Cases subject to rejection or removal of names, eligible for addition of names to the list of voters in Vietnam

Cases subject to rejection or removal of names, eligible for addition of names to the list of voters in Vietnam (Internet image)

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

1. Principles of establishment of the list of voters in Vietnam

Principles of establishment of the list of voters in Vietnam according to Article 24 of the Law on Referendum 2015 are as follows:

- Every citizen eligible for voting shall have name recorded in the list of eligible voters.

- Each citizen shall be eligible for voting at only one polling place where she/he temporarily or permanently resides.

- Voters as persons being detained, taken into police custody or persons being sent to reform schools, rehabilitation centers shall have their names recorded in the lists of voters of the polling place in the immediate vicinity.

- Voters as Vietnamese citizens who reside abroad and return to Vietnam within the period from the time the list of voters is put up to 24 hours before the time of voting should present passports with Vietnamese nationality at People’s Committees of communes where they temporarily or permanently reside to have names recorded in the list of voters ;

2. Cases subject to rejection or removal of names, eligible for addition of names to the list of voters in Vietnam

Cases subject to rejection or removal of names, eligible for addition of names to the list of voters according to Article 25 of the Law on Referendum 2015 are as follows:

- Persons as prisoners under death penalty, persons who serve prison sentences without probation, or persons who are proclaimed by the Court as being incapable of civil acts shall not have their names recorded in the list of voters.

- Persons who had their names recorded in the list of voters but are sentenced to death, imprisonment without probation or proclaimed by the Court as being incapable of civil acts to the time of voting shall have their names removed from the list of voters.

- Persons as defined in Clause 1 of this Article shall be eligible for addition of their names to the list of voters if they are let go free or have the proclamation as ‘incapable of civil acts’ withdrawn by the Court before 24 hours to the time of voting.

- Voters as prescribed in Clause 3, Article 24 shall have their names removed from the list of voters of the polling place in the vicinity of detention camps, prisons, reform schools, or detoxification centers and transferred to the list of voters of the polling place where they temporarily or permanently reside if they are let go free or complete their compulsory education, detoxification period before 24 hours to the time of voting.

3. Authority to make a list of voters in Vietnam

Authority to make a list of voters in Vietnam according to Article 26 of the Law on Referendum 2015 is as follows:

- List of voters by polling place shall be made by People’s Committees of communes.

If there does not exist administrative units of communes or commune-level towns, People’s committees of districts shall be responsible for making a list of voters by polling place.

- List of voters in the people’s armed units shall be made by unit commander by unit and transferred to the list of voters of the polling place where the unit is stationed. Any soldier who has permanent residence in the vicinity of his/her garrison may be certified by the unit commander to register voting in the local administrative division where he/she permanently resides. Upon issuance of the certificate, the unit commander should immediately record in the list of voters registered at the people’s armed unit the phrase ‘voting at permanent residence’ next to his/her name.

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