Luật 96/2015/QH13

Law No. 96/2015/QH13 dated November 25, 2015, on referendum

Nội dung toàn văn Law No. 96/2015/QH13 on referendum


NATIONAL ASSEMBLY
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
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Law No. 96/2015/QH13

Hanoi, November 25, 2015

 

LAW

ON REFERENDUM

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on Referendum.

Chapter I

GENERAL PROVISIONS

Article 1. Governing scope

This Law regulates referendum; referendum principles; duties and authority of agencies and organization in referendum; sequence and procedures on decisions on organization of referendum; result of referendum and its effect.

Article 2. Regulated entities

This Law applies to citizens of the Socialist Republic of Vietnam and relevant agencies, organizations and units.

Article 3. Interpretation of terms

In this Law, some terms are construed as follows:

1. Referendum means an occasion held by the state for all the people in the country to vote on important issues according to this Law.

2. Requests for referendum means agencies, competent persons as prescribed hereof who propose issues for referendum to the National Assembly for consideration and decision.

3. Referendum vote means the vote as defined by the Standing committee of the National Assembly defining issues for referendum.

4. Voters mean persons who have the right to cast referendum votes according to this Law.

Article 4. Referendum principles

1. Guarantee people’s expression of their wills on making decisions on important issues of the country; strengthen national great solidarity and social consensus;

2. Exercise principles of popularity, equality, and secret ballots in referendum;

3. Referendum should be held according to sequence and procedures as prescribed in this Law.

Article 5. Persons eligible for casting referendum votes

Vietnamese citizens aged from 18 and over to the time of referendum unless otherwise as regulated in Clauses 1, 2, Article 25 hereof.

Article 6. Issues for referendum

The National Assembly shall consider and decide referendum for following issues:

1. Full text or some important issues of the Constitution;

2. Issues of particular importance on sovereignty, national territory, national defense and security, foreign affairs having effects on national interests;

3. Socio-economic issues of particular importance having great effect on the development of the country;

4. Other important issues of the country;

Article 7. Scope of referendum

Referendum is held across the country.

Article 8. Referendum date

Sunday shall be the date for referendum as set by the Standing committee of the National Assembly and be published at least 60 days prior the referendum date.

Article 9. Cases when referendum is not held

1. Result of previous referendum shall not be held again within 24 months since it was published.

2. No referendum shall be held during a declaration of war or state of emergency across the country, or within six months since a state of war or state of emergency is annulled across the country.

Article 10. Referendum monitoring

1. The National Assembly, agencies of the National Assembly, delegations of the National Assembly, delegates of the National Assembly, Standing Committee of People’s Council, Committee of People’s Council, delegations and delegates of People’s Council within duties and authority shall be responsible for monitoring the referendum.

2. Vietnamese Fatherland Front, member organizations of the Front and the People shall monitor the organization of the referendum according to laws.

Article 11. Effect of referendum results

1. Referendum results shall be the decisive factor in the issues called for referendum and take effect since the date of publication.

2. Every regulatory agency, organization and individual should respect the referendum result.

3. Regulatory agencies, organizations and individuals within duties and authority shall be responsible for organizing and ensuring strict compliance with the referendum results.

Article 12. Expenditures for organization of referendum

The expenditures for organization of referendum shall be guaranteed by the state budget.

Article 13. Prohibited acts

1. Spread and communicate information that is deviated from issues and meanings of the referendum;

2. Use deception, bribery, coercion to hinder voters from exercising their rights or to make them vote against their wishes;

3. Forge documents, make frauds or use other tricks to falsify results of the referendum;

4. Take advantage of referendum to invade national security, social order and safety, state interests, lawful rights and benefits of regulatory agencies, organizations and individuals;

5. Violate regulations on ballots, vote counting and other provisions prescribed hereof;

Chapter II

REQUESTS FOR REFERENDUM AND DECISIONS ON REFERENDUM

Article 14. Request for referendum

1. The Standing committee of the National Assembly, the State president, the Government or at least a third of the total number of delegates of the National Assembly has the right to request the National Assembly to consider and make decisions on referendum.

2. In case at least a third of total number of delegates of the National Assembly have made the proposal for referendum on the same issue, the Standing committee of the National Assembly shall be responsible for compiling proposals from the delegates, prepare submissions as prescribed in Clause 3, this Article to the National Assembly for consideration and decisions.

