Law on Referendum No. 96/2015/QH13

LAW

POPULAR REFERENDUM

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On the basis of the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Popular Referendum Law.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law stipulates on the popular referendum; principles of the popular referendum; tasks and powers of agencies and organizations in conducting the popular referendum; procedures and formalities for deciding to conduct the popular referendum and organizing the popular referendum; results and effect of the popular referendum results.

Article 2. Applicability

This Law applies to citizens of the Socialist Republic of Vietnam and agencies, organizations, and units related thereto.

Article 3. Explanation of Terms

In this Law, the following terms shall be understood as follows:

1. Popular referendum is the act of the State organizing for all voters nationwide to directly vote by ballot to decide important issues of the country as prescribed by this Law.

2. Proposal for popular referendum is the act of agencies or persons with authority as prescribed by this Law proposing issues to be referred to the National Assembly for consideration and decision.

3. Ballot for popular referendum is the form prescribed by the Standing Committee of the National Assembly, containing the clear content of the popular referendum to be used in each referendum.

4. Voter is a person who has the right to vote in the popular referendum according to this Law.

Article 4. Principles of the popular referendum

1. Ensuring that the people can directly express their will in deciding important issues of the country; strengthening the great national solidarity and social consensus.

2. Implementing the principle of universal suffrage, equality, direct voting, and secret ballot when conducting the popular referendum.

3. The popular referendum must be conducted according to the procedures and formalities prescribed by this Law.

Article 5. Persons having the right to vote in the popular referendum

Citizens of the Socialist Republic of Vietnam who have reached eighteen years of age as of the date of the popular referendum have the right to vote to express their opinion when the State organizes the popular referendum, except in cases provided for in Clause 1 and Clause 2 of Article 25 of this Law.

Article 6. Issues of the popular referendum

The National Assembly considers and decides to conduct the popular referendum on the following issues:

1. The full text of the Constitution or some important contents of the Constitution;

2. Special important issues regarding sovereignty, national territory, national defense, security, and foreign relations affecting the interests of the nation;

3. Special important issues regarding the economy and society affecting the development of the country;

4. Other special important issues of the country.

Article 7. Scope of organization of the popular referendum

The popular referendum shall be conducted throughout the country.

Article 8. Voting day for the popular referendum

The voting day for the popular referendum is Sunday, decided by the Standing Committee of the National Assembly and announced at least 60 days before the voting day for the popular referendum.

Article 9. Cases where the popular referendum shall not be organized

1. Not reorganizing the popular referendum on the content that has been subject to the popular referendum within twenty-four months from the date the results of the popular referendum are announced.

2. Not organizing the popular referendum during the period of declaration of war, state of emergency throughout the country or within six months from the date of lifting the state of war, lifting the state of emergency throughout the country.

Article 10. Supervision of the organization of the popular referendum

1. The National Assembly, its agencies, Delegations of National Assembly members, National Assembly deputies, People's Councils, Standing Committees of People's Councils, Committees of People's Councils, Delegations of People's Council members, People's Council deputies supervise the organization of the popular referendum within their respective duties and powers.

2. The Vietnam Fatherland Front, member organizations of the Vietnam Fatherland Front, and the people supervise the organization of the popular referendum in accordance with the provisions of the law.

Article 11. Effectiveness of the referendum results

1. The referendum results shall be decisive for the issues put to referendum and shall take effect from the date of publication.

2. All state agencies, organizations, and individuals must respect the referendum results.

3. State agencies, organizations, and individuals within their respective duties and authorities shall be responsible for organizing and ensuring strict implementation of the referendum results.

Article 12. Budget for organizing referendums

The budget for organizing referendums shall be guaranteed by the state budget.

Article 13. Prohibited Acts

1. Propaganda and dissemination of false information about the content and significance of the referendum.

2. Using fraudulent means, bribery, coercion, or obstruction to prevent voters from voting or to make them vote contrary to their wishes in the referendum.

3. Forging documents, cheating, or using other means to distort the referendum results.

4. Exploiting the referendum to infringe upon national security, public order, social safety, the interests of the State, and the legitimate rights and interests of state agencies, organizations, and individuals.

