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Boundary Delimitation
BD001
Delimitation of constituencies
Question: Are constituencies delimited for election purposes?
Answer:
a . Yes
Comments:
The National Assembly deputies shall be elected according to constituencies. Each constituency may elect not more than three deputies. Each province or city directly under the Central Government shall be divided into various constituencies.
Source:
Law of 1997 on Election of Deputies to the National Assembly, as amended and supplemented by laws No. 31/2001/QH10 and No: 63/2010/QH12, art. 11 (1): http://www.moj.gov.vn/vbpq/en/lists/vn%20bn%20php%20lut/view_detail.aspx?itemid=2526 (2016)
Verified:
2021/03/23
BD002
Question: The authority responsible for final approval of the constituency boundaries is:
Answer(s):
a . The legislature (national/subnational)
Comments:
Source:
Law on Election of National Assembly Deputies, article 11
Verified:
2021/03/23
BD003
Criteria for drawing boundaries
Question: On what criteria are the boundaries drawn?
Answer(s):
a . "Equality" of population
d . Conformity with local jurisdiction boundaries
Comments:
The number and the list of constituencies and the number of deputies for each constituency shall be determined according to its size of population by the Standing Committee of the National Assembly.
Source:
Law of 1997 on Election of Deputies to the National Assembly, as amended and supplemented by laws No. 31/2001/QH10 and No: 63/2010/QH12, art. 11 (2): http://www.moj.gov.vn/vbpq/en/lists/vn%20bn%20php%20lut/view_detail.aspx?itemid=2526 (2016)
Verified:
2021/03/23
BD004
Question: If population is a criterion, which population figure is used?
Answer:
a . Total population
Comments:
Source:
Law on Election of National Assembly Deputies, article 11
Verified:
2021/03/23
BD005
Body responsible for drawing boundaries
Question: The body responsible for drawing the boundaries is:
Answer(s):
a . Legislature (1st chamber)
Comments:
The Standing Committee of the National Assembly
Source:
Law of 1997 on Election of Deputies to the National Assembly, as amended and supplemented by laws No. 31/2001/QH10 and No: 63/2010/QH12, art. 11: http://www.moj.gov.vn/vbpq/en/lists/vn%20bn%20php%20lut/view_detail.aspx?itemid=2526 (2016)
Verified:
2021/03/23
BD006
Question: What statistical or other reasons trigger the redrawing of electoral constituency boundaries?
Answer(s):
d . Changes in distribution of total population
Comments:
Source:
Law on Election of National Assembly Deputies, article 11-12
Verified:
2021/03/23
Electoral Systems
ES001
Head of State
Question: How is the Head of State selected?
Answer(s):
g . Inherited monarchy
Comments:
The country's President is the Head of State and represents the Socialist Republic of Vietnam internally and externally. The country's President shall be elected by the National Assembly from among its members.
He is the Secretary-General of the Communist Party as the supreme leader.
Source:
Constitution of 1992 as amended, art. 101, 102 (1): http://www.moj.gov.vn/vbpq/en/Lists/Vn%20bn%20php%20lut/View_Detail.aspx?ItemID=10450 (2016)
Verified:
2021/04/07
ES002
Head of Government
Question: How is the Head of Government selected?
Answer:
e . Appointed
Comments:
The Prime Minister is the head of government. The president recommends the election of the Prime Minister to the National Assembly. The Prime Minister needs to be a representative in the National Assembly.
Source:
Constitution of 1992 as amended, art. 103, 110: http://www.moj.gov.vn/vbpq/en/Lists/Vn%20bn%20php%20lut/View_Detail.aspx?ItemID=10450(2016)
Verified:
2021/04/07
ES003
President
Question: Does the country have a president?
Answer:
b . No
Comments:
President of the National Assembly
duration: 5 years (term of House)
elected by all Members of the Assembly
- the election is held at the beginning of the first session of the newly elected Assembly
- after the Members' mandates have been validated and after the Members have been sworn in
Source:
Constitution of 1992 as amended, art. 101 - 108: http://www.moj.gov.vn/vbpq/en/Lists/Vn%20bn%20php%20lut/View_Detail.aspx?ItemID=10450 (2016)
Verified:
2021/04/07
ES004
Number of Chambers
Question: The national legislature consists of (one/two chambers):
Answer:
a . One chamber
Comments:
The National Assembly is the highest representative body of the people and the only body vested with constitutional and legislative powers.
Source:
Constitution of 1992 as amended, art. 83: http://www.moj.gov.vn/vbpq/en/Lists/Vn%20bn%20php%20lut/View_Detail.aspx?ItemID=10450 (2016)
Verified:
2021/03/23
ES005
Electoral System (Chamber 1)
Question: What is the electoral system for Chamber 1 of the national legislature?
Answer(s):
g . List Proportional Representation
Comments:
Among the candidates to be elected in the constituency, those who poll more than half of the valid votes and more votes than others shall be elected. In cases where there are more than one candidate polling the same number of votes, the eldest shall be elected. If, In the first election, the number of elected candidates is less than that designated by the Standing Committee of the National Assembly for the constituency, the Election Board of which must clearly state it in a report and promptly report it to the Election Committee which shall request the Election Council to consider and decide on an additional election in such constituency.
In case of an additional election, the election day shall be not later than twenty days after the first election. In the additional election, voters shall only choose from the candidates on the list of candidates who failed in the first election. The elected candidates shall be those who poll more than half of the valid votes and more votes than others. If even after the additional election but the number of elected candidates is still below than the designated number, there shall not be the second additional election.
Source:
Law of 1997 on Election of Deputies to the National Assembly, as amended and supplemented by laws No. 31/2001/QH10 and No: 63/2010/QH12, art. 70, 71, 72: http://www.moj.gov.vn/vbpq/en/lists/vn%20bn%20php%20lut/view_detail.aspx?itemid=2526 (2016)
Verified:
2021/04/07
ES006
Question: What is the electoral system for Chamber 2 of the national legislature?
Answer(s):
k . The national legislature consists of one chamber only
Comments:
NO chamber 2 in National Legislature.
Source:
Constitution, article 83
Verified:
2021/04/07
ES007
Question: If List PR is used, is a highest average formula used?
Answer:
b . Saint-Lague Formula
Comments:
Source:
ACE Electoral Knowledge Network
Verified:
2021/04/07
ES008
Question: What is the level at which seats are distributed in Chamber 1?
Answer(s):
c . Regional/provincial level
Comments:
Source:
Constitution, article 83
Verified:
2021/04/07
ES009
Question: What is the level at which seats are distributed in Chamber 2?
Answer(s):
d . Not applicable
Comments:
Source:
Constitution, article 83
Verified:
2021/03/23
ES010
Question: Are special constituencies or seats reserved in Chamber 1 for specific groups, such as minorities, specific nationality or other groups?
Answer:
b . No
Comments:
Noticeably, the 2015 Law fixes a minimum rate of ethnic minority people and women to be nominated to stand for the election of deputies to the National Assembly. Accordingly, at least 18 percent of the total number of deputy candidates on the official list are ethnic minority people and at least 35 percent of them are women.
Source:
Law on Election of National Assembly Deputies, article 10
Verified:
2021/04/07
ES012
Question: Are special constituencies or seats reserved in Chamber 2 for specific groups, such as minorities, specific nationality or other groups?
Answer:
c . The national legislature consists of one chamber only
Comments:
Not applicable
Source:
Constitution, article 83
Verified:
2021/04/07
ES014
Question: What is the legally imposed minimum threshold of votes required by a party to win seats in Chamber 1?
Answer:
b . Specify the percentage:
Comments:
There is no threshold regulate in electoral law.
Source:
Law on Election of National Assembly Deputies, chapter 5 (about running for election, consultative reference, recommendation of candidates for National Assembly election)
Verified:
2021/04/07
ES015
Question: What is the legally imposed minimum threshold of votes required by a party to win seats in Chamber 2?
Answer:
c . Not applicable
Comments:
There is no second chamber.
Source:
Constitution, article 83
Verified:
2021/04/07
ES016
Question: What is the legally imposed minimum threshold of votes required by a candidate (independent/party) to win a seat in Chamber 1?
Answer:
c . Not applicable
Comments:
Those obtaining more than one-half of the votes cast in the unit are declared elected
Source:
http://www.appf.org.pe/members/023about.htm
Verified:
2021/04/07
ES017
Question: What is the legally imposed minimum threshold of votes required by a candidate (independent/party) to win a seat in Chamber 2?
Answer:
c . Not applicable
Comments:
Source:
Constitution, article 83
Verified:
2021/03/23
ES018
Question: Regarding the timing of the elections for Chamber 1, which of the following is true? Elections take place:
Answer(s):
a . At fixed intervals (specify length)
c . On a fixed day of the week (specify day, specify if holiday)
Comments:
In term office of the National Assembly: 5 years.