Making proposals and compilation of proposals from delegates of the National Assembly are instructed in Article 33 of the Law on National Assembly.

3. Applications for referendum comprise:

a) A written request for referendum specifying the necessity of organizing the referendum, plans and measures to carry out result of the referendum;

b) Draft resolution of the National Assembly on referendum;

c) Other relevant documents (if any);

Article 15. Assessment of requests for referendum

1. The requests for referendum should be assessed by the Council of Ethic Affairs and relevant committees of the National Assembly before being submitted to the National Assembly.

2. Assessment of the requests for referendum shall focus on following issues:

a) Necessity of organizing referendum;

b) Subjects, scope of effect of the referendum;

c) Issues to be proposed for referendum;

d) Time of referendum;

dd) Plans and measures to carry out results of the referendum;

3. Assessment of requests for referendum shall be carried out in the general meeting session of the Council of Ethnic Affairs, the Committee of the National Assembly. The agency that presides over the assessment (hereinafter referred to as 'the presiding agency') shall be responsible for inviting standing representatives of the Council of Ethnic Affairs, other committees of the National Assembly and relevant agencies and organizations to attend the assessment and give opinions on issues of the requests for referendum.

The assessing body has the right to request agencies and persons who make requests for referendum to provide documents and information on issues in connection with the requests for referendum. The agencies and persons as requested shall be responsible for meeting requirements of the assessing body.

4. Assessment reports should show viewpoints of the assessing body over issues prescribed in Clause 2 of this Article; provide adequate reflection on opinions from members of the presiding agency.

Article 16. Considerations and comments on requests for referendum made by Standing committee of the National Assembly considers and 

The Standing committee of the National Assembly shall make considerations and comments on the requests for referendum as prescribed in Article 14 hereof; Upon finding the requests for referendum meet requirements as prescribed hereof, the Standing committee of the National Assembly shall put the requests in the working agenda of the National Assembly in the next meeting session and make the submission to the National Assembly for consideration and decision.

Article 17. Considerations and decisions on referendum made by National Assembly

1. The National Assembly shall consider and make decisions on referendum in following sequence:

a) Representatives of competent agencies that make requests for referendum shall present the statement of requests for referendum; in case the requests for referendum are made by delegates of the National Assembly, representatives of the standing committee of the National Assembly shall present the statement of requests for referendum;

b) Representatives of the assessing body shall present the assessment report;

c) The National Assembly shall discuss the requests for referendum in the general meeting session. d) During the discussion, representatives of the agencies that make requests for referendum may explain related issues as raised by delegates of the National Assembly;

dd) After the requests for referendum are discussed and contributed by delegates of National Assembly, the standing committee of the National Assembly shall direct and organize research, explanation, acquisition and make adjustments to the draft resolution of the National Assembly on referendum and make the report to the National Assembly.

e) The National Assembly shall vote for ratification of the resolution on referendum.

2. The resolution of the National Assembly on referendum should be approved by more than half of the total number of delegates of the National Assembly.

3. The resolution of the National Assembly on referendum should be published as prescribed by laws.

Chapter III

DUTIES AND AUTHORITY OF AGENCIES AND ORGANIZATIONS IN ORGANIZATION OF REFERENDUM

Article 18. Duties and authority of the Standing committee of the National Assembly

1. Make decisions on referendum date, early voting, delay of voting, reopening of voting;

2. Direct and instruct organization of referendum across the country;

3. Direct communication and propaganda on referendum;

4. Regulate referendum vote, specimen polling cards, polling place rules, and other forms used in the organization of referendum;

5. Request competent agencies to handle violations of the law during the organization of referendum;

6. Receive and examine reports on referendum delivered by People’s committees of provinces;

7. Establish general report on results of referendum at national level;

8. Inspect and monitor the organization of referendum;

9. Handle complaints, denunciations about results of referendum; Decisions on the handling of complaints, denunciations made by the Standing committee of the National Assembly shall be final.

