidates running for National Assembly election is to be made public in the electoral unit where there is the vacant National Assembly seat. Article 86: Complaints, denunciations, and suggestions on the complementary election and the way of resolving them are applicable in accordance with the correlative regulations in this law. Chapter IX -- RESOLUTION OF ELECTORAL VIOLATIONS Article 87: Those who resort to cheating, influence-buying, or coercing tricks to disturb citizens' voting and running for election of National Assembly deputies as well as those people responsible for electoral work who forge documents, use fraudulent ballots, or resort to other tricks in order to alter electoral results, depending on the extent of their violations, are to be dealt with by means of disciplinary action, administrative fine, or criminal prosecution. Article 88: Those who hamper or take revenge against authors of complaints and denunciations on the election, depending on the extent of their violations, are to be dealt with by means of disciplinary action, administrative fine, or criminal prosecution. Chapter X -- IMPLEMENTATION ARTICLES Article 89: This law takes effect on the day it is made public. This law replaces the Law on Election of National Assembly Deputies that was passed by the National Assembly on 15 April 1992. Article 90: The National Assembly Standing Committee, government, and VFF Central Committee are to issue guidelines on implementation of this law. This law was passed by the Ninth National Assembly of the SRV during its 11th session on 15 April 1997. The Chairman of the National Assembly, (signed) NONG DUC MANH ------------------------------------------------------------ End of File