5. Violating regulations on voting and counting ballots in referendums, and other provisions of this Law.

Chapter II

PETITION FOR REFERENDUM AND DECISION ON THE MATTER

POPULAR REFERENDUM

Article 14. Petition for Referendum

1. The Standing Committee of the National Assembly, the President of the State, the Government, or at least one-third of the total number of National Assembly deputies have the right to petition the National Assembly to consider and decide on holding a referendum.

2. In cases where one-third or more of the total number of National Assembly deputies petition the National Assembly to decide on holding a referendum on the same issue, the Standing Committee of the National Assembly shall be responsible for consolidating the petitions of National Assembly deputies, preparing files in accordance with Clause 3 of this Article to submit to the National Assembly for consideration and decision.

The petitioning and consolidation of petitions by National Assembly deputies shall be carried out in accordance with Article 33 of the Law on the Organization of the National Assembly.

3. The petition file for referendum includes:

a) A proposal for the referendum, clearly stating the necessity of organizing the referendum, the content to be referred, the proposed timing for the referendum, and plans and solutions to implement the referendum results;

b) Draft resolution of the National Assembly on the referendum.

c) Other related documents (if any).

Article 15. Examination of Petitions for Referendum

1. Before submitting to the National Assembly, the petition for referendum must be examined by the National Assembly's Ethnic Council and relevant Committees.

2. The examination of the petition for referendum focuses on the following issues:

a) The necessity of organizing the referendum;

b) The target group and scope of impact of the referendum issue;

c) The content to be referred;

d) The timing of the referendum;

e) Plans and solutions to implement the referendum results.

3. The examination of the petition for referendum must be conducted at a plenary session of the National Assembly's Ethnic Council or relevant Committee. The leading agency conducting the examination shall invite representatives of the Ethnic Council's Standing Committee, other Committees' Standing Committees, and related agencies and organizations to attend the examination session to express opinions on the contents of the petition for referendum.

The examining agency has the right to request the agency or person who proposed the referendum to report and provide information and documents related to the petition for referendum. The agency or person requested has the responsibility to meet the requirements of the examining agency.

4. The examination report must clearly reflect the views of the examining agency on the issues stipulated in Clause 2 of this Article; fully reflect the opinions of members of the leading examination agency and participating agencies; and determine whether the conditions for submission to the National Assembly for consideration and decision on the referendum are met.

Article 16. The Standing Committee of the National Assembly shall examine and give opinions on the proposal for a referendum

The Standing Committee of the National Assembly shall examine and give opinions on the proposal for a referendum as stipulated in Article 14 of this Law. When it deems that the proposal from the competent authority making the referendum request meets all conditions prescribed by this Law, the Standing Committee of the National Assembly shall include the content of the decision on the referendum in the planned agenda of the National Assembly session nearest to consider and decide.

Article 17. The National Assembly shall examine and decide on the referendum

1. The National Assembly shall examine and decide on the referendum in the following procedure:

a) A representative of the competent authority proposing the referendum shall present the report on the referendum proposal; in case a National Assembly delegate proposes the referendum, a representative of the Standing Committee of the National Assembly shall present the report on the referendum proposal;

b) A representative of the leading agency responsible for examination shall present the examination report;

c) The National Assembly shall discuss the referendum proposal at a plenary session. Prior to discussing at a plenary session, the referendum proposal shall be discussed at the National Assembly delegation groups;

d) During the discussion process, a representative of the authority that proposed the referendum may explain issues related to those raised by National Assembly delegates;

đ) After the referendum proposal has been discussed and given opinions by National Assembly delegates, the Standing Committee of the National Assembly shall direct and organize the study, explanation, adoption, and revision of the draft resolution of the National Assembly on the referendum and report to the National Assembly on the explanation, adoption, and revision of the draft resolution;

e) The National Assembly shall vote to pass the resolution on the referendum.

2. The resolution of the National Assembly on the referendum must be approved by more than half of the total number of National Assembly delegates.

