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Guidance on forming the dossier on the District-level and Commune-level Administrative Unit Arrangement Scheme in the 2023–2025 period in Vietnam

Trần Thanh Rin

08:07, 14/05/2024

Has the Ministry of Home Affairs of Vietnam issued any guidance on forming the dossier on the District-level and Commune-level Administrative Unit Arrangement Scheme in the 2023–2025 period? – Ha Anh (Gia Lai)

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Guidance on forming the dossier on the District-level and Commune-level Administrative Unit Arrangement Scheme in the 2023–2025 period in Vietnam

Guidance on forming the dossier on the District-level and Commune-level Administrative Unit Arrangement Scheme in the 2023–2025 period in Vietnam (Internet image)

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

On April 25, 2024, the Ministry of Home Affairs of Vietnam issued Official Dispatch 2291/BNV-CQDP on some notes when forming and submitting the District-level and Commune-level Administrative Unit Arrangement Scheme in the 2023-2025 period, including the guidance for building the scheme dossier.

Guidance on forming the dossier on the District-level and Commune-level Administrative Unit Arrangement Scheme in the 2023-2025 period in Vietnam

Specifically, the dossier on the District-level and Commune-level Administrative Unit Arrangement Scheme is made according to Article 9 and Appendix 2 of Resolution 35/2023/UBTVQH15. The scheme dossier sent to the Ministry of Home Affairs of Vietnam includes:

- Proposal from the Provincial People's Committee;

- District-level and Commune-level Administrative Unit Arrangement Scheme and accompanying appendices according to the Forms in Appendix 2 issued with Resolution 35/2023/UBTVQH15; current boundary maps of the Provincial-level Administrative Unit (in the case of district-level administrative unit arrangement), of the District-level Administrative Unit (in the case of commune-level administrative unit arrangement); maps of the administrative unit arrangement plan.

- Scheme to establish the District-level Urban Administrative Unit, merge the entire or adjust a part of the District-level Administrative Unit into the same-level Urban Administrative Unit (including the content of arranging the subordinate Commune-level Administrative Unit) and accompanying documents as regulated in Clause 1, Article 29 of the Resolution of the Standing Committee of the National Assembly on the criteria for the administrative unit and classification of the administrative unit (if any); in which it should be noted that the Urban Classification Scheme for cities, towns, and the Report on reviewing and evaluating the level of urban infrastructure development in the area expected to establish districts, wards must be included.

- Dossier on Scheme of urban classification for the town expected to be formed after the arrangement and dossier on the recognition of the level of urban infrastructure development for the ward expected to be formed after the arrangement (if any) for the case of the District-level and Commune-level Administrative Unit Arrangement scheme include content on establishing, merging, and adjusting the boundary of the Commune-level Urban Administrative Unit (except for the documents already submitted with the Scheme as regulated at point c mentioned above).

- Summary report of opinions from voters, People's Councils at all levels, and relevant agencies and organizations.

- Documents of competent authorities deciding or confirming, recognizing the specific factors of the administrative unit as regulated in Article 3a and Article 9a of the Resolution of the Standing Committee of the National Assembly on the criteria for the administrative unit and classification of the administrative unit; opinions from the Ministry of National Defense, the Ministry of Public Security in cases regulated at point c, Clause 1, Article 3 of Resolution 35/2023/UBTVQH15 and other documents proving specific factors as regulated at points a, b, and d, Clause 1, Article 3 of Resolution 35/2023/UBTVQH15 (if any); approved planning documents related to the arrangement, establishment, merger, adjustment of the administrative unit boundary.

- Draft plan of the Provincial People's Committee for implementing the Resolution of the Standing Committee of the National Assembly on the arrangement of District-level and Commune-level Administrative Units of the locality.

Notes regarding the dossier on the District-level and Commune-level Administrative Unit Arrangement Scheme in the 2023-2025 period in Vietnam

(1) Regarding the number of district- and commune-level administrative units subject to arrangement

It is requested to carefully review and provide complete information on the number of district- and commune-level administrative units subject to arrangement according to the regulations in Article 1 of Resolution 35/2023/UBTVQH15.

In particular, it is necessary to supplement all supporting documents and clarify and demonstrate the basis and persuasiveness for not arranging the administrative units due to specific factors as regulated in Article 3 of Resolution 35/2023/UBTVQH15. To be specific:

- For the reason that the administrative units subject to arrangement are located in isolated areas and have difficulty making convenient transportation connections with neighboring administrative units, it is necessary to clearly explain the points of contact of the proposed administrative units that will not be arranged with the neighboring administrative units that cannot be conveniently connected with these adjacent administrative units.

