Guidelines for recognition of communes with special difficulties in land areas after merger in Vietnam

Tran Thanh Rin

12:34, 11/08/2023

What are the guidelines for recognition of communes with special difficulties in land areas after merger in Vietnam issued by Ministry of Labor - Invalids and Social Affairs? – Kim Oanh (Quang Ngai)

Guidelines for recognition of communes with special difficulties in land areas after merger in Vietnam

Guidelines for recognition of communes with special difficulties in land areas after merger in Vietnam (Internet image)

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

On August 4, 2023, the Ministry of Labor, War Invalids and Social Affairs issued Official Dispatch 3016/LDTBXH-VPQGGN on the implementation of the National Target Program on Sustainable Poverty Reduction in the 2021-2025 period for districts and communes formed after the arrangement.

Guidelines for recognition of communes with special difficulties in land areas after merger in Vietnam

Specifically, the recognition of poor districts, extremely difficult communes, coastal flat areas, and islands formed after arrangement is guided by the Ministry of Labor, War Invalids, and Social Affairs as follows:

(i) For administrative units at district and commune levels, arrangements have been made, which have all been recognized by the Prime Minister as poor districts, communes with special difficulties in flatlands and coastal areas and islands for the period 2021-2025 in Decision 353/QD-TTg, then:

The People's Committee of the province shall send a document to the Ministry of Labor, War Invalids, and Social Affairs to summarize and submit to the Prime Minister for promulgation a decision to adjust and supplement the list of poor districts and communes with special difficulties in the lowlands, coastal areas, and islands in the 2021–2025 period.

(ii) For administrative units at district and commune levels that have been recognized by the Prime Minister as poor districts and communes with special difficulties in coastal and island areas for the period 2021-2025 in Decision 353/QD-TTg, if administrative units at district and commune levels that have not yet been recognized as poor districts or communes with special difficulties in the lowlands, coastal areas, and islands in the period 2021-2025:

Provincial-level People's Committees shall direct relevant agencies to review and evaluate if the criteria specified in Articles 3 and 4 are satisfied, Decision 36/2021/QD-TTg shall then compile a dossier according to the provisions of Article 5 of Decision 36/2021/QD-TTg and send it to the Ministry of Labor, War Invalids, and Social Affairs for synthesis, appraisal, and submission to the Prime Minister for consideration and decision.

(iii) Request the Provincial People's Committee to send documents and dossiers according to (i), (ii) above to the Ministry of Labor, War Invalids, and Social Affairs within 30 days, from the date of the merger decision of the competent authority.

According to Article 18 of Resolution 35/2023/UBTVQH15, for the recognition of administrative units at district and commune levels as safe zones, communes in safe zones, poor districts, and extremely difficult communes in flat and coastal areas and islands, administrative units in border areas, mountainous areas, highlands, and island communes, when arranging administrative units, the following procedures shall be applied:

- For administrative units at district and commune levels, arrangements are made, which have all been recognized by competent authorities as safe zones, safe zone communes, poor districts, extremely difficult communes in flat areas, coastal and island areas, and administrative units in border areas, mountainous areas, highlands, and island communes:

Provincial-level People's Committees shall send documents to ministries managing branches and domains for submission to competent authorities for promulgation of decisions on recognition of safe zones, poor districts, and extremely difficult communes in coastal and island areas, administrative units in border areas, mountainous areas, highlands, and island communes, for administrative units formed after arrangement.

- For administrative units at district and commune levels that have been recognized as belonging to safe zones, communes in safe zones, poor districts, communes with special difficulties in lowland, coastal, and island areas, administrative units in border areas, mountainous, highland, and island communes arranged with administrative units of districts, communes that have not been recognized as safe zones, communes in safe zones, poor districts, communes with special difficulties in lowland, coastal, and island areas, administrative units in border areas, mountainous, highland, and island communes shall:

Provincial-level People's Committees shall direct relevant agencies to review and evaluate if the standards and criteria specified are met. Zone safe zones, safe zone communes, extremely difficult communes in flatlands, coastal areas, and islands, administrative units in border areas, mountainous and highland areas, and island communes then make a dossier of requests and follow the order and procedures to submit it to competent authorities for consideration and decision as prescribed.

More details can be found in Official Dispatch 3016/LDTBXH-VPQGGN, dated 4/8/2023.

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