Vietnam: Electoral registers and 05 things to know

Vietnam: Electoral registers and 05 things to know (Source: Internet)

1.  Rules for making electoral registers in Vietnam

According to Article 29 of the Law on Election of Deputies to the National Assembly and People's Councils 2015:

- Every citizen having election right may be recorded his/her name to an electoral register and given an elector’s card, excluding the following cases:

+ The persons who are deprived of the voting right under legally effective judgments or decisions of the Court,

+ The persons who are sentenced to death awaiting execution,

+ The persons who are serving prison terms without suspended sentences,

+ The persons who are incapable of civil acts shall not have their names registered in the electoral registers.

- Each citizen may be only recorded his/her name to the electoral register in their permanent or temporary residence.

- Every elector who temporarily reside in a local government under 12 months or every elector who is a soldier of a people's armed unit shall be recorded his/her name to the electoral register of National Assembly deputies or People's Council deputies of the province or district where he/she resides or is garrisoned.

- Any Vietnamese citizen who comes back Vietnam from foreign country within 24 hours from the time in which the electoral register has been posted to 24 hours before the voting time shall:

Present his/her passport with Vietnamese nationality to the People’s Committee of commune, then he/she shall be recorded his/her name to the electoral register and receive an elector’s card of National Assembly deputies

Or People's Council deputies of province, district and commune (if he/she presents the passport at the permanent residence) or National Assembly deputies and People's Council deputies of province and district (if he/she presents the passport at the temporary residence).

- Every elector who is a person detained, impound, or stayed in a reform school or detoxification center shall be recorded his/her name to the electoral register to elect National Assembly deputies and People's Council deputies of the province where he/she faces one of above penalties.

2.  Persons not having names recorded to, crossed out from or added to electoral registers in Vietnam

Cases in which names cannot be recorded, deleted or added to the list of voters according to Article 30 of the Law on Election of Deputies to the National Assembly and People's Councils 2015 are as follows:

(1) The persons who are deprived of the voting right under legally effective judgments or decisions of the Court, who are sentenced to death awaiting execution, who are serving prison terms without suspended sentences, and who are incapable of civil acts shall not have their names registered in the electoral registers.

(2) If the persons defined in item (1) have their voting right restored, are set free or certified by the competent agency that they are no longer incapable of civil acts until 24 hours before the voting time, they shall have their names added to the electoral registers and be given the electors’ cards as prescribed in Article 29 of this Law.

(3) During the period from the time the electoral register is posted to 24 hours before the voting time,

- If any person changes his/her permanent residence outside the commune where he/she has his/name recorded to the electoral register,

His/her name shall be crossed out from such electoral register and added to the new electoral register at his/her new permanent residence to elect National Assembly deputies and People's Council deputies of province, district and commune;

- If any person changes his/her temporary residence outside the commune where he/she has his/name recorded to the electoral register,

His/her name shall be crossed out from such electoral register and added to the new electoral register at his/her new temporary residence to elect National Assembly deputies and People's Council deputies of province and district.

(4) The electors who is a person detained, impound, or stayed in a reform school or detoxification center, until 24 hours before the voting time, are set free or released from reform schools or detoxification centers shall

- Have their names crossed out from the electoral registers where their detention centers, reform schools or detoxification centers are located,

- Or have their names added to the electoral registers where they reside permanently to elect National Assembly deputies and People's Council deputies of province, district and commune or have their names added to the electoral registers where they reside temporarily to elect National Assembly deputies and People's Council deputies of province and district.

(5) If persons who have already had their names in the electoral registers, are, before the voting time, deprived of their voting right by the Court, having to serve prison terms, or incapable of civil acts, the People’s Committee of the commune shall cross out their names from the electoral registers and withdraw their electors’ cards.

3. The power to make electoral registers in Vietnam

The power to make electoral registers according to Article 31 of the Law on Elections of Deputies to the National Assembly and People's Councils 2015 is as follows:

- The electoral registers shall be made by the People’s Committee of the commune according to each polling station.

With regard to suburban districts having no commune or commune-level town, the People’s Committees of districts shall make electoral registers according to each polling station.

- Electoral registers in people's armed units shall be made by commanders according to the polling stations where the units are garrisoned.

A soldier who has his/her permanent residence in an administrative division near his/her garrison area may be granted a certificate by the unit command so that his/her name shall be recorded to the electoral register and he/she shall vote in his/her permanent residence.

When issuing the certificate, the unit commander must write down in the electoral register of the people's armed unit next to his/her name “Vote in the place of residence."

4. Posting electoral registers in Vietnam

According to Article 32 of the Law on Election of Deputies to the National Assembly and People's Councils 2015, the electoral registers is posted as follows:

Within 40 days before the polling day, the agency that makes electoral registers shall post it at the head office of People’s Committee of communes and public places of the polling stations and concurrently announce the posting so that the people can check the electoral registers.

5. Complaints about electoral registers

Complaints about electoral registers are specified in Article 33 of the Law on Election of Deputies to the National Assembly and People's Council 2015 as follows:

- When checking the electoral register, if any mistake is detected therein, the people are entitled, within 30 days from the date on which the list is posted, make a complaint about the electoral register the agency that makes the electoral register.

The electoral register-making agency shall keep record of such complaints. Within 05 days from the date on which the complaint is received, the electoral register-making agency shall settle and inform the complainant of the settlement results.

- In case the complainant disagrees with the settlement carried out by the electoral register-making agency or his/her complaint is not settled after the settlement deadline, he/she shall be entitled to sue at People’s Court as prescribed in law on administrative procedures.

Quoc Dat

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