Which agency has right to decide on division or splitting of geographical borders of communal-level in Vietnam?

Which agency has right to decide on division or splitting of geographical borders of communal-level in Vietnam?

Question: May I ask: According to the law, which agency has the right to decide to divide and split geographical borders of communal-level? Hope to get a reply soon.

Reply:

In Clause 1, Article 129 of the Law on Organization of Local Government 2015, it is stated that:

1. The National Assembly shall have authority to decide establishment, dissolution, merging, splitting and modification of geographical borders of provincial-level administrative divisions; naming and change made to names of provincial-level administrative units; and resolution of disputes concerning geographical borders of provincial-level administrative divisions.

2. The National Assembly Standing Committee shall have authority to decide establishment, dissolution, merging, splitting and modification of geographical borders of district-level and communal-level administrative divisions; naming and change made to names of district-level and communal-level administrative units; resolution of disputes concerning geographical borders of communal-level and district-level administrative divisions

Thus, according to the above provisions in Vietnam, the ational Assembly Standing Committee has the authority to decide establishment, dissolution, merging, splitting and modification of geographical borders of commune level.

Is it considered illegal by the Presidents of the district-level People’s Committees to sign a decision that is not under their authority in Vietnam?

Question: Please ask, is the decision against the authority (Decision signed by the President of the District People's Committee, but according to the law, the authority is the President of the Provincial People's Committee) is considered an illegal decision? Thank you Lawyer.

Reply:

Pursuant to Article 29 of the Law on Organization of Local Government 2015 stipulates:

The President of the district-level People’s Committee is the Head of the district-level People’s Committee and has the following duties and powers:

1. Lead and direct tasks of the district-level People’s Committee and members of the district-level People’s Committee; take on the leadership over and direct professional affiliates of the district-level People’s Committee;

2. Approve the result of election, discharge and dismissal of the President of the People’s Committee, the Vice President of the communal-level People’s Committee; dispatch, suspend or dismiss the President of the People's Committee and the Vice President of the communal-level People's Committee from office; delegate powers to the President of the communal-level People’s Committee in the event that there is a vacancy for the President of the communal-level People's Committee in between two sessions of the communal-level People's Council; dispatch, dismiss, reward and sanction civil servants and public employees that fall within his/her remit in accordance with laws;

3. Lead and direct the performance of duties to enforcement of the Constitution, laws and instruments issued by superior-level state organs, the People's Council and the People's Committee at the district level; assure national defence and maintain social order and safety; secure assets owned by agencies or organizations, and protect human life, freedom, honor, dignity, property and other lawful rights and interests of citizens; implement measures to manage inhabitants living in the district;

4. Lead and bear responsibility for operations of the state administrative system from the district to grassroots level, and ensure the consistency and transparency of the administrative system; direct reforms in the administrative, working and personnel structure which constitutes the local state administrative system in the district;

5. Suspend the enforcement or abolish law-breaking instruments issued by professional affiliates of the district-level People’s Committee, the district-level People’s Committee and the President of the People’s Committee at the communal level. Suspend the enforcement of law-breaking instruments issued by the communal-level People’s Council, and send a report to the district-level People’s Committee to request the district-level People’s Council to allow abolishment of such instruments;

6. Direct the President of the communal-level People's Committee; authorize the Vice President of the district-level People's Committee or the Heads of professional affiliates of the district-level People's Committee to carry out duties and powers that fall within the remit of the President of the district-level People's Committee;

7. Manage and employ organized ways to use working offices, assets and equipment and allocated government budget in an effective manner in the district as stipulated by laws;

8. Conduct inspection, examination and settlement of complaints, denunciations and violations against laws as well as hold receptions for citizens in accordance with legal regulations;

9. Direct application of measures to protect environment, and prevent and control fire and explosion; provide directions on and apply measures to deal with unscheduled tasks and emergencies in preventing and responding to natural disasters, diseases and epidemics, and issues relating to social security, order and safety in the district as prescribed by laws;

10. Implement duties and powers decentralized and delegated by superior-level State organs.

Thus, the Law on Organization of Local Government 2015 clearly defines duties and powers of the President of the district-level People’s Committee and the President of the Provincial People's Committee (Article 22). According to you, the decision is not authorized (the decision is signed by the President of the District People's Committee), but according to the law, the authority is the President of the Provincial People's Committee, if there is no decentralization and authorization from the President of the Provincial People's Committee, this decision is of course illegal.

What are procedure and process for grant of the decision on establishment of the special administrative – economic unit in Vietnam? 

Question: What are regulations on procedure and process for grant of the decision on establishment of the special administrative – economic unit in Vietnam?  Hello, I'm Thai, living in Binh Thuan, I have a question that I hope to receive an answer from you. Please ask, What are procedure and process for grant of the decision on establishment of the special administrative – economic unit? Where is the issue of authority specified? I hope you can advise me. Thank you. (Minh Thai_098**)

Reply:

The procedure and process for grant of the decision on establishment of the special administrative – economic unit are specified in Article 76 of the Law on Organization of Local Government 2015, as follows:

1. The Government shall prepare the proposal for establishment of the special administrative – economic unit for submission to the National Assembly. The people’s opinions on the proposal for establishment of the special administrative – economic unit must be obtained in accordance with regulations laid down in Article 131 hereof.

2. The National Assembly’s committee on legislation shall be responsible for assessing the proposal for establishment of the special administrative – economic unit submitted by the Government.

When necessary, the National Assembly shall establish the provisional committee to assess the proposal for establishment of the special administrative – economic unit.

3. The National Assembly Standing Committee shall consider and give their opinions on the proposal for establishment of the special administrative – economic unit before submitting it to the National Assembly.

4. The National Assembly shall consider and approve the proposal for establishment of the special administrative – economic unit according to the procedure stipulated in one or various session(s) of the National Assembly.

The above are regulations on procedure and process for grant of the decision on establishment of the special administrative – economic unit in Vietnam. To better understand this, you should refer to the Law on Organization of Local Government 2015.

Best regards!