Source:
Constitution, article 85
Verified:
2021/04/07
ES019
Question: Regarding the timing of the elections for Chamber 2, which of the following is true? Elections take place:
Answer(s):
e . Not applicable
Comments:
Source:
Constitution, article 83
Verified:
2021/03/23
ES020
Question: Regarding Chamber 1 elections (excluding advance voting, postal voting, etc):
Answer:
a . Voting takes place on one day
Comments:
Voting takes place on a Sunday
Source:
Law on Election of National Assembly Deputies, article 57
Verified:
2021/03/23
ES021
Question: Regarding Chamber 2 elections (excluding advance voting, postal voting, etc):
Answer:
c . Not applicable
Comments:
Source:
Constitution, article 83
Verified:
2021/03/24
Legislative Framework
LF001
Status of Electoral Law
Question: What is the status of the electoral law governing national elections?
Answer(s):
b . Separate legislation
Comments:
Source:
Law of 1997 on Election of Deputies to the National Assembly, as amended and supplemented by laws No. 31/2001/QH10 and No: 63/2010/QH12: http://www.moj.gov.vn/vbpq/en/lists/vn%20bn%20php%20lut/view_detail.aspx?itemid=2526 (2016)
Verified:
2021/03/23
LF002
Question: What is the date of the latest version of the national electoral law (including latest amendments)?
Answer:
a . January 2000 or later
Comments:
1 September 2015(Latest version)
no new amendment
1997 Law on Election of Deputies to the National Assembly (revised in 2001 and 2010) and the 2003 Law on Election of Deputies to People’s Councils (revised in 2010), the 2015 Law actually has significant changes.
Source:
https://vietnamlawmagazine.vn/law-on-election-of-deputies-to-the-national-assembly-and-deputies-to-peoples-councils-5215.html
Verified:
2021/03/23
LF003
Electoral Law covers
Question: The national electoral law covers:
Answer(s):
a . National elections
Comments:
Source:
Law of 1997 on Election of Deputies to the National Assembly, as amended and supplemented by laws No. 31/2001/QH10 and No: 63/2010/QH12: http://www.moj.gov.vn/vbpq/en/lists/vn%20bn%20php%20lut/view_detail.aspx?itemid=2526 (2016)
Verified:
2021/03/23
LF004
Compulsory/voluntary voting
Question: Is voting on the national level voluntary or compulsory?
Answer(s):
a . Voting is voluntary
Comments:
Source:
Constitution of 1992 as amended, art. 7 (1), 54: http://www.moj.gov.vn/vbpq/en/Lists/Vn%20bn%20php%20lut/View_Detail.aspx?ItemID=10450 (2016);
Law of 1997 on Election of Deputies to the National Assembly, as amended and supplemented by laws No. 31/2001/QH10 and No: 63/2010/QH12, art. 2:
http://www.moj.gov.vn/vbpq/en/lists/vn%20bn%20php%20lut/view_detail.aspx?itemid=2526 (2016)
Verified:
2021/03/23
LF006
Question: Are there provisions in the law which permit or require presidential election (s) to be held on the same day as national legislative elections?
Answer(s):
c . Not applicable
Comments:
The President of the state is elected by National Assembly among its member, not directly elected by the citizen.
Source:
Law on Election of National Assembly Deputies, article 102
Verified:
2021/03/23
LF007
Electoral Disputes Agency(ies)
Question: What are the agency(ies) responsible for the first level of formal electoral disputes?
Answer(s):
b . EMB
Comments:
The Central Election Council shall settle complaints and denunciations about the work of the provincial-level Committees for Election of Deputies to the National Assembly and Deputies to the People's Councils, Election Boards and Election Teams; about the election of deputies to the National Assembly, forwarded by the provincial-level Committees for Election of Deputies to the National Assembly and Deputies to the People's Councils or by the Election Boards; about National Assembly candidates; and about the returns of the election of deputies to the National Assembly.
Source:
Law of 1997 on Election of Deputies to the National Assembly, as amended and supplemented by laws No. 31/2001/QH10 and No: 63/2010/QH12, art. 14 (2-h): http://www.moj.gov.vn/vbpq/en/lists/vn%20bn%20php%20lut/view_detail.aspx?itemid=2526 (2016)
Verified:
2021/03/23
LF008
Question: If the agency(ies) which settles formal disputes is/are specially appointed/elected; by whom?
Answer(s):
h . Not applicable
Comments:
On-the-spot complaints about the vote count shall be received and settled by the Election
Team which shall state the ways of settlement in its report.
Source:
Law on Election of National Assembly Deputies, article 67
Verified:
2021/03/23
LF009
Question: Who has the right to submit cases to the person or agency(ies)which settles formal disputes?
Answer(s):
e . Other
Comments:
. All complaints about the election returns must be sent to the Election Council within ten days from
the date the Election Council announces the election result.
2. The Election Council shall have to consider and settle the complaints about the election result within
thirty days from the date of receiving them.
The Election Council’s decision on the settlement of the complaints shall be the final.
Source:
Law on Election of National Assembly Deputies, article 78
Verified:
2021/03/23
LF010
Question: What body(ies) is the final appellate authority for formal electoral disputes?
Answer(s):
a . Electoral Management Body
Comments:
Source:
Law on Election of National Assembly Deputies, article 78 (2)
Verified:
2021/03/23
LF011
Question: Which body(ies) proposes electoral reforms?
Answer(s):
b . Legislative Committee
Comments:
Source:
Law on Election of National Assembly Deputies, article 4, article 6, article 9-12
Verified:
2021/03/23
Electoral Management
EM002
Responsibility of national EMB
Question: Does the national electoral body have the responsibility for elections at:
Answer(s):
a . National level
b . Regional level
Comments:
Source:
Law of 1997 on Election of Deputies to the National Assembly, as amended and supplemented by laws No. 31/2001/QH10 and No: 63/2010/QH12, art. 13:
http://www.moj.gov.vn/vbpq/en/lists/vn%20bn%20php%20lut/view_detail.aspx?itemid=2526 (2016)
Verified:
2021/03/25
EM003
Question: The national electoral management body reports to:
Answer(s):
f . Other
Comments:
The National electoral management body is tasked To report on the organization and process of the election according to the regulations of the
Election Council;
To send the dossier and documents on the election to the People’s Committees of the province or
the city directly under the Central Government;
Source:
vietnam-law-of-1997-on-election-of-deputies-to-the Article 15(10)(11)
Verified:
2021/03/23
EM004
EMB budget determined by
Question: The budget of the national electoral management body is determined by:
Answer(s):
c . The legislature
Comments:
The fund for organizing the election of the deputies to the National Assembly shall be ensured by the State Budget.
Source:
Law of 1997 on Election of Deputies to the National Assembly, as amended and supplemented by laws No. 31/2001/QH10 and No: 63/2010/QH12, art. 7:
http://www.moj.gov.vn/vbpq/en/lists/vn%20bn%20php%20lut/view_detail.aspx?itemid=2526 (2016)
Verified:
2021/03/23
EM005
EMB expenditures controlled by
Question: The expenditures of the national electoral management body are controlled by:
Answer(s):
h . No information available
Comments:
Source:
Law of 1997 on Election of Deputies to the National Assembly, as amended and supplemented by laws No. 31/2001/QH10 and No: 63/2010/QH12: http://www.moj.gov.vn/vbpq/en/lists/vn%20bn%20php%20lut/view_detail.aspx?itemid=2526 (2016)
Verified:
2021/03/23
EM006
Term of EMB members
Question: The term of the members of the national electoral management body is:
Answer:
a . For the election period only
Comments:
Not later than ninety days before the election day, the National Assembly shall set up the Election Council
Source:
Law of 1997 on Election of Deputies to the National Assembly, as amended and supplemented by laws No. 31/2001/QH10 and No. 63/2010/QH12, art. 14 (1), 21:
http://www.moj.gov.vn/vbpq/en/lists/vn%20bn%20php%20lut/view_detail.aspx?itemid=2526 (2016)
Verified:
2021/03/23
EM007
Question: The national electoral management body chairperson, or equivalent, is chosen in the following way:
Answer(s):
b . Legislative appointment
Comments:
Source:
vietnam-law-of-1997-on-election-of-deputies-to-the Article 14
Verified:
2021/03/23
EM012
Electoral Management model
Question: What is the Electoral Management model?
Answer:
a . Governmental
Comments:
Source:
Law of 1997 on Election of Deputies to the National Assembly, as amended and supplemented by laws No. 31/2001/QH10 and No. 63/2010/QH12, art. 14 (1):
http://www.moj.gov.vn/vbpq/en/lists/vn%20bn%20php%20lut/view_detail.aspx?itemid=2526 (2016)
Verified:
2021/03/23
EM013
Number of EMB members
Question: The EMB is composed of:
Answer:
b . 11 - 20 members (specify)
Comments:
The Central Election Council shall be composed of between fifteen and twenty-one persons, including a Chairman, Vice-Chairmen, a General Secretary and other persons who are representatives of the Standing Committee of the National Assembly, the Government, the Central Committee of the Vietnam Fatherland Front, and a number of concerned agencies and organizations.