- For the reasons that the administrative units subject to arrangement have significant importance in terms of national defense, security, or have characteristics in terms of historical, cultural, ethnic, religious, belief, customs, and practices, it is necessary to prove and explain persuasively that arranging these administrative units with other adjacent administrative units will lead to instability in national defense, security, public order, and social safety.

- For the reason that the rural administrative units subject to arrangement have been approved by competent authorities to be developed into urban administrative units in the 2023–2030 period, it should be noted that these rural administrative units need to meet the criteria for natural area and population scale of the projected urban administrative units as regulated in Resolution 1211/2016/UBTVQH13 (amended in Resolution 27/2022/UBTVQH15).

(2) Regarding the data used in the Scheme:

According to the regulations in Article 5, the Appendix issued with Resolution 35/2023/UBTVQH15, the data on natural area and population scale should be based on the information as of December 31, 2022, for the period of 2023–2025. Additionally, to ensure consistency with the data in dossiers on the urban classification, evaluation of structural criteria, level of economic and social development, and infrastructure of district-level and commune-level administrative units formed after the arrangement, as stipulated in point e, clause 1 of Article 29 of Resolution 1211/2016/UBTVQH13 (amended in Resolution 27/2022/UBTVQH15) and point b, clause 2 of Article 12 of Resolution 1210/2016/UBTVQH13 (amended in Resolution 26/2022/UBTVQH15), the data in the Scheme dossiers submitted to the Government in 2024 should be updated until December 31, 2023.

(3) Regarding the implementation plan after the arrangement of administrative units:

- Regarding the organization of the apparatus, settlement of regime, policies for the surplus personnel of the rearranged administrative units:

Based on the regulations in Article 10 of Resolution 35/2023/UBTVQH15, Instruction 26-HD/BTCTW dated November 30, 2023 of the Central Organizing Committee, Document No. 4099/HD-BNV dated July 29, 2023 of the Ministry of Home Affairs, and other relevant legislative documents, provincial People's Committees need to come up with specific solutions and plans to rearrange the organization of the apparatus, officials, public employees, party organs, Fatherland Front and political-social organizations, and implement policies for officials, public employees, and employees after the arrangement of district-level and commune-level administrative units.

At the same time, based on the local budget balancing capacity, provincial People's Committees should have solutions, mechanisms, and policies to support the surplus officials, public employees, employees of the organs and organizations affected by the arrangement of district-level and commune-level administrative units, as stipulated in clause 3 of Article 12 of Resolution 35/2023/UBTVQH15 and clause 2 of Article 9 of Decree 29/2023/ND-CP dated June 3, 2023 of the Government on downsizing; link the arrangement of administrative units with the organization the apparatus in leaner, modern, efficient, and effective manners and conduct downsizing as prescribed.

- Regarding the plan to resolve surplus headquarters, state assets:

Based on the regulations in Article 13 of Resolution 35/2023/UBTVQH15, Document 8006/BTC-NSNN dated July 31, 2023, Official Telegram 02/CĐ-BTC dated December 18, 2023 of the Ministry of Finance, and other relevant legislative documents, provincial People's Committees should prepare a list and a proposed plan to resolve surplus headquarters, state assets after the arrangement of district-level and commune-level administrative units in the 2023-2025 period, which will be included in the Scheme submitted to the Government. The report should clearly state the current situation and the timeline for resolution. Provincial People's Committees should proactively balance and allocate budget resources to invest in the repair, renovation, and upgrading of workspaces for their continued use in the activities of the administrative units formed after the arrangement, in accordance with the planning and actual conditions of the locality.

- Regarding the names of district-level and commune-level administrative units after the arrangement:

Naming the district-level and commune-level administrative units after the arrangement is a particularly important task and is related to historical, traditional, cultural, religious, and belief factors associated with the spiritual values, pride, and community identity of the ethnic and local communities where the arrangement takes place. In cases where administrative units of the same level are merged, it is encouraged to use one of the existing names of the administrative units before the merger to name the administrative units formed after the arrangement, as stipulated in clause 2 of Article 6 of Resolution 35/2023/UBTVQH15 and Article 30 of Resolution 1211/2016/UBTVQH13 (amended in Resolution 27/2022/UBTVQH15).

Localities are requested to carefully study, understand, be cautious, and have reasonable and feasible solutions to ensure the consensus and unity of the people, and contribute to preserving and promoting the historical, traditional, cultural, and unity values of the people towards the district-level and commune-level administrative units after the arrangement.

More details can be found in Official Dispatch 2291/BNV-CQDP, dated April 25, 2024.

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