Does the People's Committee at the district level keep the administrative boundary records of the People's Committee at the commune level in Vietnam?

Does the People's Committee at the district level keep the administrative boundary records of the People's Committee at the commune level in Vietnam?

My question is: Does the People's Committee at the district level keep the administrative boundary records of the People's Committee at the commune level in Vietnam?

Answer:

Pursuant to Clause 3 Article 29 of the Law on Land in 2013 stipulating administrative boundaries as follows:

The administrative boundary records include paper and electronic documents showing information on the establishment and adjustment of an administrative unit and boundary landmarks and boundary lines of that administrative unit.

The superior People’s Committee shall certify the administrative boundary records of the immediate subordinate level. The Ministry of Home Affairs shall certify the administrative boundary records of provinces and centrally run cities.

The administrative boundary records of a level shall be archived at the People’s Committee of such level, the superior People’s Committee, the Ministry of Home Affairs and the Ministry of Natural Resources and Environment.

According to the regulations above, the administrative boundary records of any level are kept by the People's Committee at that level and the People's Committee at the higher level. Therefore, the records at the People's Committee at the commune level are still kept by the People's Committee at the district level.

Does the People's Committee at the district level keep the administrative boundary records of the People's Committee at the commune level in Vietnam? - Source: Internet

Who shall prescribe the procedures for determining the administrative boundaries at the provincial level in Vietnam?

Regarding land issues, who shall prescribe the procedures for determining the administrative boundaries at the provincial level in Vietnam?

Answer:

Pursuant to Clause 1 Article 29 of the Law on Land in 2013 stipulating administrative boundaries as follows:

The Government shall direct the identification of administrative boundaries and the compilation and management of administrative boundary records at all levels throughout the country.

The Minister of Home Affairs shall prescribe the order and procedures for identification of administrative boundaries and the management of boundary landmarks and administrative boundary records at all levels.

The Minister of Natural Resources and Environment shall prescribe the techniques and economic-technical specifications for placing administrative boundary landmarks and compiling administrative boundary records at all levels.

As regulations above, the Minister of Home Affairs shall prescribe the order and procedures for identification of administrative boundaries and the management of boundary landmarks and administrative boundary records at all levels.

What are regulations on the authority to resolve territorial disputes between provinces in Vietnam?

I'm working at the Department of Natural Resources and Environment of the province. Recently, I checked and found that there was overlap in the administrative boundaries with the adjacent province. The two provinces have proceeded to resolve the issue but have not reached a result. I would like to ask: In this case, which agency should be responsible for resolving the issue? Thank you!

Answer:

Pursuant to Clause 4 Article 29 of the Law on Land in 2013 stipulating administrative boundaries as follows:

- Disputes over administrative boundaries among administrative units shall be settled by the People’s Committees of such administrative units through their coordination. If no agreement can be reached or the results lead to changes in administrative boundaries, the settlement competence is provided as follows:

+ If the dispute is related to the boundaries of provinces or central-affiliated cities, the Government shall submit it to the National Assembly for decision;

+ If the dispute is related to the boundaries of districts, towns or provincial cities or communes, wards or townships, the Government shall submit it to the National Assembly Standing Committee for decision.

- The Ministry of Natural Resources and Environment, the land administration agencies of provinces and central-affiliated cities and the land administration agencies of districts, towns and provincial cities shall provide necessary documents and coordinate with competent state agencies in settling land disputes over administrative boundaries.

If the two provinces are unable to resolve the territorial dispute on their own, they should report the issue to the Government for consideration and submission to the National Assembly for a decision.

Best regards!