Principles of making a list of voters to distribute ballots to collect opinions on adjustment of administrative boundaries in Vietnam (latest)

Principles of making a list of voters to distribute ballots to collect opinions on adjustment of administrative boundaries in Vietnam (latest) (Internet image)

Regarding this issue, LawNet would like to answer as follows:

On August 24, 2023, the Government issued Decree 66/2023/ND-CP amending a number of articles of Decree 54/2018/ND-CP on guiding the collection of voters' opinions on the establishment, dissolution, merger, division, and adjustment of administrative unit boundaries.

Principles of making a list of voters to distribute ballots to collect opinions on adjustment of administrative boundaries in Vietnam

Specifically, Decree 66/2023/ND-CP has amended the principles of making a list of voters to distribute opinion polls on adjustment of administrative boundaries as follows:

(1) Citizens have the right to vote according to the provisions of Article 2 of theLaw on election of deputies to the National Assembly and People’s councils whose names are recorded in the voter list to receive opinion forms on the establishment, dissolution, merger, division, and adjustment of administrative unit boundaries, except for the cases specified in (4) and (5).

(2) Voters may register their names on the list of voters in the places where they register their permanent residence and their temporary residence.

In the event that the competent authority organizes consultation on the establishment, dissolution, merger, division, or adjustment of boundaries for the same administrative unit in both the place where the voter registers permanent residence and temporary residence, the voter can only register his name on the voter list in the place where he/she registers permanent residence.

(3) Voters who return to Vietnam from abroad within the period after the list of voters is prepared by the People's Committee of the commune 24 hours before the competent authority decides to organize voter consultationthen go to the commune-level People's Committee to present a passport with Vietnamese nationality at the commune-level People's Committee, where they register their permanent residence and their temporary residence to be enrolled on the voter list and receive voter opinion ballots.

(4) People who are deprived of the right to vote according to legally effective court judgments or decisions, people sentenced to death who are awaiting execution, people who are serving prison sentences but are not eligible for probation, or people who have lost civil rights capacity are not allowed to be included in the voter list.

(5) Voters whose permanent residence registration or temporary residence registration at the commune-level administrative unit is directly affected by the establishment, dissolution, merger, division, or adjustment of the boundaries of the administrative unit after the list was posted will be deleted from the voter list if, at the time of distributing the opinion ballots, the court takes away the right to vote, they must serve a prison sentence, or they lose civil act capacity.

(6) The list of voters shall be posted for a minimum period of 30 days from the date of listing the list to the date of distribution of voter opinion ballots.

Prohibited acts in collecting voters' opinions on adjusting the boundaries of administrative units in Vietnam

The following acts are strictly prohibited in collecting voters' opinions on adjusting the boundaries of administrative units:

- Propagating and giving false information about the content and meaning of polling voters.

- Using tricks to deceive, bribe, coerce, or obstruct voters to prevent them from performing or carrying out the collection of voters' opinions against their wishes.

- Forging documents, cheating or using other tricks to falsify voter opinion results.

- Taking advantage of soliciting voters' opinions to incite, cause trouble, infringe upon national security, social order, and safety, infringe upon the interests of the State, and the lawful rights and interests of state agencies, organizations, and individuals.

(Article 3 of Decree 54/2018/ND-CP)

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