10. Determine and announce result of referendum across the country and report to the National Assembly result of referendum in the next session;

Article 19. Duties and authority of the Government

1. Direct public officials, ministerial-level agencies, Governmental agencies, People’s committees at all levels to perform tasks in the referendum as prescribed by laws;

2. Direct security, social order and safety during the organization of referendum;

3. Guarantee expenditures and other necessary conditions for the organization of referendum; provide guidance on management and use of expenditures for the organization of referendum;

4. Cooperate with the Standing committee of the National Assembly in directing communication and propaganda on referendum;

5. Cooperate with the Standing committee of the National Assembly, the Presidium of the Central Committee of Vietnamese Fatherland Front in inspecting and monitoring the organization of referendum;

Article 20. Duties and authority of People’s committees at all levels

1. People’s committees of provinces have following duties and authorities:

a) Direct, inspect and speed up the organization of referendum in the administrative division of provinces in accordance with laws;

b) Direct communication and propaganda on referendum in localities;

c) Direct security, social order and safety during the organization of referendum in localities;

d) Organize printing polling cards, referendum votes, forms and other documents serving the organization of referendum in the administrative divisions; allocate expenditures and guarantee other necessary conditions for the organization of referendum in the administrative divisions of provinces;

dd) Handle complaints, denunciations and violations of the law on referendum within competence;

e) Make reports on organization of referendum to the Standing committee of the National Assembly and the Government;

g) Receive and examine reports on result of referendum delivered by People’s Committees of communes; make reports on result of referendum held in its locality to the Standing committee of the National Assembly;

2. People’s committees of districts have following duties and authorities:

a) Direct, inspect and speed up the organization of referendum in the administrative division of districts in accordance with laws;

b) Ratify polling places determined by People’s Committees of communes;

c) Direct communication and propaganda on referendum, security, social order and safety during the organization of referendum in localities;

d) Handle complaints, denunciations and violations of the law during the implementation of referendum in localities within competence;

dd) Make reports on the organization of referendum to People’s committees of provinces;

e) People’s committees of districts shall exercise duties and authorities as prescribed in Clause 3 of this Article if there does not exist administrative units of communes, commune-level towns in communes;

3. People’s Committees of communes have following duties and authorities:

a) Determine polling places; establish a team of polling staff (hereinafter referred to as ‘the Team’) in every polling place;

b) Carry out communication and propaganda on referendum, security, social order and safety during the organization of referendum in localities;

c) Organize ballots in localities;

d) Handle complaints, denunciations and violations of the law during the implementation of referendum in localities within competence;

dd) Make reports on the organization of referendum to People’s committees of districts;

e) Receive and examine reports on result of vote counting delivered by the Team; make reports on result of referendum held in its locality to People’s committees of provinces, districts;

Article 21. Establishment of Team of polling staff – duties and authorities of Team of polling staff

1. The Team is established at every polling place 40 days at the latest before the date of voting. The Team comprises from nine to 11 members including a team leader, a secretary and members as representatives from regulatory agencies, political organizations, socio-political organizations, social organizations and representatives of local voters;

The People’s armed unit is determined as a private polling place with a team of polling staff from seven to nine members including a team leader, a secretary and members as representatives from the unit commander and soldiers of such unit.

In case the people’s armed unit shares a polling place with a local administrative unit, People’s Committees of communes shall agree with the commander of the people’s armed unit about the establishment of the Team from nine to 11 members including a Team leader, a secretary and members as representatives from regulatory agencies, political organizations, socio-political organizations, social organizations, representatives of local voters, commander of the armed unit and soldiers of such unit.

2. The Team shall have following duties and authorities :

a) Take charge of referendum tasks in polling places;

b) Arrange polling booths and prepare ballot boxes;

c) Receive documents and referendum votes from People’s Committees of communes; deliver polling cards, referendum votes affixed with stamps of the Team to voters;

d) Make notices to voters about time and venue for voting;

dd) Ensure full compliance with regulations of the law on referendum and polling place rules;

e) Count votes and make a written record of vote counting; deliver the written record to People’s Committees of communes;

g) Handle complaints, denunciations lodged by voters; report complaints, denunciations beyond competence to People’s Committees of communes;

h) Transfer the written record of vote counting and all referendum votes to People’s Committees of communes;

i) Report the organization of referendum as instructed by People’s Committees of communes;

k) Re-organize voting in the polling place (if any);

3. The Team shall stop working after 30 days since the result of referendum is published.

Article 22. Assistant agency and requisition of cadres, officials and civil servants in referendum

