What are regulations on conditions for establishing new hamlets and new quarters in Ho Chi Minh City, Vietnam?

What are regulations on conditions for establishing new hamlets and new quarters in Ho Chi Minh City, Vietnam?

In Article 9 of the Regulation on organization and operation of hamlets, quarters, population groups in Ho Chi Minh City, issued together with Decision 24/2017/QD-UBND, regulations on conditions for establishing new hamlets and new quarters in Ho Chi Minh City are as follows:

The establishment of a new hamlet and new neighborhood (including the separation) must ensure the following conditions:

1. Size of household:

a) For hamlets: there must be 500 households or more (including the remaining hamlet after separation). Particularly for island communes (if any), the hamlet size has 300 households or more.

b) For the neighborhood: there must be 700 or more households (including the remaining neighborhood after separation).

In case of establishment of wards or townships from communes, the existing hamlets of the commune shall be transformed into quarters belonging to wards or townships.

2. Other conditions:

a) Hamlets and neighborhoods must have essential socio-economic infrastructure, suitable to the actual conditions of the locality to serve community activities and stabilize people's lives. Particularly for hamlets, the average area of ​​residential land and production land of each household must be at least equal to the general average of the commune.

b) The boundaries of hamlets and neighborhoods must be clear and separate for easy management and convenience for people's activities.

What are regulations on procedures and dossiers for establishment of new hamlets and new quarters in Ho Chi Minh City, Vietnam?

In Article 10 of the Regulation on organization and operation of hamlets, quarters, population groups in Ho Chi Minh City, issued together with Decision 24/2017/QD-UBND, regulations on procedures and dossiers for establishment of new hamlets and new quarters in Ho Chi Minh City are as follows:

1. Based on the principles specified in Article 3 and the conditions for establishing new hamlets and new quarters in Article 9 of this Regulation, the City People's Committee shall decide on the policy of establishing new hamlets and new quarters; direct the district-level People's Committees to assign the People's Committees of communes, wards and townships to formulate a scheme on the establishment of new hamlets and new quarters.

2. Main contents of the Project include:

- The need to establish new hamlets, new neighborhoods;

- The name of the new hamlet, new neighborhood;

- Geographical location and boundaries of the new hamlet and new neighborhood (with a diagram showing the geographical location);

- Population (number of households, number of people) of the new hamlet, new neighborhood (including the number of households, the number of people of the remaining hamlet and neighborhood after the division);

- The natural area of ​​the new hamlet and new quarter (for hamlets, detailed data on residential land and production land), the unit is hectare (ha);

- Other conditions specified in Clause 2, Article 9 of this Regulation;

- Proposals, recommendations (if any).

3. The People's Committees of communes, wards and townships shall collect opinions from all voters or voters representing households in the area where a new hamlet or new neighborhood is established on the project on the establishment of a new hamlet, new neighborhood; synthesize opinions and make a minutes to collect opinions on the Project.

4. If the scheme on establishment of a new hamlet or new neighborhood is approved by more than 50% of the electors or voters representing households in the area where the new hamlet or neighborhood is established, the People's Committee of the commune, ward, the township completes the application file (enclosed with the minutes of consultation) and submits it to the People's Council of the commune, ward or township for approval at the nearest meeting. Within ten working days from the date of issuance of the Resolution of the People's Council, the People's Committee of the commune, ward or township shall complete the dossier and submit it to the People's Committee of the district.

5. Within fifteen working days from the date of receipt of complete and valid dossiers transferred by the People's Committees of communes, wards and townships, the People's Committees of the districts or urban districts shall submit a written statement (attached to the completed application). establish new hamlets and new quarters of the People's Committees of communes, wards and townships) and send them to the Department of Home Affairs for appraisal and submission to the People's Committee of the city. The time limit for appraisal by the Department of Home Affairs shall not exceed fifteen working days from the date of receipt of the report and dossier of the district People's Committee.

6. A dossier to be submitted to the People's Committee of the city includes:

a) A report of the People's Committee of the district or district to the People's Committee of the city;

b) The report of the People's Committee of the commune, ward or township to the People's Committee of the district;

c) Project on establishment of new hamlets and new quarters;

d) General diagram drawing, schematic drawing before and after new establishment;

dd) Minutes of collecting opinions of voters or voters representing households;

e) Resolution of the People's Council of the commune, ward or township;

g) Appraisal document of the Department of Home Affairs.

7. Based on the dossier submitted by the People's Committee of the district and the appraisal document of the Department of Home Affairs, the People's Committee of the city shall submit it to the People's Council of the city for consideration and promulgation of a Resolution for approval. at regular or extraordinary meetings (if any). After having the Resolution of the City People's Council, the Chairman of the City People's Committee shall issue a Decision on the establishment of a new hamlet and new neighborhood.

What are process and documents for merging residential clusters into existing hamlets and quarters in Ho Chi Minh City, Vietnam? 

In Article 11 of the Regulation on organization and operation of hamlets, quarters, population groups in Ho Chi Minh City, issued together with Decision 24/2017/QD-UBND, regulations on process and documents for merging residential clusters into existing hamlets and quarters in Ho Chi Minh City are as follows:

1. The merging of residential clusters into existing hamlets and neighborhoods, including the merger of hamlets and neighborhoods as prescribed in Clauses 4 and 5, Article 3 of this Regulation shall be carried out as follows: after having a policy of the People's Committee of the district, the People's Committee of the commune, ward or township to develop a scheme on merging and merging residential clusters into existing hamlets and neighborhoods.

2. The content of the scheme and the process of merging and merging residential clusters into existing hamlets and neighborhoods shall comply with the provisions of Clauses 2, 3, 4, Article 10 of this Regulation.

In case the Scheme has not been approved by more than 50% of the electors or the electors representing households in the area where the merger or clustering is implemented, the People's Committees of communes, wards and townships shall organize the collection of opinions. the second time; if still not approved by more than 50% of the electors or the electors representing the household, within five working days from the date of the second written opinion collection, the People's Committee of the commune, ward or town town to report to the People's Committee of the district or district for consideration and decision.

3. Dossier to submit to the People's Committee of the district or district includes:

a) A report of the People's Committee of the commune, ward or township;

b) Dossier of merging or merging residential clusters into existing hamlets or neighborhoods of the People's Committees of communes, wards and townships as prescribed in Clauses 1 and 2 of this Article.

4. Within fifteen working days from the date of receipt of complete and valid dossiers transferred by the People's Committees of communes, wards and townships, the People's Committees of rural districts or urban districts shall consider, approve and hand them over. Chairpersons of district-level People's Committees shall issue decisions on merging and merging residential clusters into existing hamlets and neighborhoods.

Best Regards!