3. The resolution of the National Assembly on the referendum shall be published according to the provisions of the law.

Chapter III

TASKS AND POWERS OF ORGANIZATIONS IN THE REFERENDUM ORGANIZATION

IN THE CONDUCT OF POPULAR OPINION POLLING

Article 18. Tasks and powers of the Standing Committee of the National Assembly

1. Decide the voting date for the referendum, early voting, postponement of the voting date, and re-voting.

2. Direct and guide the organization of the referendum nationwide.

3. Direct information and propaganda work regarding the referendum.

4. Specify the referendum ballot form, voter card model in the referendum, polling booth rules, and other forms of documents used in organizing the referendum.

5. Request competent authorities to handle violations of the law during the organization of the referendum.

6. Receive and review reports on the results of the referendum sent by provincial People's Councils.

7. Prepare a comprehensive report on the results of the referendum nationwide.

8. Inspect and supervise the organization of the referendum.

9. Resolve complaints and denunciations about the results of the referendum. The decision of the Standing Committee of the National Assembly on resolving complaints and denunciations is the final decision.

10. Determine and announce the national referendum results and report to the National Assembly on the referendum organization results at the nearest session.

Article 19. Tasks and powers of the Government

1. Direct ministries, ministerial-level agencies, government-affiliated agencies, and People's Councils at all levels to implement tasks in organizing the referendum as prescribed by law.

2. Direct security, public order, and social safety work during the organization of the referendum.

3. Ensure financial resources and other necessary conditions to serve the organization of the referendum; guide the management and use of funds in organizing the referendum.

4. Coordinate with the Standing Committee of the National Assembly to direct information and propaganda work regarding the referendum.

5. Coordinate with the Standing Committee of the National Assembly, the Central Steering Committee of the Vietnam Fatherland Front in inspecting and supervising the organization of the referendum.

Article 20. Tasks and Authorities of People's Committees at all levels

1. The People's Committee of the province shall have the following tasks and authorities:

a) Directing, inspecting, and urging the organization of public opinion polls on the provincial territory in accordance with the provisions of the law;

b) Directing the implementation of information and propaganda work regarding public opinion polls in the locality;

c) Directing the implementation of security, public order, and social safety work during the organization of public opinion polls in the locality;

d) Organizing the printing of voter cards, public opinion poll ballots, forms, and other materials to serve the organization of public opinion polls on the provincial territory; allocating funds and ensuring other necessary conditions to serve the organization of public opinion polls on the provincial territory;

đ) Resolving complaints, denunciations, and handling violations of the law in the organization of public opinion polls within their jurisdiction;

e) Reporting the situation of organizing public opinion polls to the Standing Committee of the National Assembly and the Government;

g) Receiving and examining reports on the results of public opinion poll ballot counting sent by the People's Committee of the commune; preparing a report on the results of public opinion polls in their locality to be submitted to the Standing Committee of the National Assembly.

2. The People's Committee of the district shall have the following tasks and authorities:

a) Directing, inspecting, and urging the organization of public opinion polls on the district territory in accordance with the provisions of the law;

b) Approving the determination of polling areas for public opinion polls by the People's Committee of the commune;

c) Directing the implementation of information and propaganda work regarding public opinion polls and security, public order, and social safety work during the organization of public opinion polls in the locality;

d) Resolving complaints, denunciations, and handling violations of the law in the implementation of public opinion polls in the locality within their jurisdiction;

đ) Reporting the situation of organizing public opinion polls to the People's Committee of the province;

e) In districts without commune administrative units, the People's Committee of the district shall also perform all the tasks and authorities stipulated in Clause 3 of this Article.

3. The People's Committee of the commune shall have the following tasks and authorities:

a) Determining polling areas for public opinion polls; establishing Public Opinion Poll Teams in each polling area;

b) Implementing information and propaganda work regarding public opinion polls and security, public order, and social safety work during the organization of public opinion polls in the locality;

c) Organizing the voting process for public opinion polls in the locality;

d) Resolving complaints, denunciations, answering voters' inquiries, and handling violations of the law in the implementation of public opinion polls in the locality within their jurisdiction;

đ) Reporting the situation of organizing public opinion polls to the People's Committee of the district;

e) Receiving and examining reports on the results of public opinion poll ballot counting sent by the Public Opinion Poll Teams; preparing a report on the results of public opinion polls in their locality to be submitted to the People's Committee of the district and the province.

