Guidance of the Ministry of Home Affairs on procedures for classifying commune-level administrative units in Vietnam (latest)

Guidance of the Ministry of Home Affairs on procedures for classifying commune-level administrative units in Vietnam (Latest) (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

This is the content of Decision 1096/QD-BNV dated December 31, 2023, announcing amended and replaced administrative procedures within the scope and state management functions of the Ministry of Home Affairs in the field of Local Government issued by the Minister of Home Affairs.

Guidance of the Ministry of Home Affairs on procedures for classifying commune-level administrative units in Vietnam (Latest)

Procedures for classifying commune-level administrative units in Vietnam will be carried out as follows:

(1) Implementation order:

- Step 1: The People's Committee of the commune, ward, or town (hereinafter referred to as the commune) prepares a dossier to classify the administrative unit at its level, submits it to the People's Council at the same level for consideration and approval, and sends it to the district-level People's Committee. For commune-level administrative units that do not organize a People's Council; Commune-level People's Committees direct specialized agencies to prepare dossiers to classify administrative units at their level and submit them to district-level People's Committees.

- Step 2: The Department of Home Affairs advises and helps the district-level People's Committee check the records of the commune-level People's Committee; coordinate with the Commune People's Committee to complete documents to report to the District People's Committee.

- Step 3: The district People's Committee sends the Department of Home Affairs the dossier to classify commune-level administrative units.

- Step 4: Within 30 days from the date of receiving the complete dossier for classification of commune-level administrative units sent by the district-level People's Committee, the Director of the Department of Home Affairs decided to establish an appraisal council, preside over the appraisal organization, and preside over the survey to serve the appraisal. (In case of necessity, the Department of Home Affairs shall establish a General Appraisal Council on the classification of commune-level administrative units).

- Step 5: The Department of Home Affairs submits to the Chairman of the Provincial People's Committee a decision on the classification of commune-level administrative units within 15 days from the date of the appraisal results.

- Step 6: The Chairman of the Provincial People's Committee considers and decides on the classification of commune-level administrative units within 15 days from the date of receiving the dossier submitted by the Department of Home Affairs.

(2) Submission methods:

Submit the application directly at the headquarters of the Department of Home Affairs of the province or centrally run city or by post; or send the application electronically to the Department of Home Affairs of the province or centrally run city.

(3) Components and quantity of documents:

- For commune-level administrative units, there is a People's Council organization.

+ Report of the Commune People's Committee;

+ Resolution of the commune-level People's Council;

+ Explanatory report evaluating administrative unit classification standards;

+ Statistical table of standard data as a basis for determining standards;

+ Map determining the location of classified administrative units;

+ Documents from competent authorities deciding or certifying the standards of specific elements.

- For commune-level administrative units, People's Councils are not organized.

+ Report of the Commune People's Committee:

+ Explanatory report evaluating administrative unit classification standards;

+ Statistical table of standard data as a basis for determining standards;

+ Map determining the location of classified administrative units;

+ Documents from competent authorities deciding or certifying the standards of specific elements.

(4) Processing time limit:

- Within 30 days from the date of receiving the complete dossier for classification of commune-level administrative units sent by the district-level People's Committee, the Director of the Department of Home Affairs decided to establish an Appraisal Council, preside over the appraisal organization, and preside over the survey to serve the appraisal.

- The time limit for the Chairman of the Provincial People's Committee to consider and decide on the classification of commune-level administrative units is 15 days from the date of receipt of the dossier submitted by the Department of Home Affairs.

(5) Subjects carrying out administrative procedures:

People's Committees at district and commune levels and the Department of Home Affairs under the district People's Committee.

(6) Agencies carrying out administrative procedures:

- Agency directly implementing administrative procedures: Department of Home Affairs of provinces and centrally run cities.

- Authority to decide according to regulations: Chairman of the Provincial People's Committee.

(7) Results of implementing administrative procedures:

Decision of the Chairman of the Provincial People's Committee on the classification of commune-level administrative units.

(8) Fees:

None.

(9) Legal basis of administrative procedures:

Resolution 1211/2016/UBTVQH13 on standards of administrative units and classification of administrative units; Resolution 27/2022/UBTVQH15 amending a number of articles of Resolution 1211/2016/UBTVQH13.

More details can be found in Decision 1096/QD-BNV, taking effect on December 31, 2023, and replacing Decision 2191/QD-BNV, dated July 7, 2017.

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