Chương IV Luật trưng cầu ý dân 2015: Danh sách cử tri và khu vực bỏ phiếu trưng cầu ý dân

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of their names to the list of voters if they are let go free or have the proclamation as ‘incapable of civil acts’ withdrawn by the Court before 24 hours to the time of voting.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;