Article 21. Establishment of Public Opinion Poll Teams and Tasks and Authorities of Public Opinion Poll Teams

1. Public Opinion Poll Teams shall be established in each polling area no later than 40 days before the date of the public opinion poll vote. Each Public Opinion Poll Team shall consist of nine to eleven members including a Team Leader, a Secretary, and members representing state agencies, political organizations, socio-political organizations, social organizations, and local voters.

Military units that are designated as separate polling areas shall establish a Public Opinion Poll Team consisting of seven to nine members including a Team Leader, a Secretary, and members representing the unit command and military personnel of that military unit.

In cases where military units and localities share the same polling area, the People's Committee of the commune, after reaching agreement with the command of the military unit, shall decide to establish a Public Opinion Poll Team consisting of nine to eleven members including a Team Leader, a Secretary, members representing state agencies, political organizations, socio-political organizations, social organizations, local voters, the unit command, and military personnel of that military unit.

2. Public Opinion Poll Teams shall have the following tasks and authorities:

a) Managing the public opinion poll activities in the polling area;

b) Arranging the voting room and preparing ballot boxes;

c) Receiving materials and public opinion poll ballots from the People's Committee of the commune; distributing voter cards and public opinion poll ballots stamped by the Public Opinion Poll Team to voters;

d) Informing voters about the time and location of the public opinion poll vote;

đ) Ensuring strict compliance with the legal regulations on public opinion polls and the internal rules of the voting room;

e) Counting ballots and preparing minutes of the ballot count to send to the People's Committee of the commune;

g) Resolving complaints and denunciations of voters; reporting to the People's Committee of the commune about complaints and denunciations of voters that fall outside their resolution authority;

h) Transferring the minutes of the ballot count and all public opinion poll ballots to the People's Committee of the commune;

i) Reporting the situation of organizing public opinion polls according to the guidance of the People's Committee of the commune;

k) Organizing a re-vote in the public opinion poll polling area (if necessary).

3. Public Opinion Poll Teams shall cease operations thirty days after the results of the public opinion poll are announced.

Article 22. Supporting bodies and the summoning of officials, civil servants, and employees for public opinion polls

The Standing Committee of the National Assembly and People's Committees at all levels have the authority to establish or assign specialized agencies under their jurisdiction to assist in organizing public opinion polls; to summon officials, civil servants, and employees from state agencies, political organizations, socio-political organizations, social organizations, and public service units to help carry out tasks related to the organization of public opinion polls.

Article 23. Responsibilities of state agencies, organizations, people's armed forces units, and citizens in organizing public opinion polls

State agencies, organizations, people's armed forces units, and citizens are responsible for strictly implementing the legal provisions on public opinion polls, creating conditions for agencies and organizations responsible for public opinion polls to perform their duties and exercise their powers as prescribed by law.

Chapter IV

ELECTOR LIST AND POLLING STATION ZONES

POPULAR REFERENDUM

Article 24. Principles for compiling the elector list

1. All citizens who have the right to vote in public opinion polls shall be included in the elector list and issued voter cards.

2. Each citizen may only be included in one elector list at the place where they reside permanently or temporarily.

3. Electors who are currently under temporary detention, pre-trial detention, or serving compulsory educational measures or compulsory drug rehabilitation measures shall be included in the elector list at the place where they are detained or at the location of the compulsory educational facility or drug rehabilitation facility.

4. Vietnamese citizens residing abroad who return to Vietnam within 24 hours before the start of voting, upon presenting their passport indicating Vietnamese nationality to the People's Committee of the commune where they are registered as residing permanently or temporarily, shall be included in the elector list and issued a voter card.

Article 25. Cases of exclusion, deletion, and supplementation of names in the elector list

1. Persons sentenced to death and awaiting execution, persons serving a prison sentence without suspended sentence, and persons declared by the court to be incapacitated shall not be included in the elector list.

