What conditions must administrative units after arrangement meet in order to meet the prescribed standards in terms of natural area and population size in Vietnam?

What conditions must administrative units after arrangement meet in order to meet the prescribed standards in terms of natural area and population size in Vietnam?

In Clause 1, Article 6 of the Draft Resolution on the arrangement of administrative units at district and commune levels for the period 2023-2030 on the standards of administrative units at district and commune levels after the arrangement is made as the following provisions: 

Standards of administrative units at district and commune levels after the arrangement is made

1. After arranging administrative units at district and commune levels, the administrative units to be arranged must meet the standards of natural area. nature and population size as prescribed in the Resolution of the National Assembly Standing Committee on standards of administrative units and classification of administrative units. In case there are specific factors of culture, ethnicity, religion, belief, customs, practices, natural geographical conditions, population community and requirements to ensure national defense and security. If it is not possible to arrange administrative units at district or commune level to meet the prescribed standards in terms of natural area and population size, the administrative unit after arrangement must satisfy one of the following conditions:

a) The administrative unit at district or commune level has a natural area or population that reaches 100% or more of the prescribed standard, the remaining criteria must meet 70% or more of the prescribed standard;

b) The district-level administrative unit has a natural area of ​​30% or more of the prescribed standard; the standard on population size reaches 200% or more of the prescribed standard;

c) Commune-level administrative units have a natural area of ​​30% or more of the prescribed standards; population size reaches 300% or more of the prescribed standard;

d) Established on the basis of merger of 03 or more administrative units of the same level.

Thus, the new draft proposes that in order to meet the prescribed standards of natural area and population size, the administrative unit after arrangement in Vietnam must meet the following conditions:

- District-level administrative unit, at commune level, whose natural area or population size reaches 100% or more of the prescribed standard, the remaining criteria must reach 70% or more of the prescribed standard;

- District-level administrative units with a natural area of ​​30% or more of the prescribed standards; the standard on population size reaches 200% or more of the prescribed standard;

- Commune-level administrative units with a natural area of ​​30% or more of the prescribed standards; population size reaches 300% or more of the prescribed standard;

- Established on the basis of merging from 03 administrative units of the same level or more.

In case there is a change of name after the arrangement of administrative units at district and commune levels, what is implementation of application of specific policies in Vietnam?

Pursuant to Clause 3, Article 16 of the Draft Resolution on the arrangement of administrative units at district and commune levels for the period 2023-2030 on the application of specific regimes and policies to district- and commune-level administrative units after arrangement has the following provisions:

Applying specific regimes and policies to district- and commune-level administrative units formed after the arrangement

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3. When the administrative units at district and commune levels are arranged, their names change , the boundaries of administrative units at the district and commune levels, the boundaries of villages and residential groups, the application of specific policies shall be implemented as follows:

a) People in the villages and residential quarters of the administrative unit district and commune levels after the arrangement will continue to enjoy the same specific regimes and policies as the time before the arrangement;

b) Cadres, civil servants and public employees may apply specific policies and regimes according to region or region with the highest level of one of the commune-level administrative units before being arranged;

c) The period of enjoyment of specific regimes and policies specified at Points a and b of this Clause is 03 years from the effective date of the resolution of the National Assembly Standing Committee on the arrangement of each commune-level administrative unit. enforcement force. After 3 years, the competent authority shall consider, evaluate and issue a new decision accordingly.

Thus, in case there is a change of name after the arrangement of administrative units at district and commune levels, specific policies in Vietnam shall be applied as follows:

- People in villages and residential quarters of the units district and commune administrative level after the arrangement will continue to enjoy the same specific regimes and policies as the time before the arrangement;

- Cadres, civil servants and public employees may apply specific policies and regimes according to regions or regions with the highest level of one of the commune-level administrative units before being arranged;

- The period of enjoyment of specific regimes and policies is 03 years from the effective date of the resolution on the arrangement of each commune-level administrative unit. After 3 years, the competent authority shall consider, evaluate and issue a new decision.

According to the new draft, what documents are included in the dossiers and schemes for arranging administrative units at district and commune levels in Vietnam?

In Clause 1, Article 11 of the Draft Resolution on the arrangement of administrative units at district and commune levels for the period 2023-2030, documents and schemes on arrangement of administrative units at district and commune levels are as follows:

Dossier, scheme on arrangement of administrative units at district and commune levels

1. In addition to the documents specified in Clause 2, Article 133 of the Law on Organization of Local Government and Article 29 of the Resolution of the National Assembly Standing Committee on standards Standardization of administrative units and classification of administrative units. Dossier, scheme on arrangement of administrative units at district and commune level must also contain the following documents:

a) Overall plan on arrangement of administrative units at district and commune levels approved by the Government;

b) Documents evidencing specific factors as prescribed in Clause 1, Article 4 of this Resolution (if any);

c) Explanatory documents for cases where the administrative units at district and commune levels are not subject to the arrangement but the local needs to arrange them (if any);

d) A report explaining the cases in which the administrative units at district and commune level are subject to the arrangement but have specific factors that should not be arranged or the administrative units after the arrangement do not meet the standards; standards of administrative units at district and commune levels specified in Article 6 of this Resolution (if any).

2. The scheme on arrangement of district- and commune-level administrative units in the period of 2023-2030 and the appendices attached to the scheme shall be made according to the form specified in Appendix II to this Resolution.

Thus, according to the new draft in Vietnam, the dossier and scheme on arrangement of administrative units at district and commune levels includes the following documents:

- The overall plan on arrangement of district and commune administrative units has been approved by the Government;

- Documents evidencing specific factors as prescribed in Clause 1, Article 4 of this Resolution (if any);

- Explanatory documents for the case that the administrative units at district and commune levels are not subject to the arrangement but the local needs to arrange them (if any);

- Explanatory report on cases where administrative units at district and commune level are subject to the arrangement but have specific factors that should not be arranged or administrative units after arrangement do not meet the standards of administrative units at district and commune level (if any).

Best regards!