Conditions for establishment, dissolution, merger, and division of administrative units in Vietnam from March 1, 2025

Conditions for establishment, dissolution, merger, and division of administrative units in Vietnam from March 1, 2025 (Image from the Internet)

On February 18, 2025, the National Assembly passed the Law on the Organization of Local Government 2025.

Conditions for establishment, dissolution, merger, and division of administrative units in Vietnam from March 1, 2025

According to specific provisions in Article 8 of the Law on the Organization of Local Government 2025, the principles of administrative unit organization and the conditions for the establishment, dissolution, merger, division of administrative units, and adjustment of administrative unit boundaries include:

- The organization of administrative units shall be conducted based on the following principles:

+ Compliance with the Constitution and the law; ensuring the stability, continuity, and seamlessness of state management;

+ Compatibility with the economic-social development strategy of each period, and suitable to the characteristics, natural conditions, society, historical traditions, culture, and requirements to ensure national defense, security, order, and social safety of each locality;

+ Suitability with the governance capacity of the local government apparatus, level of digital transformation; ensuring that tasks and administrative procedures related to the population, enterprises, and society are promptly and conveniently received and resolved;

+ Reorganization of administrative units that do not meet legal standards.

- The establishment, merger, division of administrative units, and adjustment of administrative unit boundaries must ensure the following conditions:

+ Conformity with relevant plans approved by competent authorities;

+ Assurance of the common interests of the nation, effective state management efficiency of local governments at all levels; leveraging potential and advantages to promote national and local economic-social development;

+ Assurance of requirements on national defense, security, order, and social safety;

+ Assurance of national unity, alignment with local historical and cultural factors; creating convenience for the People;

+ Must be based on the standards of administrative units suited to rural, urban, and island characteristics according to the regulations of the Standing Committee of the National Assembly.

- The dissolution of administrative units is only implemented in the following cases:

+ Due to the necessity of economic-social development, ensuring national defense and security of the locality or the nation;

+ Due to changes in geographical elements, terrain affecting the existence of that administrative unit.

05 principles for the organization and operation of local government in Vietnam

The principles applied to the organization and operation of local government are specifically stipulated in Article 5 of the Law on the Organization of Local Government 2025 including:

- Compliance with the Constitution and law, managing society by law; implementing the principle of democratic centralism.

The People's Council operates according to collective policies and decisions by majority. The People's Committee at the local government level functions in accordance with the collective policies of the People's Committee along with emphasizing the responsibility of the Chairman of the People's Committee.

- Organization of local government is streamlined, efficient, effective, responding to the requirements of professional, modern, transparent local governance, ensuring accountability linked to power control mechanisms.

- Assurance of human rights, citizens' rights; promoting the People's ownership rights, serving the People, subject to the inspection and supervision of the People.

- Ensuring a unified, seamless, and continuous administration.

- Matters within the authority of local government must be decided, implemented, and managed by the local government itself.

More details can be found in the Law on the Organization of Local Government 2025 effective from March 01, 2025.

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