Vietnam: Supplements to application, procedures for classifying district-level and commune-level administrative units where there is no People's Council from January 1, 2023?
What are amemndments to procedures for classifying commune-level administrative units in Vietnam?
According to Article 28 of Resolution 1211/2016/UBTVQH13, the procedures for classifying commune-level administrative units are stipulated as follows:
Procedures for classifying commune-level administrative units
1. The commune-level People's Committee prepares the dossier to classify their administrative unit, submits it to the People's Council at the same level for review, approval, and sends it to the district-level People's Committee.
2. The Department of Interior advises and assists the district-level People's Committee in checking the dossier of the commune-level People's Committee; cooperates with the commune-level People's Committee to complete the dossier and report to the district-level People's Committee.
3. The district-level People's Committee sends the classification dossier of the commune-level administrative unit to the Department of Interior as stipulated in Clause 1, Article 25 of this Resolution.
4. The Department of Interior must organize an appraisal within 15 days from the date of receiving the complete dossier for classifying the commune-level administrative unit.
5. The Department of Interior submits to the Chairman of the provincial-level People's Committee for review and decision on the classification of the commune-level administrative unit within 15 days from the appraisal result.
6. The Chairman of the provincial-level People's Committee reviews, decides the classification of the commune-level administrative unit within 15 days from the date of receiving the dossier submitted by the Department of Interior.
Thus, the procedures for classifying commune-level administrative units are stipulated in Resolution 1211/2016/UBTVQH13.
However, Clause 14 of Article 1 of Resolution 27/2022/UBTVQH15 (amending Clause 4 of Article 28 of Resolution 1211/2016/UBTVQH13) stipulates as follows:
Procedures for classifying commune-level administrative units
....
4. Within 30 days from the date of receiving the complete dossier for classifying the commune-level administrative unit sent by the district-level People's Committee, the Director of the Department of Interior shall decide to establish the appraisal council and preside, cooperate with relevant agencies to organize an appraisal of the classification dossier; preside over organizing a survey to serve the appraisal of the classification dossier of the administrative unit.
Thus, from January 1, 2023, the procedures for classifying commune-level administrative units stipulated in Clause 4 of Article 28 of Resolution 1211/2016/UBTVQH13 are amended as above.
Vietnam: Supplements to application, procedures for classifying district-level and commune-level administrative units where there is no People's Council from January 1, 2023? (Image from the Internet)
Vietnam: Supplements to application, procedures for classifying district-level and commune-level administrative units where there is no People's Council from January 1, 2023?
Based on Clause 15 of Article 1 of Resolution 27/2022/UBTVQH15, supplementing Article 28a on dossier, procedures for classifying district-level and commune-level administrative units where there is no People's Council as follows:
Dossier, procedures for classifying district-level and commune-level administrative units where there is no People's Council
1. The dossier for classifying district-level and commune-level administrative units where there is no People's Council includes:
a) Submission of the People's Committee;
b) Report explaining the assessment of the classification criteria of the administrative unit;
c) Statistical table of criteria as the basis for determining the criteria;
d) Map showing the location of the classified administrative unit;
dd) Documents of the competent authority deciding or confirming the special factors of the administrative unit.
2. The procedures for classifying district-level and commune-level administrative units where there is no People's Council are carried out as follows:
a) For district-level administrative units without a People's Council, the district-level People's Committee directs the specialized agency to prepare the dossier for classifying its administrative unit and submits it to the provincial-level People's Committee. Other procedures are carried out in accordance with Clauses 2, 3, 4, and 5 of Article 27 of this Resolution;
b) For commune-level administrative units without a People's Council, the commune-level People's Committee prepares the dossier for classifying its administrative unit and submits it to the district-level People's Committee. Other procedures are carried out in accordance with Clauses 2, 3, 4, 5, and 6 of Article 28 of this Resolution.
Thus, the dossier, procedures for classifying district-level and commune-level administrative units where there is no People's Council from January 1, 2021, are stipulated as above
Regulations on the classification criteria and scoring method for commune-level administrative units in Vietnam
According to Article 14 of Resolution 1211/2016/UBTVQH13 stipulates the classification criteria and scoring method for commune-level administrative units as follows:
Classification criteria and scoring method for commune-level administrative units
1. Population size:
a) A commune with up to 3,500 people is scored 10 points; for every additional 100 people, 0.5 points are added, but the maximum score is 35 points;
b) Mountainous and highland communes apply 75% of the score stipulated in point a of this clause;
c) Communes with land borders apply 30% of the score stipulated in point a of this clause.
2. Natural area up to 10 km2 is scored 10 points; for every additional 0.5 km2, 0.5 points are added, but the maximum score is 30 points.
3. Socio-economic development level:
a) If the local budget revenue can balance, it is scored 10 points.
If the local budget revenue cannot balance, if the revenue enjoyed by the local from decentralization compared to total local budget expenditure is up to 30%, it is scored 3 points; for every additional 5%, 0.5 points are added, but the maximum score is 8 points;
b) A commune recognized as meeting the new rural standards is scored 20 points.
If the commune does not meet the new rural standards, if it meets any criterion in the system of criteria for new rural standards, each criterion is scored 1 point, but the total score of the criteria does not exceed 15 points;
c) Communes with land borders apply 30% of the score stipulated in points a and b of this clause.
4. Special factors:
a) Having 20% to 30% of the population as ethnic minorities is scored 1 point; for every additional 5%, 0.25 points are added, but the maximum score is 2 points;
b) Extremely difficult communes are scored 1 point;
c) Safe zone communes are scored 1 point;
d) Having national relics or UNESCO-recognized heritages are scored 1 point.
Thus, the population size, classification criteria, and scoring method for commune-level administrative units are stipulated as above.
Resolution 27/2022/UBTVQH15 takes effect from January 1, 2023
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