The Standing committee of the National Assembly, People’s committees at all levels have the right to establish or assign affiliated professional bodies to act as an assistant agency in the organization of referendum ; convene cadres, officials and civil servants from regulatory agencies, political organizations, socio-political organizations, social organizations, public service providers to help carry out the tasks in connection with the organization of referendum ;

Article 23. Responsibility of regulatory agencies, the people’s armed organizations and units and citizens in the organization of referendum

Regulatory agencies, the people’s armed organizations and units and citizens shall be responsible for complying strictly with regulations of the law on referendum, creating favorable conditions for agencies and organizations in charge of referendum to exercise their duties and authority as prescribed by laws.

Chapter IV

LISTS OF VOTERS AND POLLING PLACES

Article 24. Principles of establishment of the list of voters

1. Every citizen eligible for voting shall have name recorded in the list of eligible voters.

2. Each citizen shall be eligible for voting at only one polling place where she/he temporarily or permanently resides.

3. Voters as persons being detained, taken into police custody or persons being sent to reform schools, rehabilitation centers shall have their names recorded in the lists of voters of the polling place in the immediate vicinity.

4. Voters as Vietnamese citizens who reside abroad and return to Vietnam within the period from the time the list of voters is put up to 24 hours before the time of voting should present passports with Vietnamese nationality at People’s Committees of communes where they temporarily or permanently reside to have names recorded in the list of voters ;

Article 25. Cases subject to rejection or removal of names, eligible for addition of names to the list of voters

1. Persons as prisoners under death penalty, persons who serve prison sentences without probation, or persons who are proclaimed by the Court as being incapable of civil acts shall not have their names recorded in the list of voters.

2. Persons who had their names recorded in the list of voters but are sentenced to death, imprisonment without probation or proclaimed by the Court as being incapable of civil acts to the time of voting shall have their names removed from the list of voters.

3. Persons as defined in Clause 1 of this Article shall be eligible for addition of their names to the list of voters if they are let go free or have the proclamation as ‘incapable of civil acts’ withdrawn by the Court before 24 hours to the time of voting.

4. Voters as prescribed in Clause 3, Article 24 shall have their names removed from the list of voters of the polling place in the vicinity of detention camps, prisons, reform schools, or detoxification centers and transferred to the list of voters of the polling place where they temporarily or permanently reside if they are let go free or complete their compulsory education, detoxification period before 24 hours to the time of voting.

Article 26. Authority to make a list of voters

1. List of voters by polling place shall be made by People’s Committees of communes.

If there does not exist administrative units of communes or commune-level towns, People’s committees of districts shall be responsible for making a list of voters by polling place.

2. List of voters in the people’s armed units shall be made by unit commander by unit and transferred to the list of voters of the polling place where the unit is stationed. Any soldier who has permanent residence in the vicinity of his/her garrison may be certified by the unit commander to register voting in the local administrative division where he/she permanently resides. Upon issuance of the certificate, the unit commander should immediately record in the list of voters registered at the people’s armed unit the phrase ‘voting at permanent residence’ next to his/her name.

Article 27. Putting up a list of voters

Within thirty days at the latest before the date of voting, the agency that makes a list of voters (hereinafter referred to as ‘the listing agency’) should put it up at head offices of People’s Committees of communes and other public places in the vicinity of the polling place, and make public announcement of the list of voters and the posting among the People for inspection.

Article 28. Complaints and handling of complaints about list of voters

Upon finding any mistake in the list, within 10 days since the list is put up, citizens are entitled to lodge complaints to the listing agency ;  The listing agency should record such complaints in a handbook. Within three days since receipt of the complaint, the listing agency should handle the mistake and make notifications to the person who makes the complaint.

Article 29. Voting in other places

From the time the list is put up to the date of voting, any voter who moves to other places is entitled to request People’s Committees of communes where he/she has name recorded in the list of voters to issue a certificate for voting in other places. Upon issuance of the certificate, People’s Committees of communes should immediately record in the list of voters of the polling place of their own localities the phrase “Voting in other places” next to his/her name.

Article 30. Polling places

1. Determination of polling places shall be decided by People’s Committees of communes and approved by People’s committees of districts. If there does not exist administrative units of communes, commune-level towns in communes, polling places shall be decided by People’s committees of districts.

