Guarantee the people’s direct expression of their will in deciding on important issues of the countryThe National Assembly approved Law No. 96/2015/QH13. This Law prescribes referendum; principles of referendum; tasks and powers of agencies and organizations in referendum; the order and procedures for deciding on and holding referendum; and referendum result and validity of referendum result.
Accordingly, the date of a referendum must be a Sunday which shall be decided by the Standing Committee of the National Assembly and announced at least 60 days in advance.
Within the ambit of their tasks and powers, the National Assembly, agencies of the National Assembly, National Assembly deputies’ delegations, National Assembly deputies, People’s Councils and their standing bodies and boards, groups of People’s Council deputies and People’s Council deputies shall oversee the organization of referendums.The Vietnam Fatherland Front and its member organizations and the People shall oversee the organization of referendums in accordance with law.
The National Assembly shall consider and decide on a referendum in the following order: The representative of an agency competent to propose a referendum, or a representative of the Standing Committee of the National Assembly, for a referendum proposed by National Assembly deputies, presents the document explaining the referendum proposal; The representative of the verification agency presents the verification report; The National Assembly holds discussion at a plenary meeting on the referendum proposal. Before such discussion, the referendum proposal shall be discussed in groups of National Assembly deputies; In the course of discussion, the representative of the agency having proposed the referendum may give explanations about related issues raised by National Assembly deputies; After National Assembly deputies discuss and give opinions on the referendum proposal, the Standing Committee of the National Assembly directs and organizes the study, explanation and acceptance of these opinions and revision of the National Assembly’s draft resolution on a referendum and reports on such explanation, acceptance and revision to the National Assembly; The National Assembly votes to adopt the resolution on a referendum.
Principles of making voter lists: All citizens who have the right to vote in a referendum shall be named in a voter list and given a voter card; Every citizen may be named only in the voter list of the place of his/her permanent or temporary residence; A voter who is held in temporary detention or custody or is currently confined to a compulsory reformatory or detoxification establishment shall be entitled to be named in the voter list of his/her detention, custody or confinement place; A voter who is a Vietnamese citizen returning to Vietnam from abroad during the period from after the voter list is posted up to the time earlier than 24 hours before the vote starts shall produce his/her passport stating his/her Vietnamese citizenship to the commune-level People’s Committee of the locality of his/her permanent or temporary residence registration in order to be named in the voter list and get a voter card.
Persons who may not be named in or whose names shall be removed from or added to voter lists include:
+ Persons sentenced to death penalty who are awaiting execution, persons who are serving an imprisonment sentence and are not entitled to suspended sentence, and persons who lose their civil act capacity as declared by a court may not be named in a voter list.
+ The commune-level People’s Committee shall remove the names and recall the voter cards of persons who have been named in a voter list but by the time of voting are sentenced to death penalty, have to serve an imprisonment sentence and are not entitled to suspended sentence, or lose their civil act capacity as declared by a court.
+ A person prescribed in Clause 1 of this Article who, 24 hours before the time of voting, is released or has the decision on his/her loss of civil act capacity cancelled by a court shall be entitled to have his/her name added to the voter list and receive a voter card to vote in a referendum.
A citizen who detects an error made in a voter list when examining it may lodge a complaint with the agency making this list within 10 days after the list is posted. The list-making agency shall record such complaint in a book, settle it and notify the settlement result to the complainant within 3 days after receiving the complaint.
In case the complainant disagrees with the complaint settlement result or the complaint is not settled past the time limit for settlement, he/she may initiate a lawsuit at a People’s Court in accordance with the law on administrative procedures.
Responsibilities of agencies and organizations for public information on referendums:The Standing Committee of the National Assembly shall assume the prime responsibility for, and coordinate with the Government in, directing public information on referendums nationwide; People’s Committees at all levels shall direct public information on referendums in their localities; Central and local press agencies shall disseminate information on referendums and the organization of referendums in accordance with law and direction of the Standing Committee of the National Assembly, the Government and People’s Committees at all levels; State agencies, socio-political organizations, social organizations, people’s armed forces units and local administrations shall, within the ambit of their tasks and powers, participate in and facilitate the dissemination of public information on referendums in their agencies, organizations, units and localities.
The time of a referendum must last from 7 am to 7 pm of a day. Depending on the local situation, referendum groups may decide to start the referendum earlier but not earlier than 5 am, and close the referendum later but not later than 9 pm, of the same day. In a constituency where all voters on the list have cast votes, the referendum in that constituency may be closed earlier, but not earlier than 3 pm of the same day. In a special case requiring a referendum to be held earlier than planned or postponement of the voting date in one or more than one constituency or one or more than one commune- or district-level administrative unit, the People’s Committee of the locality where earlier voting or postponement of the voting date is required shall promptly report it to the provincial-level People’s Committee for submission to the Standing Committee of the National Assembly for consideration and decision.
A referendum shall be considered valid only when at least three-fourths of the total number of voters nationwide who are named in the voter lists cast their votes.An issue put to referendum is valid for implementation when it is voted for by more than half of the number of valid ballot papers. To be valid for implementation, a constitutional issue put to referendum prescribed in Clause 1, Article 6 of this Law must be voted for by at least two-thirds of the number of valid ballot papers.A referendum shall be considered valid only when at least three-fourths of the total number of voters nationwide who are named in the voter lists cast their votes. An issue put to referendum is valid for implementation when it is voted for by more than half of the number of valid ballot papers. To be valid for implementation, a constitutional issue put to referendum prescribed in Clause 1, Article 6 of this Law must be voted for by at least two-thirds of the number of valid ballot papers.
This Law takes effect on July 1, 2016.
