What is the application for referendum in Vietnam? What issues does the assessment of the requests for referendum focus on?
What is a request for referendum in Vietnam?
Based on the explanation in Clause 2, Article 3 of the Law on Referendum 2015 as follows:
Requests for referendum means agencies, competent persons as prescribed hereof who propose issues for referendum to the National Assembly for consideration and decision
Accordingly, requests for referendum means agencies, competent persons as prescribed hereof who propose issues for referendum to the National Assembly for consideration and decision
What is the application for referendum in Vietnam? What issues does the assessment of the requests for referendum focus on?
What is the application for referendum in Vietnam?
The referendum request dossier includes the documents specified in Clause 3, Article 14 of the Law on Referendum 2015 as follows:
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);
Accordingly, applications for referendum comprise:
- A written request for referendum specifying the necessity of organizing the referendum, plans and measures to carry out result of the referendum;
- Draft resolution of the National Assembly on referendum;
- Other relevant documents (if any);
Vietnam: What issues does the assessment of the requests for referendum focus on?
The verification of a referendum request is stipulated in Article 15 of the Law on Referendum 2015 as follows:
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.
Thus, the assessment of requests for referendum is regulated as follows:
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.
Assessment of the requests for referendum shall focus on following issues:
- Necessity of organizing referendum;
- Subjects, scope of effect of the referendum;
- Issues to be proposed for referendum;
- Time of referendum;
- Plans and measures to carry out results of the referendum;
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.
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