Chương I Luật trưng cầu ý dân 2015: Những quy định chung

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;