Source:
Law of 1997 on Election of Deputies to the National Assembly, as amended and supplemented by laws No. 31/2001/QH10 and No. 63/2010/QH12, art. 14 (1): http://www.moj.gov.vn/vbpq/en/lists/vn%20bn%20php%20lut/view_detail.aspx?itemid=2526 (2016)
Verified:
2021/03/23
EM014
Membership based on
Question: The EMB members/commissioners are selected on the basis of their:
Answer:
a . Partisanship
Comments:
The Chairman, Vice-Chairmen, Secretary General and members are representatives of the National Assembly Standing Committee, the Government, the Vietnam Fatherland Front Central Committee, and a number of concerned agencies and organizations.
Source:
Law of 1997 on Election of Deputies to the National Assembly, as amended and supplemented by laws No. 31/2001/QH10 and No. 63/2010/QH12, art. 14 (1): http://www.moj.gov.vn/vbpq/en/lists/vn%20bn%20php%20lut/view_detail.aspx?itemid=2526 (2016)
Verified:
2021/03/23
EM015
Question: The EMB members/commissioners are selected by:
Answer(s):
e . Legislature
Comments:
The National Assembly Standing Committee
Source:
Law of 1997 on Election of Deputies to the National Assembly, as amended and supplemented by laws No. 31/2001/QH10 and No. 63/2010/QH12, art. 14 (1): http://www.moj.gov.vn/vbpq/en/lists/vn%20bn%20php%20lut/view_detail.aspx?itemid=2526 (2016)
Verified:
2016/06/20
Voter Education
VE001
Information campaigns performed by
Question: Who conducts information campaigns for national elections (informing where, when and how to register and/or vote)?
Answer(s):
a . National Electoral Management Body
b . Regional Electoral Management Bodies
c . Local/County Electoral Management Bodies
Comments:
The Central Election Council, the Provincial-level Committees for Election of Deputies to the National Assembly and Deputies to the People's Councils in provinces and centrally run cities and the Election Teams of the electorates.
Source:
Law of 1997 on Election of Deputies to the National Assembly, as amended and supplemented by laws No. 31/2001/QH10 and No: 63/2010/QH12, art. 14 (2), 15 (2), 17 (2), 56: http://www.moj.gov.vn/vbpq/en/lists/vn%20bn%20php%20lut/view_detail.aspx?itemid=2526 (2016)
Verified:
2021/03/24
VE002
Frequency of voter education programs
Question: At the national level, how often are voter education programs conducted?
Answer:
d . No information available
Comments:
Source:
Law of 1997 on Election of Deputies to the National Assembly, as amended and supplemented by laws No. 31/2001/QH10 and No: 63/2010/QH12, art. 14 (2), 15 (2), 17 (2), 56: http://www.moj.gov.vn/vbpq/en/lists/vn%20bn%20php%20lut/view_detail.aspx?itemid=2526 (2013)
Verified:
2021/03/24
VE003
National civic education
Question: Is there a national civic education campaign (rights and responsibilities of citizens)?
Answer(s):
a . No
Comments:
Source:
Law of 1997 on Election of Deputies to the National Assembly, as amended and supplemented by laws No. 31/2001/QH10 and No: 63/2010/QH12, art. 14 (2), 15 (2), 17 (2), 56: http://www.moj.gov.vn/vbpq/en/lists/vn%20bn%20php%20lut/view_detail.aspx?itemid=2526 (2016)
Verified:
2021/03/24
VE004
Question: What types of voter education activities were carried out at the most recent national elections?
Answer(s):
a . Poster/ Billboard campaigns
b . Media advertisement
e . Public meetings
Comments:
Source:
Law on Election of National Assembly Deputies, article 56, article 14-15
Verified:
2021/03/24
VE005
Question: What types of civic education activities were carried out at the most recent national elections?
Answer(s):
a . Poster/ Billboard campaigns
b . Media advertisement
e . Public meetings
Comments:
Source:
Law on Election of National Assembly Deputies, article 56,article 14-15
Verified:
2021/03/25
VE006
Question: Special voter education programs were developed at the most recent national elections for:
Answer(s):
h . Not applicable
Comments:
no Voter education programs were developed
Source:
http://www.appf.org.pe/members/023about.htm#dernieres_elections
Verified:
2021/03/25
Voter Registration
VR001
Voting age
Question: What is the legal voting age in the national elections?
Answer:
c . 18
Comments:
The citizen, regardless of nationality, sex, social background, religious belief, cultural standard, occupation, time of residence, shall, upon reaching the age of eighteen, have the right to vote.
Source:
Constitution of 1992 as amended, art. 54: http://www.moj.gov.vn/vbpq/en/Lists/Vn%20bn%20php%20lut/View_Detail.aspx?ItemID=10450 (2016);
Law of 1997 on Election of Deputies to the National Assembly, as amended and supplemented by laws No. 31/2001/QH10 and No: 63/2010/QH12, art. 2:
http://www.moj.gov.vn/vbpq/en/lists/vn%20bn%20php%20lut/view_detail.aspx?itemid=2526 (2013)
Verified:
2021/03/24
VR002
Other voting requirements
Question: Beyond age, what other qualifications exist for registering to vote and voting in the national elections?
Answer(s):
a . Citizenship
Comments:
All citizens of the Socialist Republic of Vietnam, irrespective of their ethnicity, sex, social standing, belief, religion, educational level, occupation, length of residence, who have attained the age of full eighteen years and over shall have the right to vote. Each voter can register his/her name only in the list in the place where he/she is permanently or temporarily residing.
Source:
Constitution of 1992 as amended, art. 54:
http://www.moj.gov.vn/vbpq/en/Lists/Vn%20bn%20php%20lut/View_Detail.aspx?ItemID=10450 (2016);
Law of 1997 on Election of Deputies to the National Assembly, as amended and supplemented by laws No. 31/2001/QH10 and No: 63/2010/QH12, art. 2, 22: http://www.moj.gov.vn/vbpq/en/lists/vn%20bn%20php%20lut/view_detail.aspx?itemid=2526 (2016)
Verified:
2021/03/24
VR003
Question: What restrictions on registering to vote and voting exist in the country?
Answer(s):
a . Criminal Incarceration
c . Detention
d . Mental disability
Comments:
Source:
Law on Election of National Assembly Deputies, article 23
Verified:
2021/03/24
VR004
Authority responsible for voter registration
Question: Which is the authority responsible for the registration of voters for national elections?
Answer:
c . Local Government Authority
Comments:
The voters lists shall be drawn up by the commune/ward/township People’s Committee according to the electorates.
The Election Boards of the constituencies shall supervise the drawing up and posting of the voter list.
Source:
Law of 1997 on Election of Deputies to the National Assembly, as amended and supplemented by laws No. 31/2001/QH10 and No: 63/2010/QH12, art. 16, 24:
http://www.moj.gov.vn/vbpq/en/lists/vn%20bn%20php%20lut/view_detail.aspx?itemid=2526 (2016)
Verified:
2021/03/24
VR005
Question: What is the registration method for national elections?
Answer:
d . Other
Comments:
The voters' lists shall be drawn up by the commune/ward/township People’s Committee
according to the electorates.
Source:
Law on Election of National Assembly Deputies, article 16, article 24
Verified:
2021/03/24
VR006
Question: How frequently is the voters register updated?
Answer:
e . Other
Comments:
If, from the time the voters' list is posted to the election day, any voter moves to another
place and cannot vote at the place where his/her name has already been included in the voters list,
he/she shall be entitled to ask for a certificate from the People’s Committee of the concerned
commune, ward, or township to so that he/she can have his/her name included in the voters list and
vote in the new place. When issuing the certificate, the People’s Committee must immediately write
down in the voters' list next to the name of such voter "Vote elsewhere."
Source:
Law on Election of National Assembly Deputies, article 24-27
Verified:
2021/03/24
VR007
Question: What methods are used to compile and update the voters register?
Answer(s):
j . Other
Comments:
When issuing the certificate, the People’s Committee must immediately write
down in the voters list next to the name of such voter "Vote elsewhere."
Source:
Election Law Article 27
Verified:
2021/03/24
VR008
Is it compulsory to be on the voters register?
Question: Is it compulsory to be on the voters register?
Answer:
a . Yes
Comments:
Source:
Law of 1997 on Election of Deputies to the National Assembly, as amended and supplemented by laws No. 31/2001/QH10 and No: 63/2010/QH12, art. 22, 24: http://www.moj.gov.vn/vbpq/en/lists/vn%20bn%20php%20lut/view_detail.aspx?itemid=2526 (2016)
Verified:
2021/03/24
Parties and Candidates
PC001
Registration requirements for parties (Chamber 1)
Question: What are the registration requirements for political parties running for national elections (Chamber 1)?
Answer(s):
e . Minimum number of candidates
Comments:
The number of candidates in the list for each constituency must be greater than the number of deputies to be elected therein; should a constituency be allowed to elect three deputies, the number of candidates in the list must be at least 2 persons more than the number of deputies to be elected.
Source:
Law of 1997 on Election of Deputies to the National Assembly, as amended and supplemented by laws No. 31/2001/QH10 and No: 63/2010/QH12, art. 46:
http://www.moj.gov.vn/vbpq/en/lists/vn%20bn%20php%20lut/view_detail.aspx?itemid=2526 (2016)
Verified:
2021/03/24
PC002
Registration requirements for parties (Chamber 2)
Question: What are the registration requirements for political parties running for national elections (Chamber 2)?