2. If a person already included in the elector list is sentenced to death, required to serve a prison sentence without suspended sentence, or declared by the court to be incapacitated at the time of the start of voting, the People's Committee of the commune shall delete that person's name from the elector list and reclaim the voter card.

3. If a person falls under the circumstances specified in Clause 1 of this Article and is released or the court revokes the declaration of incapacity before 24 hours prior to the start of voting, that person shall be added back to the elector list and issued a voter card to participate in the public opinion poll.

4. Electors as defined in Clause 3 of Article 24 of this Law, if released or have completed the compulsory educational or drug rehabilitation period before 24 hours prior to the start of voting, shall have their names deleted from the elector list at the location of the detention center, pre-trial detention center, or compulsory educational or drug rehabilitation facility, and shall be added back to the elector list at the place where they are registered as residing permanently or temporarily, and issued a voter card to participate in the public opinion poll.

Article 26. Authority to Establish Voter Lists

1. The voter list shall be established by the People's Committee of the commune for each polling station area.

For districts without communes or towns, the People's Committee of the district shall be responsible for establishing the voter list for each polling station area.

2. The voter list within military units shall be established by the unit commander according to the military unit to be included in the voter list of the polling station where the unit is stationed. Military personnel with permanent residence registration in nearby localities can be issued a certificate by the unit commander to be included in the voter list and participate in voting at their place of permanent residence. When issuing the certificate, the unit commander must immediately record next to the name of that person in the voter list of the military unit the phrase "Vote at place of residence."

Article 27. Publicizing the Voter List

At least thirty days before the date of referendum, the agency responsible for establishing the voter list shall publicize the voter list at the office of the People's Committee of the commune and at public places in the polling station area, and widely announce the voter list and the publicizing process for the people to check.

Article 28. Complaints and Resolution of Complaints Regarding the Voter List

When checking the voter list, if any errors are found, citizens have the right to complain to the agency responsible for establishing the voter list within ten days from the date of publicizing. The agency responsible for establishing the voter list must record those complaints. Within three days from the date of receiving the complaint, the agency responsible for establishing the voter list must resolve it and inform the complainant of the resolution result.

If the complainant disagrees with the resolution of the complaint or the complaint remains unresolved beyond the resolution period, they have the right to file a lawsuit at the Administrative Court in accordance with the law on administrative litigation procedures.

Article 29. Voting at Another Location

From the date of publicizing the voter list until the day of the referendum, if a voter cannot participate in the referendum at the location where they were registered due to being elsewhere, they may request the People's Committee of the commune where they are listed to issue a certificate to include their name in the voter list and participate in the referendum at another location where they can vote. When issuing the certificate, the People's Committee of the commune must immediately record next to the name of that person in the voter list of the referendum polling station area the phrase "Vote at another location."

Article 30. Referendum Polling Station Areas

1. The determination of referendum polling station areas shall be decided by the People's Committee of the commune and approved by the People's Committee of the district. For districts without communes or towns, the determination of referendum polling station areas shall be decided by the People's Committee of the district.

2. Each referendum polling station area shall have from three hundred to four thousand voters. In mountainous, highland, island, and dispersed population areas, even if there are fewer than three hundred voters, a referendum polling station area may still be established.

3. Situations where separate referendum polling station areas may be established include:

a) Military units;

b) Hospitals, convalescent homes, maternity homes, disability care facilities, elderly care facilities with fifty or more voters;

c) Compulsory education institutions, compulsory drug rehabilitation centers, temporary detention centers.

Chapter V

INFORMATION AND PUBLICITY ON REFERENDUM

Article 31. Purpose and Principles of Information and Propaganda on Referendum

1. The provision of information and propaganda on referendum aims to provide full, accurate information about the issues put to referendum so that voters understand the significance of the referendum, the content of the referendum; the rights, obligations, and responsibilities of voters in participating in the referendum; to encourage voters to actively participate in the voting process of the referendum.

2. Information and propaganda on referendum shall be conducted openly, democratically, objectively, scientifically, in accordance with the law, facilitating voters and ensuring social order and safety.

