What is a referendum? What are the cases in Vietnam when referendum is not held? – Duy Hai (Tra Vinh, Vietnam)
What is a referendum? Cases in Vietnam when referendum is not held (Internet image)
1. What is a referendum?
According to Clause 1, Article 3 of the Law on Referendum 2015, referendum means an occasion held by the state for all the people in the country to vote on important issues according to the Law on Referendum 2015.
2. Cases in Vietnam when referendum is not held
Cases when referendum is not held as prescribed in Article 9 of the Law on Referendum 2015 include:
- Result of previous referendum shall not be held again within 24 months since it was published.
- No referendum shall be held during a declaration of war or state of emergency across the country, or within six months since a state of war or state of emergency is annulled across the country.
3. Referendum principles in Vietnam
- Guarantee people’s expression of their wills on making decisions on important issues of the country; strengthen national great solidarity and social consensus;
- Exercise principles of popularity, equality, and secret ballots in referendum;
- Referendum should be held according to sequence and procedures as prescribed in this Law.
(Article 4 of the Law on Referendum 2015)
4. Issues for referendum in Vietnam
The National Assembly shall consider and decide referendum for following issues:
- Full text or some important issues of the Constitution;
- Issues of particular importance on sovereignty, national territory, national defense and security, foreign affairs having effects on national interests;
- Socio-economic issues of particular importance having great effect on the development of the country;
- Other important issues of the country;
(Article 6 of the Law on Referendum 2015)
5. Effect of referendum results in Vietnam
Effect of referendum results is specified in Article 11 of the Law on Referendum 2015 as follows:
- Referendum results shall be the decisive factor in the issues called for referendum and take effect since the date of publication.
- Every regulatory agency, organization and individual should respect the referendum result.
- Regulatory agencies, organizations and individuals within duties and authority shall be responsible for organizing and ensuring strict compliance with the referendum results.
6. Prohibited acts regarding referendum in Vietnam
- Spread and communicate information that is deviated from issues and meanings of the referendum;
- Use deception, bribery, coercion to hinder voters from exercising their rights or to make them vote against their wishes;
- Forge documents, make frauds or use other tricks to falsify results of the referendum;
- Take advantage of referendum to invade national security, social order and safety, state interests, lawful rights and benefits of regulatory agencies, organizations and individuals;
- Violate regulations on ballots, vote counting and other provisions prescribed hereof;
(Article 13 of the Law on Referendum 2015)
Diem My
- Key word:
- referendum in Vietnam