Answer(s):
h . Not applicable
Comments:
There is only one chamber
Source:
Law on Election of Deputies to the National Assembly and Deputies to People’s Councils
Verified:
2021/03/24
PC003
Registration requirements for candidates (Chamber 1)
Question: What are the legal qualifications to become a candidate at legislative elections (Chamber 1)?
Answer(s):
a . Age
b . Citizenship
Comments:
All citizens of the Socialist Republic of Vietnam, irrespective of their ethnicity, sex, social standing, belief, religion, educational level, occupation, length of residence, who have attained the age of full twenty one years and over shall have the right to stand for the National Assembly.
Source:
Law of 1997 on Election of Deputies to the National Assembly, as amended and supplemented by laws No. 31/2001/QH10 and No: 63/2010/QH12, art. 2:
http://www.moj.gov.vn/vbpq/en/lists/vn%20bn%20php%20lut/view_detail.aspx?itemid=2526 (2016)
Verified:
2021/03/24
PC004
Registration requirements for candidates (Chamber 2)
Question: What are the legal qualifications to become a candidate at legislative elections (Chamber 2)?
Answer(s):
l . Not applicable
Comments:
There is only one chamber
Source:
Law on Election of Deputies to the National Assembly and Deputies to People’s Councils
Verified:
2021/03/24
PC005
Question: What are the legal qualifications for becoming a candidate at presidential elections?
Answer(s):
k . Not applicable
Comments:
candidates must be recommended by the Standing Committee of the previous Assembly
Source:
Law on Election of Deputies to the National Assembly and Deputies to People’s Councils
Verified:
2021/03/24
PC006
Question: What can disqualify a candidate at legislative elections?
Answer(s):
o . Other
Comments:
having a record of not being loyal to the country, possessed of good ethical norms, be industrious, thrifty, public-minded, selfless, exemplary in
the observance of the law; resolutely combat all manifestations of bureaucratism, imperiousness,
authoritarianism, corruption, and law-breaking acts;
Source:
Election Law Article 3(1-2)
Verified:
2021/03/24
PC007
Question: What can disqualify a candidate at presidential elections?
Answer(s):
o . Not applicable
Comments:
Source:
LAW ON ELECTION OF THE DEPUTIES TO THE NATIONAL ASSEMBLY 1997
Verified:
2021/03/24
PC008
Independent candidates
Question: Can independent candidates compete in presidential or legislative elections?
Answer(s):
c . In legislative elections (Chamber 1)
Comments:
The candidates nominated by the political, socio-political or social organizations, or the People’s Armed force units or State agencies at the local level and the independent candidates shall submit their dossiers to the Election Committee of the place where they stand for the election.
Source:
Law of 1997 on Election of Deputies to the National Assembly, as amended and supplemented by laws No. 31/2001/QH10 and No: 63/2010/QH12, art. 28
http://www.moj.gov.vn/vbpq/en/lists/vn%20bn%20php%20lut/view_detail.aspx?itemid=2526 (2016)
Verified:
2021/03/24
PC009
Question: If independent candidates can compete in legislative elections (Chamber 1), what are the registration requirements?
Answer(s):
b . Deposit requirement (specify)
Comments:
An application for candidacy;
A curriculum vitae certified by the agency, organization, or unit where he/she is working or by the
People’s Committee of the ward, commune, or township where he/she is residing;
A summarized biography and three color photos in 4 cm x 6 cm size.
Source:
Election Law Article 28 (a,b,c)
Verified:
2021/03/24
PC010
Question: If independent candidates can compete in legislative elections (Chamber 2), what are the registration requirements?
Answer(s):
e . Not applicable
Comments:
Source:
Law on Election of Deputies to the National Assembly and Deputies to People’s Councils
Verified:
2021/03/24
PC011
Question: If independent candidates can compete in presidential elections, what are the registration requirements?
Answer(s):
e . Not Applicable
Comments:
elected by all Members of the Assembly
Source:
http://www.appf.org.pe/members/023about.htm#systeme_electoral
Verified:
2021/03/24
PC012
Public funding of parties
Question: Do political parties receive direct/indirect public funding?
Answer(s):
f . Not applicable
Comments:
Vietnam is a one-party state.
Source:
Constitution of 1992 as amended, art. 4:
http://www.moj.gov.vn/vbpq/en/Lists/Vn%20bn%20php%20lut/View_Detail.aspx?ItemID=10450 (2016)
Verified:
2021/03/24
PC013
Question: If political parties receive direct/indirect public funding, when do they receive this?
Answer(s):
d . Not Applicable
Comments:
Vietnam is a one-party state.
Source:
Constitution of 1992 as amended, art. 4: http://www.moj.gov.vn/vbpq/en/Lists/Vn%20bn%20php%20lut/View_Detail.aspx?ItemID=10450 (2016)
Verified:
2021/03/24
PC014
Question: If political parties receive indirect public funding, identify the type of funding:
Answer(s):
e . Not Applicable
Comments:
Vietnam is an one-party state.
Source:
Constitution of 1992 as amended, art. 4: http://www.moj.gov.vn/vbpq/en/Lists/Vn%20bn%20php%20lut/View_Detail.aspx?ItemID=10450 (2016)
Verified:
2021/03/24
PC015
Question: What is the basis of the public funding?
Answer(s):
g . Not applicable
Comments:
Vietnam is a one-party state.
Source:
Constitution of 1992 as amended, art. 4:
http://www.moj.gov.vn/vbpq/en/Lists/Vn%20bn%20php%20lut/View_Detail.aspx?ItemID=10450 (2016)
Verified:
2021/03/24
PC016
Question: If political parties receive public funding, what is the specified purpose?
Answer(s):
e . Not Applicable
Comments:
Vietnam is a one-party state.
Source:
Constitution of 1992 as amended, art. 4: http://www.moj.gov.vn/vbpq/en/Lists/Vn%20bn%20php%20lut/View_Detail.aspx?ItemID=10450 (2016)
Verified:
2021/03/24
PC017
Question: Are political parties entitled to private funding?
Answer:
d . Not applicable
Comments:
Vietnam is a one-party state.
Source:
Constitution of 1992 as amended, art. 4: http://www.moj.gov.vn/vbpq/en/Lists/Vn%20bn%20php%20lut/View_Detail.aspx?ItemID=10450 (2016)
Verified:
2021/03/24
PC018
Question: If political parties are entitled to private funding, for what period?
Answer(s):
d . Not Applicable
Comments:
Vietnam is a one-party state.
Source:
Constitution of 1992 as amended, art. 4: http://www.moj.gov.vn/vbpq/en/Lists/Vn%20bn%20php%20lut/View_Detail.aspx?ItemID=10450 (2016)
Verified:
2021/03/24
PC019
Question: Which of the following party financing provisions are applicable?
Answer(s):
j . Not applicable
Comments:
Vietnam is a one-party state.
Source:
Constitution of 1992 as amended, art. 4: http://www.moj.gov.vn/vbpq/en/Lists/Vn%20bn%20php%20lut/View_Detail.aspx?ItemID=10450 (2016)
Verified:
2021/03/24
PC020
Question: Which of the following candidate financing provisions are applicable?
Answer(s):
j . Not applicable
Comments:
Source:
Constitution of 1992 as amended, art. 4: http://www.moj.gov.vn/vbpq/en/Lists/Vn%20bn%20php%20lut/View_Detail.aspx?ItemID=10450 (2016)
Verified:
2021/03/25
PC021
Question: Who is responsible for administering and enforcing party income/funding regulations at national level?
Answer(s):
e . Not applicable
Comments:
Source:
Constitution of 1992 as amended, art. 4: http://www.moj.gov.vn/vbpq/en/Lists/Vn%20bn%20php%20lut/View_Detail.aspx?ItemID=10450 (2016)
Verified:
2021/03/24
Vote Counting
VC001
Question: What are the characteristics of ballots used at national legislative elections (Chamber 1)?
Answer(s):
c . Write-in ballot
Comments:
Any voter who is unable to write his/her ballot may ask another person to do that for him/her but must
cast the ballot by himself/herself; the person who helps in writing the ballot must keep secret the
voter’s ballot; if, due to his/her disability, the voter is unable to cast ballot by himself/herself, he/she
can ask another person to cast the ballot into the ballot box.
Source:
Election Law Article 59
Verified:
2021/03/25
VC002
Question: What are the characteristics of ballots used at national legislative elections (Chamber 2)?
Answer(s):
s . Not applicable
Comments:
There is only 1 chamber
Source:
http://www.appf.org.pe/members/023about.htm#systeme_electoral
Verified:
2021/03/24
VC003
Question: What are the characteristics of ballots used at presidential elections?
Answer(s):
s . Not Applicable
Comments:
The legislative elects the president
Source:
http://www.appf.org.pe/members/023about.htm#systeme_electoral
Verified:
2021/03/24
VC004
Votes are sorted/counted at
Question: Following the close of the voting, where are the votes first sorted and counted?
Answer:
a . The polling stations
Comments:
The counting of votes must be conducted in the polling station immediately after the voting is over.