Article 32. Content of Information and Propaganda on Referendum

1. The necessity of holding a referendum; the purpose and viewpoint of the referendum.

2. The content of the referendum; proposals and solutions for implementing the results of the referendum.

3. The target group and scope of impact of the issue put to referendum.

4. The time for organizing the referendum.

5. The rights, obligations, and responsibilities of voters in participating in the referendum.

Article 33. Forms of Information and Propaganda on Referendum

1. Issuing official publications and materials of the Standing Committee of the National Assembly on the issue put to referendum.

2. Organizing information and propaganda on referendum through mass media in accordance with the provisions of the law.

3. Through meetings of voters organized by the People's Committees at the commune level.

4. Other forms prescribed by the Standing Committee of the National Assembly.

Article 34. Responsibilities of Agencies and Organizations in Information and Propaganda on Referendum

1. The Standing Committee of the National Assembly shall take the lead and coordinate with the Government to direct information and propaganda work on referendum throughout the country; People's Committees at all levels shall direct the implementation of information and propaganda work on referendum in their respective localities.

2. Central and local news agencies have the responsibility to propagate about referendums, provide information on the organization of referendums according to the provisions of the law, directives from the Standing Committee of the National Assembly, the Government, and People's Committees at all levels.

3. State agencies, political-social organizations, social organizations, people's armed units, and local authorities within their respective duties and powers shall have the responsibility to participate and create conditions for information and propaganda work on referendum within their agencies, organizations, units, and localities.

Chapter VI

PROCEDURE AND FORMALITIES FOR VOTING IN REFERENDUM; RIGHTS,

OBLIGATIONS OF VOTERS IN REFERENDUM

Article 35. Referendum Ballot

1. The referendum ballot shall be uniformly used throughout the country.

2. The content of the referendum ballot must be complete, clear, easy to understand, objective, accurate, and unambiguous.

3. The Standing Committee of the National Assembly shall specify the content and form of the referendum ballot; the printing, distribution, and management of the referendum ballot.

Article 36. Notification of Time and Place for Voting in Referendum

At least 10 days before the date of voting in the referendum, the Referendum Organization shall regularly notify voters in the locality about the voting date, place, and time of the referendum through posting notices, broadcasting, and other means of mass communication in the locality.

Article 37. Voting Time for Public Referendum

1. The voting for public referendum starts from seven o'clock in the morning to seven o'clock in the evening on the same day. Depending on local circumstances, the Referendum Organization may decide to start voting earlier but not before five o'clock in the morning or end later but not after nine o'clock in the evening on the same day.

In cases where all voters listed in the voter list in a polling station have completed their voting, the voting at that polling station may be concluded early but not before three o'clock in the afternoon on the same day.

2. Before voting, the Referendum Organization must inspect the ballot box in the presence of voters.

3. Voting must be conducted continuously. In case of unexpected events interrupting the voting process, the Referendum Organization must immediately seal the ballot box and related materials directly related to the referendum, promptly report to the People's Committee of the commune-level administrative unit, and take necessary measures to ensure the continuation of the voting process.

Article 38. Early Voting and Postponement of Voting Day

In special cases requiring early voting for the referendum or postponement of the voting day at one or more polling stations, or one or more commune-level or district-level administrative units, the People's Committee at the location requiring early voting or postponement of the voting day must promptly report to the People's Committee of the province to submit to the Standing Committee of the National Assembly for consideration and decision.

Article 39. Rights and Obligations of Voters and Principles of Voting for Public Referendum

1. Voting for public referendum is both the right and obligation of voters; every voter has the responsibility to fully participate.

2. Each voter has the right to cast one vote for the public referendum.

3. Voters must cast their votes for the public referendum themselves and cannot delegate others to vote on their behalf, except in cases stipulated in Clause 7 of this Article. When casting their votes for the public referendum, voters must present their voter cards.

