Hamlets and neighborhoods are not administrative units but are self-managed organizations of residential communities sharing the same locality within the scope of a commune-level area. According to regulations, existing stable hamlets and neighborhoods should not be divided to form new hamlets or neighborhoods. The establishment of new hamlets or neighborhoods must meet the following conditions:
Scale of Households:
- For villages:- In the plains region: ≥ 200 households;- In mountainous, border, or island areas: ≥ 100 households;- For residential clusters:- In the plains region: ≥ 250 households;- In mountainous, border, or island areas: ≥ 150 households.
In the case of establishing a ward or commune-level town from a commune, the existing villages in the commune will be converted into residential clusters belonging to the ward or commune-level town.
Other Conditions: Villages and residential clusters must have:
- Essential socio-economic infrastructure that is appropriate to the local conditions to serve community activities and stabilize the residents' lives.- Specifically, for villages, it is necessary to ensure that the average area of homestead land and production land per household is at least equal to the commune's average level.
Procedure for Establishing New Villages and Residential Clusters
Authority to Establish: According to the regulations in Circular 04/2017/TT-BNV: The establishment of new villages and residential clusters is determined by the provincial People's Committee and directed by the district People's Committee to assign the commune People's Committee to build the establishment Scheme.
Contents of the Scheme: The Scheme for establishing new villages and residential clusters includes the following main contents:
- The necessity of establishing new villages and residential clusters;- Names of the new villages and residential clusters;- Geographic location and boundaries of the new villages and residential clusters (with maps showing the geographic location);- Population (number of households, number of individuals) of the new villages and residential clusters;- Natural area of the new villages and residential clusters (for villages, detailed data on the area of homestead land and production land is required), measured in hectares;- Other conditions.- Proposals and recommendations.
Procedure for Establishment:
- The commune People's Committee organizes the collection of opinions from all voters or voters representing households in the area of the new village or residential cluster establishment regarding the establishment Scheme.- Summarize opinions and prepare a minute for the opinion collection on the Scheme.
If over 50% of the voters or voters representing households in the new village or residential cluster area approve the establishment Scheme, the commune People's Committee completes the dossier (including the opinion collection minute) and submits it to the commune People's Council for approval at the nearest session.- Within 10 working days from the date of the Resolution of the commune People's Council, the commune People's Committee completes the dossier and submits it to the district People's Committee;- Within 15 working days from the date of receiving a complete and valid dossier from the commune People's Committee, the district People's Committee prepares a Proposal (along with the dossier for establishing the new village or residential cluster from the commune People's Committee) to the Department of Home Affairs for appraisal and submission to the provincial People's Committee.
The time for appraisal by the Department of Home Affairs shall not exceed 15 working days from the date of receipt of the Proposal and dossier from the district People's Committee.
The dossier submitted to the provincial People's Committee includes:
- The Proposal of the district People's Committee (along with the Proposal and dossier for establishing the new village or residential cluster from the commune People's Committee submitted to the district People's Committee);- The appraisal document of the Department of Home Affairs.- Based on the submission dossier from the district People's Committee and the appraisal results from the Department of Home Affairs, the provincial People's Committee submits to the provincial People's Council for consideration to issue a Resolution establishing the new village or residential cluster. After the Resolution of the provincial People's Council, the Chairman of the provincial People's Committee issues the Decision to establish the new village or residential cluster.
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