Source:
Law of 1997 on Election of Deputies to the National Assembly, as amended and supplemented by laws No. 31/2001/QH10 and No: 63/2010/QH12, art. 64:
http://www.moj.gov.vn/vbpq/en/lists/vn%20bn%20php%20lut/view_detail.aspx?itemid=2526 (2016)
Verified:
2021/03/24
VC005
Question: What procedures are used in the initial count?
Answer(s):
t . Other
Comments:
The counting of votes must be conducted in the polling station immediately after the voting
is over.
Before opening the ballot box, the Election Team must count, write a report on and seal the unused
ballots and have to invite two voters who are not candidates to witness the vote count.
The candidates, the representatives of the agencies, organizations and units that nominate the
candidates and/or the authorized persons shall have the right to witness the vote count and make
complaints about it. Reporters of the press shall be allowed to witness the vote count.
Source:
Election Law Article 64
Verified:
2021/03/24
VC006
Question: Following the sorting and counting, to where are the results first transmitted for consolidation?
Answer(s):
f . Other
Comments:
Not
later than three days after the election day the report shall be sent to the Election Board and the
Chairman of the People’s Council, the People’s Committee, the Standing Board of the Fatherland
Front Committee of the commune, ward or township.
Source:
Election Law Article 68
Verified:
2021/03/24
VC007
Question: At what levels are seats allocated?
Answer(s):
c . Regional level (specify whether it is constituency/ province/ state/ department/other)
Comments:
The number of electoral units and number of Deputies to be elected by each is based on population. Each unit may elect no more than three Deputies, and each province and city directly under the central government authority is allotted at least three seats; Hanoi, the capital, is allocated 23 Deputies.
Source:
http://www.appf.org.pe/members/023about.htm#systeme_electoral
Verified:
2021/03/24
VC008
Question: How are the initial/preliminary polling results transmitted and communicated to the different levels?
Answer(s):
h . Other
Comments:
There is no specification on how the results get transmitted, nevertheless, The report on the election results shall be made in five copies, each affixed with the signatures of the Head, Deputy Heads
and the Secretary of the Board. Not later than five days after the election day, it shall be sent to the
Election Council, the Election Committee, the Standing Board of the People’s Council, the People’s
Committee and the Fatherland Front Committee of the province or the city directly under the Central
Government.
Source:
Election Law Article 69
Verified:
2021/03/24
VC009
Question: If the polling results are physically transported, what is transported?
Answer(s):
h . Other
Comments:
The report on the election results gets shared
Source:
Election Law Article 69
Verified:
2021/03/24
VC010
Question: If the polling results are physically transported, what security measures are used?
Answer(s):
k . Not applicable
Comments:
Source:
Election Law Article 69
Verified:
2021/03/24
VC011
When are ballots recounted?
Question: Under what conditions are ballots recounted?
Answer(s):
g . No information available
Comments:
Source:
Law of 1997 on Election of Deputies to the National Assembly, as amended and supplemented by laws No. 31/2001/QH10 and No. 63/2010/QH12: http://www.moj.gov.vn/vbpq/en/lists/vn%20bn%20php%20lut/view_detail.aspx?itemid=2526 (2016)
Verified:
2021/03/24
VC015
Question: Are preliminary results announced?
Answer:
b . No
Comments:
After receiving the reports on the results of the vote counts from the Election Teams, the
Election Board shall check these reports and draw up a report confirming the election result in its
constituency.
Source:
Election Law Article 69
Verified:
2021/03/25
VC017
Question: Is there a legal requirement for the declaration of the officially certified results?
Answer:
c . Not applicable
Comments:
- the Election Council shall, on the basis of the sum-up report on the nation-wide election,
make public the election returns and the list of the elected deputies of the National Assembly
Source:
Election Law Article 77
Verified:
2021/03/25
VC018
Question: How long after the close of polls is the certified results publicly announced? (if there is no legal requirement enter the average time)
Answer:
d . months:
Comments:
The official report detailing the results of the elections must be drafted, updated and double-checked by different offices, from the Election Boards to the Election Committees and finally the Election Council
Source:
Election Law Articles 75,76,77
Verified:
2021/03/25
Media and Elections
ME037
Criteria for allocating free broadcast time
Question: What are the criteria for allocating free broadcast time and/or free printed advertisement space to political parties?
Answer(s):
i . Not applicable
Comments:
Source:
Constitution of 1992 as amended, art. 4:
http://www.moj.gov.vn/vbpq/en/Lists/Vn%20bn%20php%20lut/View_Detail.aspx?ItemID=10450 (2016);
Law of 1997 on Election of Deputies to the National Assembly, as amended and supplemented by laws No. 31/2001/QH10 and No: 63/2010/QH12, art. 52, 53:
http://www.moj.gov.vn/vbpq/en/lists/vn%20bn%20php%20lut/view_detail.aspx?itemid=2526 (2016)
Verified:
2016/06/20
ME059
Television debates
Question: Are televised debates between candidates or party representatives normally conducted?
Answer(s):
c . No
Comments:
Source:
Constitution of 1992 as amended, art. 4: http://www.moj.gov.vn/vbpq/en/Lists/Vn%20bn%20php%20lut/View_Detail.aspx?ItemID=10450 (2016);
Law of 1997 on Election of Deputies to the National Assembly, as amended and supplemented by laws No. 31/2001/QH10 and No: 63/2010/QH12, art. 52, 53:
http://www.moj.gov.vn/vbpq/en/lists/vn%20bn%20php%20lut/view_detail.aspx?itemid=2526 (2016)
Verified:
2016/06/20
ME062
Blackout period for release of opinion poll results.
Question: What is the blackout period, if any, during which results of pre-election opinion polls may not be released to the public?
Answer:
h . Not applicable
Comments:
Source:
Constitution of 1992 as amended, art. 4:
http://www.moj.gov.vn/vbpq/en/Lists/Vn%20bn%20php%20lut/View_Detail.aspx?ItemID=10450 (2016);
Law of 1997 on Election of Deputies to the National Assembly, as amended and supplemented by laws No. 31/2001/QH10 and No: 63/2010/QH12, art. 52, 53:
http://www.moj.gov.vn/vbpq/en/lists/vn%20bn%20php%20lut/view_detail.aspx?itemid=2526 (2016)
Verified:
2016/06/20
ME080
Question: Is there a maximum amount that a political party is permitted to spend on paid advertising during a campaign period?
Answer:
d . Not applicable
Comments:
Source:
Constitution of 1992 as amended, art. 4:
http://www.moj.gov.vn/vbpq/en/Lists/Vn%20bn%20php%20lut/View_Detail.aspx?ItemID=10450 (2016)
Verified:
2016/06/20
Direct Democracy
DD002
Direct Democracy Provisions (National Level)
Question: Are there any Legal Provisions for Direct Democracy Procedures at the national level?
Answer:
a . Yes
Comments:
The Standing Committee of the National Assembly shall organise a referendum following decision by the National Assembly.
Source:
Constitution of 1992 as amended, art. 53, 84 (14), 91 (12): http://www.moj.gov.vn/vbpq/en/Lists/Vn%20bn%20php%20lut/View_Detail.aspx?ItemID=10450 (2016)
Verified:
2021/03/24
DD003
Mandatory referendums (national level)
Question: Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer:
b . No
Comments:
Source:
Constitution of 1992 as amended, art. 53, 84 (14), 91 (12):
http://www.moj.gov.vn/vbpq/en/Lists/Vn%20bn%20php%20lut/View_Detail.aspx?ItemID=10450 (2016)
Verified:
2021/03/24
DD004
Optional referendums (national level)
Question: Are there any Legal Provisions for Optional Referendums at the national level?
Answer:
a . Yes
Comments:
The Standing Committee of the National Assembly shall organise a referendum following decision by the National Assembly.
Source:
Constitution of 1992 as amended, art. 53, 84 (14), 91 (12): http://www.moj.gov.vn/vbpq/en/Lists/Vn%20bn%20php%20lut/View_Detail.aspx?ItemID=10450 (2016)
Verified:
2021/03/24
DD005
Citizens' Initiatives (national level)
Question: Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer:
b . No
Comments:
Source:
Constitution of 1992 as amended:
http://www.moj.gov.vn/vbpq/en/Lists/Vn%20bn%20php%20lut/View_Detail.aspx?ItemID=10450 (2016)
Verified:
2021/03/24
DD006
Agenda Initiatives (national level)
Question: Are there any Legal Provisions for Agenda Initiatives at national level?
Answer:
b . No
Comments:
Source:
Constitution of 1992 as amended:
http://www.moj.gov.vn/vbpq/en/Lists/Vn%20bn%20php%20lut/View_Detail.aspx?ItemID=10450 (2016)
Verified:
2021/03/24
DD007
Question: Are there any Legal Provisions for Recalls at national level?
Answer:
b . No
Comments:
Source:
Constitution of 1992 as amended:
http://www.moj.gov.vn/vbpq/en/Lists/Vn%20bn%20php%20lut/View_Detail.aspx?ItemID=10450 (2016)
Verified:
2021/03/24
DD008
Question: What is the legal basis for the administrative requirements for mandatory referendums at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
e . Not applicable
Comments:
Source:
Verified:
2021/03/25
DD009
Question: What is the legal basis for the administrative requirements for optional referendums at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
a . Constitutional
Comments:
The referendum of October 1955 was held during the period the country was divided, and thus only in the then South Vietnam. In North Vietnam, there has never been any referendums.