4. In cases where voters are sick, elderly, or disabled and unable to go to the polling station for the public referendum, the Referendum Organization shall bring the supplementary ballot box and referendum ballots to the residence or treatment place of the voter so that the voter can receive the referendum ballot and complete the voting process. For voters who are currently under temporary detention, undergoing compulsory educational measures, or compulsory drug rehabilitation measures, and the detention center, educational facility, or drug rehabilitation facility does not establish a separate polling station, or for voters who are currently under temporary custody at a temporary detention center, the Referendum Organization shall bring the supplementary ballot box and referendum ballots to the detention center, temporary detention center, educational facility, or drug rehabilitation facility so that the voter can receive the ballot and complete the voting process for the public referendum.

5. When voters fill out the referendum ballot, no one is allowed to see it, including members of the Referendum Organization.

6. If a voter makes a mistake while filling out the ballot, they have the right to exchange it for another referendum ballot.

7. If a voter is unable to write the referendum ballot themselves due to disability, they may ask someone else to write it on their behalf, but they must cast the ballot themselves; the person writing on their behalf must ensure the secrecy of the voter's referendum ballot. In cases where a voter is unable to cast the ballot themselves due to disability, they may ask someone else to cast the ballot into the ballot box.

8. After a voter completes their voting, the Referendum Organization is responsible for stamping "Voted" on the voter card.

9. Everyone must comply with the rules of the referendum polling station.

Chapter VII

REFERENDUM RESULTS

Section 1

COUNTING BALLOTS

Article 40. Counting Ballots

The ballot counting must be conducted in the polling room immediately after the end of the voting session.

Prior to opening the ballot box, the Referendum Team must tally, prepare a record, seal, and invite two voters to witness the counting of unused referendum ballots.

Article 41. Invalid Referendum Ballots

1. The following ballots are considered invalid:

a) Ballots not conforming to the prescribed model issued by the Referendum Team;

b) Ballots without the stamp of the Referendum Team;

c) Ballots marking more than one option as selected according to regulations;

d) Ballots leaving all options blank;

đ) Ballots containing additional written content.

2. In cases where ballots are deemed invalid, the Head of the Referendum Team shall present them for the entire team to review and decide. The Referendum Team may not strike out or amend the ballots.

Article 42. Complaints and Accusations Regarding Ballot Counting

On-site complaints and accusations regarding violations of the law during the ballot counting process, received and resolved by the Referendum Team, must be recorded in a protocol.

If the Referendum Team cannot resolve the issue, they must clearly state their opinion in the complaint and accusation resolution protocol and transfer it to the Commune People's Committee after completing the ballot counting.

Article 43. Protocol of the Referendum Team's Ballot Counting Results

1. After completing the ballot counting, the Referendum Team must prepare a protocol of the results. The protocol must include the following contents:

a) Total number of voters in the referendum voting area;

c) The number of ballots issued;

d) The number of ballots

d) Number of ballots collected;

f) The number of invalid ballots;

g) The number of votes cast for each candidate;

g) Number of ballots supporting each option presented on the referendum ballot;

h) Number of ballots opposing each option presented on the referendum ballot;

i) Received complaints and accusations; resolved complaints and accusations and their outcomes; complaints and accusations transferred to the Commune People's Committee.

2. The referendum ballot counting result protocol must be prepared in duplicate, signed by the Head of the Referendum Team, the Secretary of the Referendum Team, and two invited voter witnesses. The entire protocol and ballots must be sealed and sent to the Commune People's Committee no later than three days after the voting day for consolidation and storage.

Section 2

REFERENDUM RESULTS

Article 44. Referendum Outcome

1. A valid referendum must have at least three-quarters of the total number of voters nationwide listed in the voter list participate in voting.

2. The content of the referendum receiving more than half of the valid votes has binding effect; for referendums concerning the Constitution as stipulated in Clause 1 of Article 6 of this Law, it must receive at least two-thirds of the valid votes.

Article 45. Commune People's Committee Report on Referendum Results

1. Upon receipt of the protocols of the referendum ballot counting results from the Referendum Teams, the Commune People's Committee will check these protocols and prepare a report on the referendum results in their locality. The report on the referendum results of the Commune People's Committee must include the following contents:

a) Total number of voters in the commune administrative area;

c) The number of ballots issued;

d) The number of ballots

d) Number of ballots collected;

f) The number of invalid ballots;

g) The number of votes cast for each candidate;

g) Number of ballots supporting each option presented on the referendum ballot;

h) Number of ballots opposing each option presented on the referendum ballot;

i) Received complaints and accusations; resolved complaints and accusations and their outcomes; complaints and accusations transferred to the higher-level People's Committee.

