Documents for Collecting Voter Opinions on the Establishment, Dissolution, Merger, Division, and Adjustment of Administrative Unit Boundaries: What Documents Are Included?
Which Documents are Required for Voter Consultation on the Establishment, Dissolution, Merging, Division, or Adjustment of Administrative Unit Boundaries?
Clause 1 Article 12 of Decree 54/2018/ND-CP stipulates the documents required for voter consultation as follows:
* Documents Supporting Voter Consultation Include:
- Scheme for the establishment, dissolution, merging, division, or adjustment of administrative unit boundaries.
- Summary of the proposal, including the following contents: Plan for the establishment, dissolution, merging, division, or adjustment of administrative unit boundaries; a brief assessment of the standards of the administrative unit (if any), and the conditions for the establishment, dissolution, merging, division, or adjustment of administrative unit boundaries; a list of documents on the policies and directions of the Communist Party and the State.
Documents supporting voter consultation on the establishment, dissolution, merging, division, or adjustment of administrative unit boundaries
What are the Rights and Obligations of Voters in Participating in Consultation on the Establishment, Dissolution, Merging, Division, or Adjustment of Administrative Unit Boundaries?
The rights and obligations of voters are stipulated in Article 13 of Decree 54/2018/ND-CP as follows:
- Every voter has the right and obligation to participate when the competent authority organizes voter consultation.
- Each voter has the right to express their agreement or disagreement on the Consultation Form.
- Voters must write and sign the Consultation Form themselves; they cannot ask others to write on their behalf, except as stipulated in Clause 4 Article 13 of Decree 54/2018/ND-CP.
- In cases where voters are illiterate, do not understand Vietnamese, or are disabled and unable to mark and sign the Consultation Form, they can ask a family member or relative to write on their behalf.
What is the Principle for Creating the Voter List for Distributing Consultation Forms?
According to Article 4 of Decree 54/2018/ND-CP, as amended by Clause 2 Article 1 of Decree 66/2023/ND-CP, the rules are as follows:
Principle for Creating the Voter List for Distributing Consultation Forms
1. Citizens with the right to vote according to Article 2 of the Law on Election of Deputies to the National Assembly and Deputies to the People's Councils are recorded in the voter list to receive consultation forms regarding the establishment, dissolution, merging, division, or adjustment of administrative unit boundaries, except for cases stipulated in Clauses 4 and 5 of this Article.
2. Voters are recorded in the voter list where they are registered for permanent or temporary residence.
If the competent authority organizes consultation on the establishment, dissolution, merging, division, or adjustment of boundaries of an administrative unit at both the place of the voter’s permanent and temporary residence, the voter will only be recorded in the voter list at their place of permanent residence.
3. Voters returning from abroad to Vietnam in the period from after the voter list is compiled by the commune-level People's Committee until 24 hours before the competent authority's decision on organizing voter consultation must present their passport indicating Vietnamese nationality to the commune-level People's Committee where they are registered for permanent or temporary residence to be recorded in the voter list and receive a consultation form.
4. Persons deprived of voting rights according to a legally effective court judgment, those sentenced to death and awaiting execution, those serving a prison sentence without a suspended sentence, and those who have lost their civil act capacity are not recorded in the voter list.
5. Voters whose permanent or temporary residence registration is deleted in the administrative unit directly affected by the establishment, dissolution, merging, division, or adjustment of boundaries after the list has been posted, and voters already named in the list but deprived of voting rights by the court, serving a prison sentence, or having lost their civil act capacity will be removed from the voter list.
6. The voter list must be posted for at least 30 days from the start of posting the list until the day of distributing consultation forms.
Thus, the principle for creating the voter list for distributing consultation forms is implemented according to the above regulations.
Citizens with the right to vote according to the Law on Election of Deputies to the National Assembly and Deputies to the People's Councils are recorded in the voter list to receive consultation forms regarding the establishment, dissolution, merging, division, or adjustment of administrative unit boundaries, except for the following cases:
- Persons deprived of voting rights according to a legally effective court judgment, those sentenced to death and awaiting execution, those serving a prison sentence without a suspended sentence, and those who have lost their civil act capacity are not recorded in the voter list.
- Voters whose permanent or temporary residence registration is deleted in the administrative unit directly affected by the establishment, dissolution, merging, division, or adjustment of boundaries after the list has been posted, and voters already named in the list but deprived of voting rights by the court, serving a prison sentence, or having lost their civil act capacity will be removed from the voter list.
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