Source:
1992 Constitution of the Socialist Republic of Vietnam
(adopted on 9 November 1946, amended in 25 December 2001)
Verified:
2021/03/25
DD010
Question: What is the legal basis for the administrative requirements for citizens' initiatives at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
e . Not applicable
Comments:
Source:
Verified:
2021/03/25
DD100
Question: What restrictions, if any, are there in relation to signature collection for an agenda initiative?
Answer(s):
f . Not applicable
Comments:
Source:
Verified:
2021/03/25
DD101
Question: What restrictions, if any, are there in relation to signature collection for a recall?
Answer(s):
f . Not applicable
Comments:
Source:
Verified:
2021/03/25
DD102
Question: What form of checks are undertaken to verify signatures for a referendum?
Answer:
d . Not applicable
Comments:
Source:
Verified:
2021/03/25
DD103
Question: What form of checks are undertaken to verify signatures for a citizens' initiative?
Answer(s):
d . Not applicable
Comments:
Source:
Verified:
2021/03/25
DD104
Question: What form of checks are undertaken to verify signatures for a recall?
Answer:
d . Not applicable
Comments:
Source:
Verified:
2021/03/25
DD105
Question: Who is responsible for checking the signatures?
Answer(s):
e . Not applicable
Comments:
Source:
Verified:
2021/03/25
DD106
Question: Which organisation(s), if any, is responsible for running non-partisan information or voter education campaigns to inform voters about the issue being addressed in a referendum?
Answer(s):
g . Not applicable
Comments:
Source:
Verified:
2021/03/25
DD107
Question: Which organisation(s), if any, is responsible for running non-partisan information or voter education campaigns to inform voters about the issue being addressed in an initiative?
Answer(s):
g . Not applicable
Comments:
Source:
Verified:
2021/03/25
DD108
Question: Which organisation(s), if any, is responsible for running non-partisan information or voter education campaigns to inform voters about the issue being addressed in a recall?
Answer(s):
g . Not applicable
Comments:
Source:
Verified:
2021/03/25
DD109
Question: What activities, if any, are undertaken as part of non-partisan information or voter education campaigns for a referendum?
Answer(s):
i . Not applicable
Comments:
Source:
Verified:
2021/03/25
DD011
Question: What is the legal basis for the administrative requirements for agenda initiatives at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
e . Not applicable
Comments:
Source:
Verified:
2021/03/25
DD110
Question: What activities, if any, are undertaken as part of non-partisan information or voter education campaigns for an initiative?
Answer(s):
i . Not applicable
Comments:
Source:
Verified:
2021/03/25
DD111
Question: What activities, if any, are undertaken as part of non-partisan information or voter education campaigns for a recall?
Answer(s):
i . Not applicable
Comments:
Source:
Verified:
2007/01/07
DD112
Question: Which of the following controls, if any, apply in relation to campaigning for or against the issue being addressed in a referendum?
Answer(s):
h . Not applicable
Comments:
Source:
Verified:
2021/03/25
DD113
Question: Which of the following controls, if any, apply in relation to campaigning for or against the issue being addressed in an initiative?
Answer(s):
h . Not applicable
Comments:
Source:
Verified:
2021/03/25
DD114
Question: Which of the following controls, if any, apply in relation to campaigning for or against the issue being addressed in a recall?
Answer(s):
h . Not applicable
Comments:
Source:
Verified:
2021/03/25
DD115
Question: What is the period during which these controls apply for a referendum?
Answer:
c . Not applicable
Comments:
Source:
Verified:
2021/03/25
DD116
Question: What is the period during which these controls apply for an initiative?
Answer:
c . Not applicable
Comments:
Source:
Verified:
2021/03/25
DD117
Question: What is the period during which these controls apply for a recall?
Answer:
c . Not applicable
Comments:
Source:
Verified:
2021/03/25
DD118
Question: Which campaigners, if any, are entitled to some forms of public assistance for a referendum? Specify in the "Comments" section below.
Answer(s):
f . Not applicable
Comments:
Source:
Verified:
2021/03/25
DD119
Question: Which campaigners, if any, are entitled to some forms of public assistance for an initiative? Specify in the "Comments" section below.
Answer(s):
f . Not applicable
Comments:
Source:
Verified:
2021/03/25
DD012
Question: What is the legal basis for the administrative requirements for recalls at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
e . Not applicable
Comments:
Source:
Verified:
2021/03/25
DD120
Question: Which campaigners, if any, are entitled to some forms of public assistance for a recall? Specify in the "Comments" section below.
Answer(s):
f . Not applicable
Comments:
Source:
Verified:
2021/03/25
DD121
Question: Which forms of public assistance, if any, are provided for a referendum? Specify in the "Comments" section below.
Answer(s):
g . Not applicable
Comments:
Source:
Verified:
2021/03/25
DD122
Question: Which forms of public assistance, if any, are provided for an initiative? Specify in the "Comments" section below.
Answer(s):
g . Not applicable
Comments:
Source:
Verified:
2021/03/25
DD123
Question: Which forms of public assistance, if any, are provided for a recall? Specify in the "Comments" section below.
Answer(s):
g . Not applicable
Comments:
Source:
Verified:
2021/03/25
DD126
What restrictions or controls, if any, are there on media coverage of the campaign and/or issue during the relevant period?
Television is widely popular in Vietnam with television ownership estimated at 98% of the population.Prior to 2000, there were only two state-owned Television channels available in Vietnam.[13]:145 Since then, there are multiple television channels available, including international channels such as BBC World News or CNN International.[13]:148 However, international channels are broadcast with a 10-minute delay to allow censors to stop any broadcasts which are politically sensitive
Websites and social network operators based within Vietnam are required to allow the government to check local servers upon request, as well as possess a method to remove content within three hours of notification by the government
Source
Harms, Erik. Reviewed Work(s): The Birth of Vietnamese Political Journalism: Saigon 1916–1930 by Philippe M.F. Peycam, South East Asia Research 21, no. 3 (2013): 554.
https://en.wikipedia.org/wiki/Censorship_in_Vietnam#Television_censorship
Verified
2021/03/25
DD127
Question: What restrictions, if any, apply in relation to the individuals who can sign for a recall?
Answer:
e . Not applicable
Comments:
Source:
Verified:
2021/03/25
DD015
Question: Who is responsible for managing the administration of direct democracy mechanisms at the national level?
Answer(s):
d . Legislature
Comments:
Standing committee of National Assembly
Source:
Constitution, article 91 (12)
Verified:
2021/03/25
DD016
Question: Does this agency/department also manage the administration of national elections?
Answer:
a . Yes
Comments:
The Government is accountable to the National Assembly and shall make its
reports to the National Assembly, it's Standing Committee, and the State President
Source:
Constitution, Article 94(2)
Verified:
2021/03/25
DD017
Question: Are mandatory referendums currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
d . Not applicable
Comments:
Source:
Verified:
2021/03/25
DD018
Question: Are optional referendums currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
a . Yes, in all regions/states/provinces
Comments:
ss of 2016 A new Law on Referendum – one of the more prominent human rights-related laws in Vietnam -came into effect giving state authorities the right to call a referendum to gather public opinion on key issues.
The Law on Referendum has eight chapters with 52 articles. Under the new legislation, the National Assembly – Vietnam’s highest legislative body - has the right to call a referendum on key issues.
Source:
https://e.vnexpress.net/news/news/vietnam-s-public-referendum-act-comes-into-effect-today-3429065.html
Verified:
2021/03/25
DD019
Question: Are citizens' initiatives currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
d . Not applicable
Comments:
no available data
Source:
Verified:
2021/03/25
DD020
Question: Are agenda initiatives currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
a . Yes, in all regions/states/provinces
Comments:
matters related to sovereignty, national territory – defense – security; external relations that directly affect national interests; crucial social and economic matters that significantly influence the country’s development; and other important issues.
Source:
https://e.vnexpress.net/news/news/vietnam-s-public-referendum-act-comes-into-effect-today-3429065.html
Verified:
2021/03/25
DD021
Question: Are recalls currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
d . Not applicable
Comments:
Source:
Verified:
2021/03/25
DD022
Question: Are mandatory referendums currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
c . No
Comments:
The referendum only possible at the Legislative level
Source:
https://e.vnexpress.net/news/news/vietnam-s-public-referendum-act-comes-into-effect-today-3429065.html
Verified:
2021/03/25
DD023
Question: Are optional referendums currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
d . Not applicable
Comments:
no available data
Source:
Verified:
2021/03/25
DD024
Question: Are citizens' initiatives currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
c . No
Comments:
The referendum only possible at the Legislative level
Source:
https://e.vnexpress.net/news/news/vietnam-s-public-referendum-act-comes-into-effect-today-3429065.html
Verified:
2021/03/25
DD025
Question: Are agenda initiatives currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
c . No
Comments:
Initiatives only possible at first-tier authority level
Source:
https://e.vnexpress.net/news/news/vietnam-s-public-referendum-act-comes-into-effect-today-3429065.html
Verified:
2021/03/25
DD026
Question: Are recalls currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
d . Not applicable
Comments:
Source:
Verified:
2021/03/25
DD027
Question: What are the issues, if any, in relation to which referendums are mandatory at the national level?