2. The referendum result report must be prepared in triplicate; one copy sent to the District People's Committee, one copy sent to the Provincial People's Committee no later than five days after the voting day along with the protocols of the referendum ballot counting results, and one copy retained for storage.

Article 46. Report on the Results of the Public Referendum by the Provincial People's Committee

1. After receiving the report on the results of the public referendum from the Commune People's Committee, the Provincial People's Committee shall examine these reports and compile a report on the results of the public referendum in their locality. The report on the results of the public referendum by the Provincial People's Committee must include the following contents:

a) The total number of voters in the provincial administrative area;

c) The number of ballots issued;

d) The number of ballots

d) Number of ballots collected;

f) The number of invalid ballots;

g) The number of votes cast for each candidate;

g) Number of ballots supporting each option presented on the referendum ballot;

h) Number of ballots opposing each option presented on the referendum ballot;

i) Complaints and denunciations received; complaints and denunciations resolved and the results thereof; complaints and denunciations transferred to the Standing Committee of the National Assembly.

2. The report on the results of the public referendum shall be prepared in two copies; one copy shall be sent to the Standing Committee of the National Assembly no later than nine days after the day of voting, accompanied by the minutes of the vote counting results of the referendum groups, and one copy for storage.

Article 47. Re-voting in the Public Referendum

The Standing Committee of the National Assembly shall annul the results of the voting in the public referendum in the polling areas where there are serious violations of the law and decide on the date of re-voting in those polling areas.

In the case of re-voting in the public referendum, the voting date shall be conducted no later than fifteen days after the first voting day.

Article 48. Determination and Announcement of the Results of the Public Referendum

1. After receiving and examining the report on the results of the public referendum from the Provincial People's Committee and resolving complaints and denunciations (if any), the Standing Committee of the National Assembly shall issue a resolution determining the results of the public referendum nationwide.

2. The resolution of the Standing Committee of the National Assembly determining the results of the public referendum shall include the following contents:

a) The date of the public referendum voting;

b) The total number of voters nationwide;

c) The total number of voters participating in the public referendum voting, the ratio compared to the total number of voters nationwide;

d) The total number of valid ballots;

đ) The total number of invalid ballots;

e) The number of votes supporting each option presented on the referendum ballot, the ratio compared to the total number of valid ballots;

g) The number of votes not supporting each option presented on the referendum ballot, the ratio compared to the total number of valid ballots;

h) The result of the public referendum.

3. The resolution of the Standing Committee of the National Assembly determining the results of the public referendum must be announced no later than fifteen days from the date of the public referendum voting; in the case of re-voting, the deadline for announcing the results of the public referendum is no later than fifteen days from the date of re-voting.

Article 49. Reporting to the National Assembly on the Results of the Public Referendum

1. The Standing Committee of the National Assembly has the responsibility to report to the National Assembly on the results of the public referendum at the nearest session.

2. Based on the results of the public referendum, the National Assembly decides on necessary measures to ensure the implementation of the results of the public referendum.

Chapter VIII

HANDLING VIOLATIONS OF THE LAW ON PUBLIC REFERENDUM AND ARTICLE

IMPLEMENTATION PROVISIONS

Article 50. Handling Violations of the Law on Public Referendum

1. Any person who commits acts violating the provisions of this Law shall be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature and severity of the violation.

2. Any person who obstructs or retaliates against complainants or denouncers regarding the public referendum shall be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature and severity of the violation.

Article 51. Effective Date

This Law takes effect from July 1, 2016.

Article 52. Detailed provisions and guidance on implementation

The Standing Committee of the National Assembly and the Government shall provide detailed regulations for the Articles and Clauses assigned in this Law and guide its implementation.

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This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the thirteenth session, tenth meeting, on November 25, 2015.