Viet Nam Human Rights
»
Analysis-Comment
»
home
»
Law on Referendums promotes democracy and the people’s right to mastery
Law on Referendums promotes democracy and the people’s right to mastery
4/1/16
Referendum is a tool for the people to
directly express their will and exercise their power over issues of national
importance at a particular time. Referendum has been widely recognized as one
of the values of direct democracy in modern society.
According to the Viet Nam Lawyers'
Association, currently about 78 per cent of countries and territories in the
world have a law or some form of legal regulation that enacts referendum
powers. So far, 167 of 214 countries and territories have issued laws or legal
regulations on referenda.
In Vietnam,
referendum has been known since 1946 with the emergence of the country’s
first Constitution. Referendum is a way for people to express their will
and power to important issues of a country directly. However, the work of
collecting people's comments or giving the power to people to decide over such
issues remains limited in Vietnam. Though
referendum is stated in the country's constitution, there is no legal document
yet to give out its details.
Bearing in mind the significance
and importance of referendum, in 2014 the Vietnam Lawyers Association (VLA)
prepared and submitted to the National Assembly a project to build a law on
referendum and then was assigned by the National Assembly to draft the law.
And, on November 25th,
2015, Vietnam’s law-making
National Assembly (NA) approved several new human rights-related laws, the most
prominent of which is the Law on Referendums. With a majority
of votes, the legislature passed the Law on Referendums, which consists of nine
chapters and 56 articles, stipulating requirements for deciding and holding a
referendum, issues relating to referenda, referendum scale, referendum
procedures, and outcomes of referenda and their validity. The law will take
effect on July 1, 2016.
Under
the new legislation, the NA has the right to conduct a referendum to gather
opinions of people on key issues of the country.
These
issues include a part of the Constitution; special problems related to
sovereignty, national territory, and defense, security and external relations
that directly affect national interests; crucial social and economic matters
that significantly influence the country’s development; and other important
issues.
A
referendum is valid when at least three quarters of the total number of voters
nationwide take part, and its results are recognized only when over half of the
eligible ballots are cast, the law says.
For
a referendum on Constitution-related issues, its results are valid only when at
least two-thirds of the total qualified votes are counted, according to the
law.
Notably
though, the result of a referendum is final and decisive in the issue raised
for feedback from the public, according to Article 11 of the legislation.
That
means the result of a referendum will take effect directly, without having to
undergo any examination by any agency.
The law specifies the 2013 Constitution,
comprehends Vietnam’s legal system, and promotes democracy and the people’s right
to mastery.
As Vietnam is integrating intensively and extensively with countries in
the region and around the world on economics and politics, the issuance of the
Referendum Law is of great importance, aiming to enable people to further
participate in the country’s important issues, towards building an equal,
democratic and civilized country, and contributing to ensuring sustainable
development in the international integration process.
The Voice of Vietnam quoted Phan Trung Ly, chairman of the NA
Law Committee, that the issuance of a law on referendum would be a milestone in
democracy in Vietnam, allowing the people to directly decide the country's
issues, showing the mastership of the people.
“The
Socialist Republic of Viet Nam is the country where the people are the masters;
all the state power belongs to the People” according to the Article 2 of the
Constitution.
The bill on referendums promotes democracy and the
people’s right to mastery and expands direct democracy for all citizens. It
attaches special importance to the people’s power, national unity, and social
consensus. The motto “people know, people discuss, people do, and
people monitor” has been widely implemented in society. The law on referendums reflects this principle of considering people the root of the country./.
Popular Posts
-
Religion is a part of the spiritual life in society, this phenomenon of the superstructure has been strongly changed with economic - social... -
Vietnam has just done well for the second cycle of Universal Periodical Review (UPR) in Geneva, Switzerland. So, what’s the UPR? an... -
Thai people in Shutdown Bangkok protests Not until this crisis, we have realized the ne... -
Representatives from foreign countries congratulate Viet Nam on its election to the Human Rights Council for the first time on November ... -
A street flowers vendor in Hanoi Another new spring has come to Vietnam, bring... -
If nothing changes, there will be a preferential credit program with hundreds of thousands billion of capital for agriculture and r... -
Recently, several anti-governmental individuals have established series of illegal groups and organizations in the name of civil soci... -
Radio Free Asia (RFA) is a private, nonprofit international broadcasting agency of the United States government that broadcasts and...
All comments [ 15 ]
The issues to be brought to referendum should be considered thoroughly with specific principles and criteria.
I think the NA Standing Committee, the president, the government or at least one third of the NA members are who can propose for a referendum.
Law-makings are vivid examples to confirm Vietnam's respect for democracy.
The law needs to make clear when a referendum is needed and who decides whether an issue can be put forward for a referendum.
Issues proposed for referendum must be those of great significance to the country’s common interests, as well as the rights and legitimate interest of the majority of people.
In my opinion, the law is a great expression of human rights!
A valid referendum must have votes from more than a half of the number of listed voters, and the solution will be announced for implementation.
A referendum is a public vote to decide a key national issue that shows people's mastery of the country.
I agree with yobro yobro. Issues that only have regional or local impact will not be put to referendums but public opinions can be collected under existing law.
The law provides people with opportunities to decide national issues, contributing to building a socialist state governed by law, of the people, by the people, and for the people.
recently in Vietnam, referendum has been promoted. many important policies have been posted for comments of the people
Vietnamese people inside and abroad have had chances to contribute suggessions on the draft documents of the 12th Party Congress was also pulicly
in Vietnam the democracy has increasingly been expended. the Goverment always guarantee the fundamental rights of the people
so right, the issuance of the Referendum Law shows clearly that
The law on referendums reflects this principle of considering people the root of the country
Your comments