Chương VII Luật trưng cầu ý dân 2015: Kết quả trưng cầu ý dân

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.

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