Regulations on violations against law on voting in Vietnam

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1. Regulations on violations against law on voting in Vietnam

According to Article 95 of the Law on election of deputies to the National Assembly and People’s councils, violations against law on voting in Vietnam are as follows:

- Any person who resorts to cheating, inducement or coercion to hinder the citizens’ voting and candidacy;

- Any person who commits violations against regulations of law on election campaigns;

- Any person responsible for the electoral work who forges documents, commits fraudulence in the vote count or resort to other tricks to falsify the election result shall, depending on the severity of the violation, be disciplined, subject to administrative sanctions or liable to criminal prosecution.

Thus, depending on the nature and seriousness of the violation, they will be disciplined or examined for penal liability.

2. What are the penalties for violations against law on voting in Vietnam? 

Criminal liabilities:

According to Article 160 of the Penal Code 2015, the fine levels for crimes of infringing upon the right to vote, stand for election or vote when the State holds a referendum of specific citizens:

- A person who uses deception, bribery, coercion or otherwise obstructs a citizen from exercising his/her right to vote, self-nominate or vote upon a referendum held by the State shall receive a warning or face a penalty of up to 01 year' community sentence or 03 - 12 months' imprisonment.

- This offence committed in any of the following circumstances carries a penalty of 01 - 02 years' imprisonment:

+ The offence is committed by an organized group;

+ The offence involves abuse of the offender's her position or power;

+ The offence results in postponement of the election day, re-election or postponement of the referendum.

In addition, the offender might be forbidden from holding certain positions for 01 - 05 years.

At the same time, according to Article 161 of the Penal Code 2015, which stipulates the penalties for falsification of election or referendum result

- Any person who is responsible for organizing, supervising the election or organizing the referendum and fabricate documents, votes or otherwise falsifies the election or referendum result shall face a penalty of up to 02 years' community sentence or 03 - 24 months' imprisonment.

- This offence committed in any of the following circumstances carries a penalty of 01 - 03 years' imprisonment:

+ The offence is committed by an organized group;

+ The offence results in postponement of the election or referendum.

In addition, the offender might be forbidden from holding certain positions for 01 - 05 years.

Disciplinary measures:

If the violator is a Party member, depending on the content of the violation, he will be handled according to Article 27 of Regulation 69-QD/TW as follows:

- Persons assigned tasks in organizing and conducting elections but lacking responsibility in checking, appraising, and considering candidacy dossiers, leading to errors in the election process; improper or incomplete implementation of electoral processes and procedures, leading to errors in the election process... may be disciplined in the form of a reprimand.

- Persons who organize acts of forging papers, rigging votes, or using other tricks to falsify election results shall be disciplined in the form of expulsion...

- The candidate for National Assembly or People's Council deputies commits violations of the law on election (such as declaring untruthful candidate records, lying, falsifying information, violating regulations on election campaigns, etc.) may have their name removed from the official list of candidates or, if elected, they will not be recognized as a member of the National Assembly or People's Council.

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