Answer(s):
l . Not applicable
Comments:
Source:
Verified:
2021/03/25
DD028
Question: What are the issues, if any, in relation to which referendums are optional at the national level?
Answer(s):
j . Other (specify)
Comments:
Depends on what national assembly decide.
Source:
Constitution, article 84, article 91 (12)
Verified:
2021/03/25
DD029
Question: Which issues, if any, are excluded from being the subject of referendums at the national level?
Answer(s):
k . None
Comments:
any issues that do not affect matters related to sovereignty, national territory – defense – security; external relations that directly affect national interests; crucial social and economic matters that significantly influence the country’s development; and other important issues.
Source:
https://e.vnexpress.net/news/news/vietnam-s-public-referendum-act-comes-into-effect-today-3429065.html
Verified:
2021/03/25
DD030
Question: Which issues, if any, maybe the subject of sub-national referendums regulated at the national level?
Answer(s):
f . Not applicable
Comments:
Source:
Verified:
2021/03/25
DD031
Question: Who can initiate a referendum at the national level?
Answer(s):
f . Other (specify)
Comments:
National Assembly
Source:
Constitution, article 84, article 91 (12)
Verified:
2021/03/25
DD032
Question: Who is responsible for drafting the mandatory referendum question?
Answer(s):
g . Not applicable
Comments:
Source:
Verified:
2021/03/25
DD033
Question: Who is responsible for drafting the optional referendum question?
Answer(s):
g . Not applicable
Comments:
Source:
Verified:
2021/03/25
DD034
Question: Which of the following, if any, are required to be included in the mandatory referendum question?
Answer(s):
f . Not applicable
Comments:
Source:
Verified:
2021/03/25
DD035
Question: Which of the following, if any, are required to be included in the optional referendum question?
Answer(s):
f . Not applicable
Comments:
Source:
Verified:
2021/03/25
DD036
Question: Which institution(s) decides on the final form of the ballot text for mandatory referendums?
Answer(s):
f . Not applicable
Comments:
Source:
Verified:
2021/03/25
DD037
Question: Which institution(s) decides on the final form of the ballot text for optional referendums?
Answer(s):
f . Not applicable
Comments:
Source:
Verified:
2021/03/25
DD040
Question: What are the requirements for mandatory referendums to pass?
Answer(s):
e . Not applicable
Comments:
Source:
Verified:
2021/03/25
DD041
Question: What are the requirements for optional referendums to pass?
Answer(s):
e . Not applicable
Comments:
Source:
Verified:
2021/03/26
DD042
Question: In which areas, if any, do regulatory provisions differ between a referendum and a national election? Tick all that apply and specify below in the comments section.
Answer(s):
g . None
Comments:
Source:
Constitution 1992
Verified:
2021/03/26
DD043
Question: When is the outcome of a mandatory referendum binding?
Answer:
a . Always
Comments:
All referendums are binding and will take effect immediately on the announcement date. Their results must be respected by all state agencies, organizations and individuals, according to Article 11 of the legislation.
Source:
https://e.vnexpress.net/news/news/vietnam-s-public-referendum-act-comes-into-effect-today-3429065.html
Verified:
2021/03/25
DD044
Question: When is the outcome of an optional referendum binding?
Answer:
d . Not applicable
Comments:
Source:
Verified:
2021/03/25
DD045
Question: Which types of issues can be proposed by citizens using the citizens' initiative process at the national level?
Answer(s):
d . Not applicable
Comments:
Citizens have the right to take part in managing the State and society, in debating on general issues of the
whole country or of the locality, and make petitions or recommendation to the state offices and vote at any
referendum held by the State.
Source:
constitution 1992
Article 53
Verified:
2021/03/25
DD046
Question: Which types of issues can be proposed by citizens using the agenda initiative process at the national level?
Answer(s):
d . Not applicable
Comments:
Citizens have the right to take part in managing the State and society, in debating on general issues of the
whole country or of the locality, and make petitions or recommendation to the state offices and vote at any
referendum held by the State.
Source:
constitution 1992
Article 53
Verified:
2021/03/25
DD047
Question: Which issues, if any, are excluded from being the subject of a citizens' initiative at the national level?
Answer(s):
l . Not applicable
Comments:
Citizens have the right to take part in managing the State and society, in debating on general issues of the
whole country or of the locality, and make petitions or recommendation to the state offices and vote at any
referendum held by the State.
Source:
constitution 1992
Article 53
Verified:
2021/03/25
DD048
Question: Which issues, if any, are excluded from being the subject of an agenda initiative at the national level?
Answer(s):
l . Not applicable
Comments:
Source:
Verified:
2021/03/25
DD049
Question: Who may propose the registration of a citizens' initiative? Please specify in the "Comments" section below.
Answer(s):
d . Not applicable
Comments:
Source:
Verified:
2021/03/25
DD050
Question: Who may propose the registration of an agenda initiative? Please specify in the "Comments" section below.
Answer(s):
d . Not applicable
Comments:
Source:
Verified:
2021/03/25
DD051
Question: What material is necessary to accompany an application for registration?
Answer(s):
e . Not applicable
Comments:
Source:
Verified:
2021/03/25
DD052
Question: Who determines the title of a citizens' initiative?
Answer(s):
f . Not applicable
Comments:
Source:
Verified:
2021/03/25
DD053
Question: Who determines the title of an agenda initiative?
Answer:
e . Other (specify)
Comments:
Parties that can call for a referendum include the NA's Standing Committee, the state president, the government or at least one third of NA deputies.
Source:
https://e.vnexpress.net/news/news/vietnam-s-public-referendum-act-comes-into-effect-today-3429065.html
Verified:
2021/03/25
DD054
Question: Which, if any, of the following disqualify a proposed title of an initiative?
Answer(s):
h . Not applicable
Comments:
Source:
Verified:
2021/03/25
DD055
Question: Which services are provided by the agency/department responsible for the administration of direct democracy mechanisms before an initiative can be published?
Answer(s):
f . Not applicable
Comments:
Source:
Verified:
2021/03/25
DD056
Question: Under what circumstances is an initiative checked for constitutionality or legality?
Answer(s):
d . Not applicable
Comments:
Source:
Verified:
2021/03/25
DD057
Question: If a check of the constitutionality or legality of an initiative takes place, who is responsible for undertaking it?
Answer(s):
d . Legislature
Comments:
The National Assembly is the highest representative organ of the people and the
the highest organ of State power of the Socialist Republic of Vietnam.
The National Assembly exercises constitutional and legislative powers, decides
significant national affairs, and exercise supreme control overall activities of the State
Source:
Constitution of the Republic of Vietnam
Adopted by the National Assembly
28 November 2013
Article69
Verified:
2021/03/25
DD058
Question: If a check of the constitutionality or legality of an initiative takes place, when does this happen?
Answer(s):
f . Not applicable
Comments:
Source:
Verified:
2021/03/25
DD059
Question: Which institutions, if any, are given an opportunity to propose an alternative to proposals contained in a citizens' initiative?
Answer(s):
g . Not applicable
Comments:
Source:
Verified:
2021/03/25
DD060
Question: At which stage in the initiative process, if at all, can alternative proposals be made?
Answer(s):
e . Not applicable
Comments:
Source:
Verified:
2021/03/26
DD061
Question: What happens when there is a valid alternative proposal?
Answer:
e . Not applicable
Comments:
Source:
Verified:
2021/03/26
DD062
Question: When an initiative proposal and an alternative proposal are put to the vote on the same day, what choices does the voter have?
Answer(s):
f . Not applicable
Comments:
Source:
Verified:
2021/03/25
DD063
Question: Who decides the final ballot text?
Answer(s):
f . Not applicable
Comments:
Source:
Verified:
2021/03/26
DD064
Question: Once an initiative is qualified for the ballot, the vote on it takes place:
Answer:
d . Not applicable
Comments:
Source:
Verified:
2021/03/26
DD065
Question: Which of the following individuals/positions may be subject to the recall mechanism?
Answer(s):
k . Not applicable
Comments:
Source:
Verified:
2021/03/25
DD066
Question: What are the grounds upon which a recall may be launched?
Answer(s):
g . Not applicable
Comments:
Source:
Verified:
2021/03/26
DD068
Question: If a recall qualifies for the ballot, when is it put to the vote?
Answer:
d . Not applicable
Comments:
Source:
Verified:
2021/03/26
DD069
Question: When does the election to replace an individual who has been recalled take place?
Answer:
c . Not applicable
Comments:
In case of re-election, the election day shall be not later than fifteen days after the first election. In
the re-election, voters shall choose from the candidates on the list of the first election candidates. If, in
the re-election. the number of poll-goers is still not more than half of the number of voters registered in
the list, no re-election shall be held for the second time.
