Chương II Luật trưng cầu ý dân 2015: Đề nghị trưng cầu ý dân và quyết định việc trưng cầu ý dân

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.