Supplementary Provisions on the Duration for Soliciting Voter Opinions Regarding the Establishment, Dissolution, Merger, Division, and Adjustment of Administrative Boundaries in Decree 54/2018/ND-CP
Supplementing Regulations on the Time for Collecting Voter Opinions on the Establishment, Dissolution, Merger, Division, and Adjustment of Administrative Boundaries in Decree 54/2018/ND-CP?
On August 24, 2023, the Government of Vietnam promulgated Decree 66/2023/ND-CP amending and supplementing several Articles of Decree 54/2018/ND-CP guiding the collection of voter opinions on the establishment, dissolution, merger, division, and adjustment of administrative boundaries.
At Article 11 of Decree 54/2018/ND-CP, regulations on the time for collecting voter opinions on the establishment, dissolution, merger, division, and adjustment of administrative boundaries are as follows:
Time for Collecting Opinions
1. For the establishment, dissolution, merger, division, and adjustment of provincial-level administrative boundaries
a) After constructing the Scheme for the establishment, dissolution, merger, division, and adjustment of administrative boundaries, the Ministry of Home Affairs issues a document with the model opinion collection form and related materials to the provincial People's Committee to organize the collection of voter opinions in the provincial area;
b) Within a maximum period of 5 working days from the date of receiving the document from the Ministry of Home Affairs, the provincial People's Committee issues a document with the model opinion collection form and related materials to the district People's Committee to direct and guide the commune People's Committee in organizing the collection of voter opinions in the district area;
c) Within a maximum period of 5 working days from the date of receiving the document from the provincial People's Committee, the district People's Committee issues a document with the model opinion collection form and related materials to the commune People's Committee to direct and guide the commune People's Committee in organizing the collection of voter opinions by each village, residential group;
d) Within a maximum period of 60 days from the date of receiving the document from the district People's Committee, the commune People's Committee completes the collection of voter opinions according to the provisions of the Law on the Organization of Local Government and this Decree;
e) Within a maximum period of 5 working days from the date of completing the collection of voter opinions, the commune People's Committee consolidates and reports the results of the voter opinion collection in the area to the People's Council at the same level and the district People's Committee.
Within a maximum period of 5 working days from the date of receiving the report on the results of the voter opinion collection from the lower People's Committee, the provincial and district People's Committees consolidate and report the results of the voter opinion collection in the area to the competent authorities according to the provisions of the Law on the Organization of Local Government and this Decree.
2. For the establishment, dissolution, merger, division, and adjustment of district-level and commune-level administrative boundaries
a) After constructing the Scheme for the establishment, dissolution, merger, division, and adjustment of administrative boundaries, the provincial People's Committee issues a document with the model opinion collection form and related materials to the district People's Committee to direct and guide the commune People's Committee in organizing the collection of voter opinions in the district area;
b) Within a maximum period of 5 working days from the date of receiving the document from the provincial People's Committee, the district People's Committee issues a document with the model opinion collection form and related materials to the commune People's Committee to direct and guide the commune People's Committee in organizing the collection of voter opinions by each village, residential group;
c) Within a maximum period of 60 days from the date of receiving the document from the district People's Committee, the commune People's Committee organizes and completes the collection of voter opinions according to the provisions of the Law on the Organization of Local Government and this Decree;
d) Within a maximum period of 5 working days from the date of completing the collection of voter opinions, the commune People's Committee consolidates and reports the results of the voter opinion collection in the area to the People's Council at the same level and the district People's Committee.
Within a maximum period of 5 working days from the date of receiving the report on the results of the voter opinion collection from the lower People's Committee, the provincial and district People's Committees consolidate and report the results of the voter opinion collection in the area to the competent authorities according to the provisions of the Law on the Organization of Local Government and this Decree.
In Clause 3, Article 1 of Decree 66/2023/ND-CP, additional time is provided for collecting opinions on the establishment, dissolution, merger, division, and adjustment of administrative boundaries:
Amendments, supplements, and abrogations of a number of Articles of Decree No. 54/2018/ND-CP dated April 16, 2018, of the Government of Vietnam guiding the collection of voter opinions on the establishment, dissolution, merger, division, and adjustment of administrative boundaries
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3. Adding Clause 3 to Article 11 as follows:
3. For commune-level administrative units that do not organize the People's Council, the commune People's Committee consolidates and reports the results of the voter opinion collection in the area to the district People's Committee; the remaining contents are implemented according to the provisions of Clauses 1 and 2 of this Article.
Thus, from August 25, 2023, for cases where the commune-level administrative unit does not organize the People's Council, the commune People's Committee consolidates and reports the results of the voter opinion collection in the area to the district People's Committee, and the remaining contents are implemented according to the provisions of Clauses 1 and 2 of Article 11 of Decree 54/2018/ND-CP.
Supplementing regulations on the time for collecting voter opinions on the establishment, dissolution, merger, division, and adjustment of administrative boundaries in Decree 54/2018/ND-CP?
What are the documents serving the collection of voter opinions on the establishment, dissolution, merger, division, and adjustment of administrative boundaries?
At Clause 1, Article 12 of Decree 54/2018/ND-CP, regulations on documents serving the collection of voter opinions include:
* Documents serving the collection of opinions include:
- Scheme for the establishment, dissolution, merger, division, and adjustment of administrative boundaries.
- Summary of the project, including the following contents: Plan for the establishment, dissolution, merger, division, and adjustment of administrative boundaries; summary assessment of the standards of the administrative unit (if any) and the conditions for the establishment, dissolution, merger, division, and adjustment of administrative boundaries; list of documents on the policies and orientations of the Communist Party and the Government.
What are the rights and obligations of voters in participating in the collection of opinions on the establishment, dissolution, merger, division, and adjustment of administrative boundaries?
The rights and obligations of voters are regulated at Article 13 of Decree 54/2018/ND-CP and include:
- Every voter has the right and obligation to participate when the competent authority organizes the collection of voter opinions.
- Each voter has the right to express their opinion, agreeing or disagreeing, on the opinion collection form.
- Voters must write and sign the opinion collection form themselves and cannot ask others to write on their behalf, except in the cases specified in Clause 4, Article 13 of Decree 54/2018/ND-CP.
- In case voters are illiterate or do not know Vietnamese, or voters with disabilities who cannot mark and sign the opinion collection form themselves, they can ask a family member or a close person to help.
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