Source:
Election law article 72
Verified:
2021/03/26
DD071
Question: Can an individual who is the subject of a recall stand on the ballot for his/her own replacement?
Answer:
c . Not applicable
Comments:
Source:
Verified:
2021/03/26
DD076
Question: What is the deadline, if any, for collecting the required number of signatures after a proposal for an abrogative referendum (optional) has been published?
Answer:
c . Not applicable
Comments:
Source:
Verified:
2021/03/26
DD077
Question: What is the deadline, if any, for collecting the required number of signatures after a proposal for a rejective referendum (optional) has been published?
Answer:
c . Not applicable
Comments:
Source:
Verified:
2021/03/26
DD078
Question: What is the deadline, if any, for collecting the required number of signatures after a proposal for a citizens' initiative has been published?
Answer:
c . Not applicable
Comments:
Source:
Verified:
2021/03/26
DD079
Question: What is the deadline, if any, for collecting the required number of signatures after a proposal for an agenda initiative has been published?
Answer:
c . Not applicable
Comments:
Source:
Verified:
2021/03/26
DD080
Question: What restrictions, if any, apply in relation to the individuals who can sign the proposal for an abrogative referendum (optional)?
Answer(s):
e . Not applicable
Comments:
Source:
Verified:
2021/03/26
DD081
Question: What restrictions, if any, apply in relation to the individuals who can sign the proposal for a rejective referendum (optional)?
Answer(s):
d . None
e . Not applicable
Comments:
All referendums are binding and will take effect immediately on the announcement date. Their results must be respected by all state agencies, organizations and individuals, according to Article 11 of the legislation.
individuals don't have the right to reject the referendum
Source:
https://e.vnexpress.net/news/news/vietnam-s-public-referendum-act-comes-into-effect-today-3429065.html
Verified:
2021/03/26
DD082
Question: What restrictions, if any, apply in relation to the individuals who can sign the proposal for a citizens' initiative?
Answer(s):
e . Not applicable
Comments:
Source:
Verified:
2021/03/25
DD083
Question: What restrictions, if any, apply in relation to the individuals who can sign the proposal for an agenda initiative?
Answer(s):
e . Not applicable
Comments:
Source:
Verified:
2021/03/25
DD085
Question: What is the deadline, if any, for collecting the required number of signatures after a proposal for recall has been published?
Answer:
c . Not applicable
Comments:
Source:
Verified:
2021/03/26
DD086
Question: What restrictions, if any, apply in relation to the individuals who can sign the proposal for a recall?
Answer(s):
e . Not applicable
Comments:
Source:
Verified:
2021/03/26
DD087
Question: Where can proposals for an abrogative referendum (optional) be signed?
Answer(s):
g . Not applicable
Comments:
Source:
Verified:
2021/03/26
DD088
Question: Where can proposals for a rejective referendum (optional) be signed?
Answer(s):
g . Not applicable
Comments:
Source:
Verified:
2021/03/26
DD089
Question: Where can proposals for a citizens' initiative be signed?
Answer(s):
g . Not applicable
Comments:
Source:
Verified:
2021/03/24
DD090
Question: Where can proposals for an agenda initiative be signed?
Answer(s):
g . Not applicable
Comments:
Source:
Verified:
2021/03/25
DD091
Question: Where can proposals for a recall be signed?
Answer(s):
g . Not applicable
Comments:
Source:
Verified:
2021/03/26
DD092
Question: What information must signatories provide when signing the proposal for an abrogative referendum (optional)?
Answer(s):
e . Not applicable
Comments:
Source:
Verified:
2021/03/26
DD093
Question: What information must signatories provide when signing the proposal for a rejective referendum (optional)?
Answer(s):
e . Not applicable
Comments:
Source:
Verified:
2021/03/26
DD094
Question: What information must signatories provide when signing the proposal for a citizens' initiative?
Answer(s):
e . Not applicable
Comments:
Source:
Verified:
2021/03/25
DD095
Question: What information must signatories provide when signing the proposal for an agenda initiative?
Answer(s):
e . Not applicable
Comments:
Source:
Verified:
2021/03/25
DD096
Question: What information must signatories provide when signing the proposal for a recall?
Answer(s):
e . Not applicable
Comments:
Source:
Verified:
2021/03/25
DD097
Question: What restrictions, if any, are there in relation to signature collection for an abrogative referendum (optional)?
Answer(s):
f . Not applicable
Comments:
Source:
Verified:
2021/03/24
DD098
Question: What restrictions, if any, are there in relation to signature collection for a rejective referendum (optional)?
Answer(s):
f . Not applicable
Comments:
Source:
Verified:
2021/03/26
DD099
Question: What restrictions, if any, are there in relation to signature collection for a citizens' initiative?
Answer(s):
f . Not applicable
Comments:
Source:
Verified:
2021/03/25
DD129
Question: Are the results of referenda always binding, never binding or sometimes binding?
Answer:
d . No information available
Comments:
Source:
Constitution of 1992 as amended, art. 53, 84 (14), 91 (12):
http://www.moj.gov.vn/vbpq/en/Lists/Vn%20bn%20php%20lut/View_Detail.aspx?ItemID=10450 (2016)
Verified:
2021/03/25
DD130
Question: Are the types of issues to vote upon in a referendum constitutional changes only, other issues only or both constitutional and other issues?
Answer:
b . Only other issues than constitutional changes
Comments:
The National Assembly alone shall have the right to amend the Constitution. An amendment to the Constitution must be approved by at least two-thirds of its total membership.
Source:
Constitution of 1992 as amended, art. 147:
http://www.moj.gov.vn/vbpq/en/Lists/Vn%20bn%20php%20lut/View_Detail.aspx?ItemID=10450 (2016)
Verified:
2021/03/25
DD131
Question: Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer:
c . No information available
Comments:
Source:
Constitution of 1992 as amended:
http://www.moj.gov.vn/vbpq/en/Lists/Vn%20bn%20php%20lut/View_Detail.aspx?ItemID=10450 (2016)
Verified:
2021/03/25
DD132
Year of introducing Direct Democracy
Question: What year were the first Direct Democracy mechanisms introduced to the legal framework?
Answer:
h . No information available
Comments:
Source:
Verified:
2021/03/25
DD133
Question: What year was the first referendum/initiative held?
Answer:
h . No information available
Comments:
Source:
Verified:
2021/03/26
Voting Operations
VO003
Electors vote at
Question: Where can electors vote?
Answer(s):
a . At a specified polling station in the locality where they are registered at national elections
d . At specially designated polling stations
e . At mobile polling stations
Comments:
Source:
Law of 1997 on Election of Deputies to the National Assembly, as amended and supplemented by laws No. 31/2001/QH10 and No: 63/2010/QH12, art. 12, 22, 27, 58, 59: http://www.moj.gov.vn/vbpq/en/lists/vn%20bn%20php%20lut/view_detail.aspx?itemid=2526 (2016)
Verified:
2021/03/25
VO004
Voting outside the country is permitted for
Question: Who can vote from outside the country?
Answer(s):
a . Outside the country voting is not permitted
Comments:
Source:
Law of 1997 on Election of Deputies to the National Assembly, as amended and supplemented by laws No. 31/2001/QH10 and No: 63/2010/QH12, art. 58:
http://www.moj.gov.vn/vbpq/en/lists/vn%20bn%20php%20lut/view_detail.aspx?itemid=2526 (2016)
Verified:
2021/03/25
VO005
Locations for voting outside of the country
Question: If voting outside the country is permitted, at what places?
Answer(s):
h . Not applicable
Comments:
Source:
Law of 1997 on Election of Deputies to the National Assembly, as amended and supplemented by laws No. 31/2001/QH10 and No: 63/2010/QH12, art. 58:
http://www.moj.gov.vn/vbpq/en/lists/vn%20bn%20php%20lut/view_detail.aspx?itemid=2526 (2016)
Verified:
2016/06/20
VO006
Question: Can people vote in advance of the designated national election day(s)?
Answer:
a . No
Comments:
The election day must be a Sunday and will be announced at least 115 days in advance.
Source:
https://vietnamlawmagazine.vn/law-on-election-of-deputies-to-the-national-assembly-and-deputies-to-peoples-councils-5215.html
Verified:
2021/03/24
VO007
Question: If electors can vote in advance of the designated national election day(s), how may they do so?
Answer(s):
f . Not applicable
Comments:
Source:
Law on Election of National Assembly Deputies,article 59-63
Verified:
2021/03/24
VO008
Question: If electors can vote in advance of the designated national election day(s), specify who:
Answer(s):
g . Not applicable
Comments:
Source:
Law on Election of National Assembly Deputies,article 59-63
Verified:
2021/03/24
VO011
Voting method
Question: How do electors cast their votes?
Answer(s):
a . Manually marking of ballots
Comments:
Source:
Law of 1997 on Election of Deputies to the National Assembly, as amended and supplemented by laws No. 31/2001/QH10 and No: 63/2010/QH12, art. 58, 59, 60: http://www.moj.gov.vn/vbpq/en/lists/vn%20bn%20php%20lut/view_detail.aspx?itemid=2526 (2016)
Verified:
2021/03/24