Decree No. 66/2023/ND-CP on Amending and Supplementing Principles for Establishing Voter Lists to Solicit Opinions on the Establishment, Dissolution, Merger, Division, and Adjustment of Administrative Unit Boundaries
Decree 66/2023/ND-CP Amending and Supplementing Principles for Establishing Voter Lists for Ballots on the Establishment, Dissolution, Merger, Division, and Adjustment of Administrative Unit Boundaries in Decree 54/2018/ND-CP: Is it correct?
On August 24, 2023, the Government of Vietnam issued Decree 66/2023/ND-CP amending and supplementing several Articles of Decree 54/2018/ND-CP providing guidance on gathering voter opinions on the establishment, dissolution, merger, division, and adjustment of administrative unit boundaries.
In Clause 2, Article 1 of Decree 66/2023/ND-CP, the principles for establishing voter lists for distributing ballots to solicit opinions are amended and supplemented as follows:
Principles for Establishing Voter Lists for Soliciting Opinions:
1. Citizens eligible to vote as prescribed in Article 2 of the Law on Election of Deputies to the National Assembly and Deputies of People's Councils shall be included in the voter list and provided ballots for gathering opinions on the establishment, dissolution, merger, division, or adjustment of administrative unit boundaries, except in cases specified in Clauses 4 and 5 of this Article.
2. Voters shall be listed in the voter list at their registered permanent and temporary residences.
In cases where competent authorities organize the solicitation of opinions on the establishment, dissolution, merger, division, or adjustment of boundaries for the same administrative unit at both the voter's registered permanent and temporary residences, the voter shall only be listed in the voter list at their registered permanent residence.
3. Voters residing abroad who return to Vietnam during the period from after the voter list is compiled by the Commune People's Committee until 24 hours before competent authorities decide to hold the solicitation of voter opinions must present their passport showing Vietnamese nationality at the Commune People's Committee of their registered permanent or temporary residence to be listed in the voter list and provided an opinion ballot.
4. Persons deprived of their voting rights by a court's legally effective judgment or decision, persons sentenced to death awaiting execution, persons serving prison sentences without suspension, and persons lacking the capacity for civil acts shall not be listed in the voter list.
5. Voters whose permanent or temporary residence registration is canceled at the commune-level administrative unit directly affected by the establishment, dissolution, merger, division, or adjustment of administrative boundaries after the list has been posted, or voters included in the list who are deprived of their voting rights by a court decision, imprisoned, or declared incapacitated before the ballot distribution, shall be removed from the voter list.
6. The voter list shall be posted for a minimum of 30 days from the start of the list posting until the day of ballot distribution for gathering voter opinions.
In Article 4 of Decree 54/2018/ND-CP, the principles for establishing voter lists for distributing ballots to solicit opinions are provided as follows:
Principles for Establishing Voter Lists for Soliciting Opinions:
1. All voters in the commune-level administrative unit directly affected by the establishment, dissolution, merger, division, or adjustment of administrative boundaries shall be included in the voter list and provided ballots for gathering opinions.
2. Each voter shall be listed in only one voter list at their registered permanent residence.
3. Voters who are detained, held, or undergoing compulsory education, or rehabilitation measures shall be included in the voter list by the Commune People's Committee of their registered permanent residence and provided ballots for gathering opinions at their place of detention, holding, or compulsory education/reeducation facility.
4. Voters residing abroad who return to Vietnam during the period from after the voter list is compiled by the Commune People's Committee until 24 hours before competent authorities decide to hold the solicitation of voter opinions must present their passport showing Vietnamese nationality at the Commune People's Committee of their registered permanent residence to be listed in the voter list and provided an opinion ballot.
5. Voters changing their residence to another administrative unit after the list has been posted or who lose their capacity for civil acts, are sentenced to prison, or stripped of their citizenship rights by a court decision before or at the beginning of voting, shall be removed from the voter list.
6. The voter list shall be posted for a period of 30 days from the start of the list posting until the day of ballot distribution for gathering voter opinions.
Thus, compared to the old regulations, the principle for establishing voter lists has been amended and supplemented in the new Decree to be more rigorous.
Additionally, the new regulations allow voters to be listed in the voter list at both their registered permanent and temporary residences.
Decree 66/2023/ND-CP amending and supplementing principles for establishing voter lists for gathering voter opinions on the establishment, dissolution, merger, division, and adjustment of administrative unit boundaries in Decree 54/2018/ND-CP: Is it correct? (Image from Internet)
What are the authorities and procedures for complaining and resolving complaints regarding voter lists for the establishment, dissolution, merger, division, and adjustment of administrative unit boundaries?
The authorities and procedures for complaining and resolving complaints regarding voter lists are stipulated in Article 5 of Decree 54/2018/ND-CP as follows:
- The Commune People's Committee is responsible for compiling and posting the voter list for distributing opinion ballots within its jurisdiction at the time of organizing the solicitation of opinions.
- Upon checking the voter list, if errors are found, within 10 days from the date the Commune People's Committee organizes the distribution of opinion ballots, citizens have the right to lodge complaints with the Commune People's Committee that compiled the voter list. The Commune People's Committee must record these complaints in a registry. Within 3 working days from the date of receiving the complaint, the Commune People's Committee must resolve and notify the complainant of the resolution outcome.
- If the complainant is not satisfied with the resolution outcome or if the complaint is not resolved within the specified period, they have the right to file a lawsuit with the People's Court according to the administrative procedural law.
- For district-level administrative units that do not organize commune-level administrative units, the district People's Committee is responsible for compiling, posting the voter list, and performing other duties and powers of the Commune People's Committee as prescribed in Article 131 of the Law on Organization of Local Government 2015 and Decree 54/2018/ND-CP.
How many forms of information and propaganda are there for gathering voter opinions on the establishment, dissolution, merger, division, and adjustment of administrative unit boundaries?
Article 8 of Decree 54/2018/ND-CP stipulates two forms of information and propaganda for gathering voter opinions as follows:
- Organize information and propaganda on gathering opinions through mass media and local grassroots information systems as prescribed by law.
- Disseminate at voter conferences organized by the Commune People's Committee and during village, hamlet, hamlet, neighborhood, residential group, street quarter, and block meetings, etc. (hereinafter collectively referred to as village and residential group) within the commune-level administrative unit.
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