2. Each polling place shall have from 300 - 4,000 voters except for mountainous, highland, island and sparsely populated areas where the polling place may have less than 300 voters.  

3. A private polling place may be established in following cases :

a) The people’s armed units;

b) Hospitals, convalescent homes, maternity wards, disability care centers, nursing homes (requiring only from 50 voters and over);

c) Reform schools, rehabilitation centers, detention camps;

Chapter V

COMMUNICATION AND PROPAGANDA ON REFERENDUM

Article 31. Purposes and principles of communication and propaganda on referendum

1. The purposes of communication and propaganda on referendum are to provide information about the issues proposed for referendum in an adequate manner to the people for understanding the meaning and subject matters of the referendum ; rights and obligations of voters for participation in referendum ; encourage voters to actively participate in voting.

2. Communication and propaganda on referendum shall be carried out in a way that is public, democratic, objective, scientific, lawful and convenient to voters and ensures social order and safety.

Article 32. Content of communication and propaganda on referendum

1. The necessity for referendum; purposes and viewpoints of referendum.

2. Content of referendum; plans, measures for execution of result of referendum;

3. Subjects, scope of effect of the issues proposed for referendum;

4. Time for organizing referendum;

5. Rights, obligations and responsibility of voters for participating in referendum;

Article 33. Manner of communication and propaganda on referendum

1. Release publications and official documents from the Standing committee of the National Assembly on the issues proposed for referendum ;

2. Organize communication and propaganda on referendum on mass media as prescribed by laws ;

3. Go through the voter conference organized by People’s Committees of communes ;

4. Other manners as stipulated by the Standing committee of the National Assembly;

Article 34. Responsibility of agencies, organizations for communication and propaganda on referendum

1. The Standing committee of the National Assembly shall preside over and cooperate with the Government in directing the communication and propaganda on referendum across the country ; People’s committees at all levels shall be responsible for directing the communication and propaganda in localities.

2. Central and local media agencies shall be responsible for carrying out communication and propaganda on referendum and organization of referendum according to regulations of the laws, instructions of the Standing committee of the National Assembly, the Government and People’s committees at all levels.

3. Regulatory agencies, socio-political organizations, social organizations, the people’s armed units and local authorities within duties and authority shall be responsible for participating and facilitating the tasks of communication and propaganda on referendum in the agencies, organizations, units and localities of their own.

Chapter VI

SEQUENCE AND PROCEDURES ON VOTING ; RIGHTS AND OBLIGATIONS OF VOTERS FOR REFERENDUM

Article 35. Referendum votes

1. Referendum votes shall be used with uniformity across the country.

2. Information of the referendum vote should be complete, clear, objective, accurate and explicit.

3. The Standing committee of the National Assembly shall provide specific regulations on content and manner of referendum votes;

Article 36. Public announcement of time and venue of voting

Within 10 days since the date of voting, the Team should make regular notices to local voters about the time and venue of voting by means of posting, broadcasting and other local media.

Article 37. Time of voting

1. Voting starts at 7:00am and ends at 7:00pm on the same day. Depending on each locality, the Team may choose start time or end time at their will but not earlier than 5:00 a.m and not later than 9:00pm respectively on the same day.

In some case, the voting may end earlier but should not be earlier than 3:00 p.m.

2. Before the voting, the Team should check ballot boxes in front of voters.

3. Voting process should be uninterrupted. If some unexpected event causes the voting process to stop, the Team shall immediately seal all ballot boxes and related documents, make reports to People’s Committees of communes and at the same time come up with necessary measures to ensure resumption of the voting.

Article 38. Early voting and delay in voting

In special cases, early voting or delay in voting is necessary for a number of polling places, one or more administrative units of communes, districts, the People’s committees of relevant districts, communes shall make immediate report to People’s committees of provinces for submission to the Standing committee of the National Assembly for consideration and decision.

Article 39. Rights and obligations of voters and principles of voting

1. Voting is rights and obligations of voters ; every voter shall be responsible for participating.

2. Each voter is entitled to cast one vote.

3. Every voter has to cast the vote of his/her own without having others cast the vote instead unless otherwise as regulated in Clause 7 of this Article. Voters should present polling cards when voting.

