The Potential Contributions of Maryland’s Referendum Laws to the Implementation of Referendums Under the 2013 Constitution of the People’s Republic of Vietnam

Abstract

Vietnam adopted a new constitution in 2013 including three references to using referendums as a means of enhancing democratic legitimacy. Article 29 grants the right to vote in a referendum to any person over 18 years old in any referendum declared by the National Assembly (Article 70) and organized by the Standing Committee of the National Assembly (Article 74). If implemented, such a development would be a novel step for a communist nation, and make a distinctive impact in history as a unique aspect of Vietnamese political reform. This article submits that using referendum in the manner that Maryland does will enhance the democratic legitimacy and fair governance of Vietnam’s state law-making apparatus. Maryland utilized two types of referendum. The first is a compulsory referendum triggered mainly when the state’s legislative General Assembly approves constitutional amendments (compulsory/constitutional); the second is a popular referendum initiated by the people themselves to test new statutes, effectively giving the people a legislative veto (popular/statutory). The 2012 ballot featured a total of seven referendums: four compulsory and three popular. The expanded use of popular referendums was prompted by a 2008 court decision which liberally construed Maryland’s referendum laws. Prior to that, Maryland had only a total of 17 popular referendums on its ballots between 1915 and 2012. As a result, Maryland has embarked on a major reevaluation of its distinctive referendum law, and it is hoped that Maryland’s learning experience can help assist Vietnam.