Decree No. 66/2023/ND-CP amends and supplements some articles of Decree No. 54/2018/ND-CP dated April 16, 2018, guiding the collection of voters' opinions on the establishment, dissolution, merger, division, and adjustment of administrative unit boundaries.

DECREE
Amending and supplementing certain articles of Decree No. 54/2018/NĐ-CP dated April 16, 2018 of the Government guiding the collection of voters' opinions on the establishment, dissolution, merger, division, and adjustment of administrative unit boundaries

||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law on Organization of Local Administration dated June 19, 2015;

Pursuant to the Law Amending and Supplementing Several Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Implementing Democracy at the Grassroots Level dated November 10, 2022;

||| Based on the proposal of the Minister of Home Affairs;

The Government promulgates this Decree amending and supplementing certain articles of Decree No. 54/2018/NĐ-CP dated April 16, 2018 of the Government guiding the collection of voters' opinions on the establishment, dissolution, merger, division, and adjustment of administrative unit boundaries.

Article 1. Amending, supplementing, and abolishing certain articles of Decree No. 54/2018/NĐ-CP dated April 16, 2018 of the Government guiding the collection of voters' opinions on the establishment, dissolution, merger, division, and adjustment of administrative unit boundaries

1. Abolish Article 2.

2. Amend and supplement Article 4 as follows:

"Article 4. Principles for compiling voter lists to distribute ballots

1. Citizens who have the right to vote according to Article 2 of the Law on Election of Deputies to the National Assembly and People's Councils shall be included in the voter list to receive ballots for collecting opinions on the establishment, dissolution, merger, division, and adjustment of administrative unit boundaries, except for the cases stipulated in Clause 4 and Clause 5 of this Article.

2. Voters shall be included in the voter list at the place where they are registered as their permanent residence or temporary residence.

In case the competent authority organizes the collection of opinions on the establishment, dissolution, merger, division, and adjustment of administrative unit boundaries affecting both the place of permanent residence and temporary residence of the voter, the voter shall only be included in the voter list at the place of their permanent residence.

3. If a voter returns from abroad to Vietnam during the period from after the voter list compiled by the People's Committee of the commune to 24 hours before the time when the competent authority decides to organize the collection of voter opinions, the voter shall present their passport indicating Vietnamese citizenship to the People's Committee of the commune where they are registered as their permanent residence or temporary residence to be included in the voter list and receive a ballot for collecting voter opinions.

4. Persons whose right to vote has been revoked according to a judgment or decision of the Court that has taken legal effect, persons sentenced to death and currently awaiting execution, persons serving a prison sentence without probation, and persons lacking civil capacity shall not be included in the voter list.

5. If a voter's registration as a permanent resident or temporary resident at the commune directly affected by the establishment, dissolution, merger, division, or adjustment of administrative unit boundaries is deleted from the list after it has been posted, and if the voter was included in the list but subsequently had their voting rights revoked by a court, were sentenced to imprisonment, or lost their civil capacity before the distribution of ballots, their name shall be removed from the voter list.

6. The voter list shall be posted for a minimum period of 30 days from the date of posting the list until the day of distributing ballots for collecting voter opinions."

3. Supplement Clause 3 of Article 11 as follows:

"3. For communes that do not organize a People's Council, the People's Committee of the commune shall compile and submit a report on the results of collecting voter opinions within its jurisdiction to the People's Committee of the district, with the remaining provisions implemented according to Clause 1 and Clause 2 of this Article."

Article 2. Transitional Provisions

For projects on the establishment, dissolution, merger, division, and adjustment of administrative unit boundaries that have been reviewed by the Ministry of Interior and submitted to the Government before the effective date of this Decree, they shall continue to be implemented according to the provisions of Decree No. 54/2018/NĐ-CP dated April 16, 2018 of the Government.

Article 3. Effectiveness

This Decree takes effect from August 25, 2023.

Article 4. Organization of Implementation

The Minister, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial and centrally-administered city People's Committees, and relevant agencies, organizations, and individuals are responsible for implementing this Decree.