4. For any voter who is unable to be present at the polling place because of sickness, being old and weak, disability, the Team shall bring the ballot box and referendum vote to his/her residence or treatment place for casting the vote. For voters as persons being detained in detention camps or sent to reform schools, rehabilitation centers where private polling places are not available, the Team shall bring ballot boxes and referendum votes to detention camps, reform schools and rehabilitation centers for the voters to cast their votes.

5. Votes shall be cast in secret.

6. If a vote is damaged, the voter may change for another.

7. The voter may have others write in pen on a vote instead but the vote must be cast by the voter himself/herself ; the person who does the favor should keep the information secret. If the voter is unable to cast the vote himself/herself because of disability, he/she may ask others to do it instead.

8. When the voter is done with the casting, the Team shall stamp ‘Voted’ mark on the polling card.

9. Everyone should comply with polling place rules.

Chapter VII

RESULTS OF REFERENDUM

Section 1. VOTE COUNTING

Article 40. Vote counting

Vote counting shall be carried out at the polling place immediately after the voting is done.

Before the ballot box is opened, the Team shall tally up the unused votes, affix the seals and make the written record with presence of two voters as witnesses.

Article 41. Ineligible votes

1. Following votes shall be considered as ineligible:

a) Not in compliance with the form as stipulated by the Team;

b) Not affixed with the stamp by the Team;

c) Marked with more than one option as prescribed;

d) All options left vacant;

dd) Unasked information added;

2. If one vote is found as ineligible, leader of the Team shall present it to all of its members for consideration and decision. The Team should not cross out or make corrections on the vote.

Article 42. Complaints, denunciations about vote counting

Complaints, denunciations about signs of violations of laws on vote counting shall be received and handled by the Team. The handling of complaints, denunciations shall be made into a written record.

In case of being incapable of handling the case, the Team shall write its opinions on the written record and deliver it to People’s Committees of communes after the voting is done.

Article 43. Written record of vote counting made by the Team

1. After the vote counting is done, the Team shall make a written record of the vote counting. The written record shall include following information:

a) Total number of voters of the polling place;

b) Number of voters casting votes;

c) Number of votes delivered;

d) Number of votes collected;

dd) Number of eligible votes;

e) Number of ineligible votes;

g) Number of ‘yes’ votes for each option;

h) Number of ‘no’ votes for each option;

i) Complaints, denunciations received; complaints, denunciations settled and results of settlement; complaints, denunciations delivered to People’s Committees of communes;

2. The written record shall be made into two copies signed by the team leader, secretary and two voters invited as witnesses to the vote counting. The written record accompanied by all the votes shall be affixed with the seals and delivered to People’s Committees of communes three days at the latest after the date of voting for compilation and storage.

Section 2. RESULTS OF REFERENDUM

Section 44. Results of referendum

1. The referendum is considered as eligible if the number of voters casting votes reaches at least three-fourths of the total number of voters across the country.

2. Issues of referendum that are voted for by more than half of the number of eligible votes shall come into force; referendums on the Constitution as prescribed in Clause 1, Article 6 hereof shall be decided by at least two-thirds of the number of eligible votes.

Article 45. Reports on result of referendum by People’s Committees of communes

1. Upon receipt of the written record of the vote counting from teams of polling staff, People’s Committees of communes shall inspect such records and make the report on result of referendum in their localities. Reports on results of referendum by People’s Committees of communes should include following information:

a) Total number of voters in the administrative division of communes;

b) Total number of voters casting votes;

c) Number of votes delivered;

d) Number of votes collected;

dd) Number of eligible votes;

e) Number of ineligible votes;

g) Number of ‘yes’ votes for each option;

h) Number of ‘no’ votes for each option;

i) Complaints, denunciations received; complaints, denunciations settled and results of settlement; complaints, denunciations delivered to People’s Committees of higher levels;

2. The report shall be made into three copies, one delivered to People’s committees of districts, one to People’s committees of provinces five days at the latest after the date of voting accompanied by the written record of vote counting made by the Team, and one for storage as archives.