Guarantee the people’s direct expression of their will in deciding on important issues of the country
03/11/2016
The National Assembly approved Law No. 96/2015/QH13. This Law prescribes referendum; principles of referendum; tasks and powers of agencies and organizations in referendum; the order and procedures for deciding on and holding referendum; and referendum result and validity of referendum result.
Accordingly, the date of a referendum must be a Sunday which shall be decided by the Standing Committee of the National Assembly and announced at least 60 days in advance.
Within the ambit of their tasks and powers, the National Assembly, agencies of the National Assembly, National Assembly deputies’ delegations, National Assembly deputies, People’s Councils and their standing bodies and boards, groups of People’s Council deputies and People’s Council deputies shall oversee the organization of referendums.The Vietnam Fatherland Front and its member organizations and the People shall oversee the organization of referendums in accordance with law.
The National Assembly shall consider and decide on a referendum in the following order: The representative of an agency competent to propose a referendum, or a representative of the Standing Committee of the National Assembly, for a referendum proposed by National Assembly deputies, presents the document explaining the referendum proposal; The representative of the verification agency presents the verification report; The National Assembly holds discussion at a plenary meeting on the referendum proposal. Before such discussion, the referendum proposal shall be discussed in groups of National Assembly deputies; In the course of discussion, the representative of the agency having proposed the referendum may give explanations about related issues raised by National Assembly deputies; After National Assembly deputies discuss and give opinions on the referendum proposal, the Standing Committee of the National Assembly directs and organizes the study, explanation and acceptance of these opinions and revision of the National Assembly’s draft resolution on a referendum and reports on such explanation, acceptance and revision to the National Assembly; The National Assembly votes to adopt the resolution on a referendum.
Principles of making voter lists: All citizens who have the right to vote in a referendum shall be named in a voter list and given a voter card; Every citizen may be named only in the voter list of the place of his/her permanent or temporary residence; A voter who is held in temporary detention or custody or is currently confined to a compulsory reformatory or detoxification establishment shall be entitled to be named in the voter list of his/her detention, custody or confinement place; A voter who is a Vietnamese citizen returning to Vietnam from abroad during the period from after the voter list is posted up to the time earlier than 24 hours before the vote starts shall produce his/her passport stating his/her Vietnamese citizenship to the commune-level People’s Committee of the locality of his/her permanent or temporary residence registration in order to be named in the voter list and get a voter card.
Persons who may not be named in or whose names shall be removed from or added to voter lists include:
+ Persons sentenced to death penalty who are awaiting execution, persons who are serving an imprisonment sentence and are not entitled to suspended sentence, and persons who lose their civil act capacity as declared by a court may not be named in a voter list.
+ The commune-level People’s Committee shall remove the names and recall the voter cards of persons who have been named in a voter list but by the time of voting are sentenced to death penalty, have to serve an imprisonment sentence and are not entitled to suspended sentence, or lose their civil act capacity as declared by a court.
+ A person prescribed in Clause 1 of this Article who, 24 hours before the time of voting, is released or has the decision on his/her loss of civil act capacity cancelled by a court shall be entitled to have his/her name added to the voter list and receive a voter card to vote in a referendum.
A citizen who detects an error made in a voter list when examining it may lodge a complaint with the agency making this list within 10 days after the list is posted. The list-making agency shall record such complaint in a book, settle it and notify the settlement result to the complainant within 3 days after receiving the complaint.
In case the complainant disagrees with the complaint settlement result or the complaint is not settled past the time limit for settlement, he/she may initiate a lawsuit at a People’s Court in accordance with the law on administrative procedures.
Responsibilities of agencies and organizations for public information on referendums:The Standing Committee of the National Assembly shall assume the prime responsibility for, and coordinate with the Government in, directing public information on referendums nationwide; People’s Committees at all levels shall direct public information on referendums in their localities; Central and local press agencies shall disseminate information on referendums and the organization of referendums in accordance with law and direction of the Standing Committee of the National Assembly, the Government and People’s Committees at all levels; State agencies, socio-political organizations, social organizations, people’s armed forces units and local administrations shall, within the ambit of their tasks and powers, participate in and facilitate the dissemination of public information on referendums in their agencies, organizations, units and localities.
The time of a referendum must last from 7 am to 7 pm of a day. Depending on the local situation, referendum groups may decide to start the referendum earlier but not earlier than 5 am, and close the referendum later but not later than 9 pm, of the same day. In a constituency where all voters on the list have cast votes, the referendum in that constituency may be closed earlier, but not earlier than 3 pm of the same day. In a special case requiring a referendum to be held earlier than planned or postponement of the voting date in one or more than one constituency or one or more than one commune- or district-level administrative unit, the People’s Committee of the locality where earlier voting or postponement of the voting date is required shall promptly report it to the provincial-level People’s Committee for submission to the Standing Committee of the National Assembly for consideration and decision.
A referendum shall be considered valid only when at least three-fourths of the total number of voters nationwide who are named in the voter lists cast their votes.An issue put to referendum is valid for implementation when it is voted for by more than half of the number of valid ballot papers. To be valid for implementation, a constitutional issue put to referendum prescribed in Clause 1, Article 6 of this Law must be voted for by at least two-thirds of the number of valid ballot papers.A referendum shall be considered valid only when at least three-fourths of the total number of voters nationwide who are named in the voter lists cast their votes. An issue put to referendum is valid for implementation when it is voted for by more than half of the number of valid ballot papers. To be valid for implementation, a constitutional issue put to referendum prescribed in Clause 1, Article 6 of this Law must be voted for by at least two-thirds of the number of valid ballot papers.
This Law takes effect on July 1, 2016.