Article 46. Reports on result of referendum by People’s Committees of provinces

1. Upon receipt of reports from People’s Committees of communes, People’s Committees of provinces shall inspect such reports, compile and make the report on results of referendum in their localities. Reports on results of referendum by People’s Committees of provinces should include following information:

a) Total number of voters in the administrative division of provinces;

b) Total number of voters casting votes;

c) Number of votes delivered;

d) Number of votes collected;

dd) Number of eligible votes;

e) Number of ineligible votes;

g) Number of ‘yes’ votes for each option;

h) Number of ‘no’ votes for each option;

i) Complaints, denunciations received; complaints, denunciations settled and results of settlement; complaints, denunciations delivered to the Standing committee of the National Assembly;

2. The report shall be made into two copies, one delivered to the Standing committee of the National Assembly nine days at the latest after the date of voting accompanied by the written record of vote counting made by the Team, and one for storage as archives.

Article 47. Re-opening of voting

The Standing committee of the National Assembly shall terminate result of voting at the polling places found seriously contravening the law and decide the date for re-opening of voting in such places.

Re-opening of voting shall be held 15 days at the latest after the date of first voting.

Article 48. Determination and announcement of result of referendum

1. After receiving and inspecting reports on result of referendum from People’s committees of provinces and the settlement of complaints, denunciations (if any), the Standing committee of the National Assembly shall adopt a resolution determining the result of referendum across the country.

2. The resolution determining the result of referendum adopted by the Standing committee of the National Assembly shall include following information:

a) Date of voting;

b) Total number of voters nationwide;

c) Total number of voters casting votes in comparison with total number of voters nation-wide;

d) Total number of eligible votes;

dd) Total number of ineligible votes;

e) Number of ‘yes’ votes for each option in comparison with total number of eligible votes;

e) Number of ‘yes’ votes for each option in comparison with total number of eligible votes;

h) Result of referendum;

3. The resolution adopted by the Standing committee of the National Assembly shall be announced 15 days at the latest since the date of voting; in case of re-opening of voting, the announcement of the result shall be made at least 15 days since the date of re-opening of voting.

Article 49. Reports to National Assembly on result of referendum

1. The Standing committee of the National Assembly shall be responsible for making report to the National Assembly on the result of referendum in the next meeting session.

2. Based on the result of referendum, the National Assembly shall decide necessary measures to ensure the execution of the result.

Chapter VIII

HANDLING OF VIOLATIONS AND IMPLEMENTARY PROVISIONS

Article 50. Handling of violations in referendum

1. Any person who commits violations as prescribed hereof, depending on nature and severity of the violations, shall be disciplined, penalized for administrative violations or liable to criminal prosecution.

2. Any person who obstructs or commits acts of revenge for complaints, denunciations, depending on nature and severity of the violations, shall be disciplined, penalized for administrative violations or liable to criminal prosecution.

Article 51. Effect

This Law takes effect since July 01, 2016.

Article 52. Detailed regulations and instructions on implementation

The Standing committee of the National Assembly, the Government shall provide detailed regulations on articles and provisions as prescribed hereof and instructions on the implementation of this Law.

This Law has been adopted in November 25, 2015 by the 13th National Assembly of the Socialist Republic of Vietnam in the 10th meeting session.

 

 

CHAIRMAN OF NATIONAL ASSEMBLY




Nguyen Sinh Hung

 

 

 


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    Văn bản sửa đổi, bổ sung

      Văn bản bị đính chính

        Văn bản được hướng dẫn

          Văn bản đính chính

            Văn bản bị thay thế

              Văn bản hiện thời

              Law No. 96/2015/QH13 on referendum
              Loại văn bảnLuật
              Số hiệu96/2015/QH13
              Cơ quan ban hànhQuốc hội
              Người kýNguyễn Sinh Hùng
              Ngày ban hành25/11/2015
              Ngày hiệu lực01/07/2016
              Ngày công báo...
              Số công báo
              Lĩnh vựcQuyền dân sự
              Tình trạng hiệu lựcCòn hiệu lực
              Cập nhật6 năm trước

              Văn bản thay thế

                Văn bản hướng dẫn

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                      Văn bản gốc Law No. 96/2015/QH13 on referendum

                      Lịch sử hiệu lực Law No. 96/2015/QH13 on referendum

                      • 25/11/2015

                        Văn bản được ban hành

                        Trạng thái: Chưa có hiệu lực

                      • 01/07/2016

                        Văn bản có hiệu lực

                        Trạng thái: Có hiệu lực