Cases where arrangement of administrative divisions is not compulsory in the period 2023-2030 in Vietnam

Cases where arrangement of administrative divisions is not compulsory in the period 2023-2030 in Vietnam (Internet image)

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

1. Cases where arrangement of administrative divisions is not compulsory in the period 2023-2030 in Vietnam

Specifically, Article 3 of Resolution 35/2023/UBTVQH15 stipulates cases where arrangement of administrative divisions is not compulsory in the period 2023-2030 in Vietnam as follows:

- It is not compulsory to arrange commune-level and district-level administrative divisions subject to arrangement if such administrative divisions have one of the following factors. To be specific:

+ Their locations are isolated and difficult to organize traffic for the purpose of convenient connection with adjacent administrative divisions;

+ Their administrative boundaries have been stably established and since 1945, there is no any change or adjustment;

+ These administrative divisions have crucial national defense and security value or have characteristics of typical historical traditions, culture, ethnicity, religion, beliefs, customs and practices and if these administrative divisions are arranged with adjacent administrative divisions, national defense and security, and social order and safety are no longer stable;

+ These administrative divisions are rural administrative divisions subject to arrangement whose planning for development into urban administrative divisions for the 2023-2030 period has been approved by the competent authority, and geographical area and population size meet the area and population standards according to regulations in Resolution of the Standing Committee of the National Assembly on standards and classification of administrative divisions.

- For the 2023 – 2025 period, it is not compulsory to arrange commune-level and district-level administrative divisions that have been arranged in the 2019 – 2021 period.

- For the 2026 – 2030 period, it is not compulsory to arrange commune-level and district-level administrative divisions that have been arranged in the 2019 – 2021 period and the 2023-2025 period.

- With regard to cases specified in Clauses 1, 2 and 3 of Article 3 of Resolution 35/2023/UBTVQH15, if it is necessary to make arrangement to organize commune-level and district-level administrative divisions in a reasonable manner, the provincial People's Committee shall make a report in the overall plan and project on arrangement of local administrative divisions in order to submit to the competent authority for consideration.

2. Standards of commune-level and district-level administrative divisions after arrangement in Vietnam

Pursuant to Article 4 of Resolution 35/2023/UBTVQH15, standards of commune-level and district-level administrative divisions after arrangement are made as follows:

- After commune-level and district-level administrative divisions are arranged, such administrative divisions shall meet standards of geographical area and population size according to Resolution of the Standing Committee of the National Assembly on standards and classification of administrative divisions, except for case where 03 administrative divisions at the same level or higher level are merged.

In case where commune-level and district-level administrative divisions are arranged with adjacent administrative divisions but they cannot be adjusted and merged with other administrative divisions at the same level due to specific factors of culture, ethnicity, religion, beliefs, customs, practices, geographical location and natural conditions;

As a result, after arrangement, such administrative divisions fail to meet standards of geographical area and population size according to regulations, these administrative divisions shall satisfy one of the following conditions:

+ The administrative divisions shall be commune-level and district-level administrative divisions whose geographical area or population size must be at least 100% of the standard area and population and other indicators must be at least 70% specified in Resolution of the Standing Committee of the National Assembly on standards and classification of administrative divisions;

+ The administrative divisions shall be district-level administrative divisions whose geographical area must be at least 30% and population size must be at least 200% of the standard area and population specified in Resolution of the Standing Committee of the National Assembly on standards and classification of administrative divisions;

+ The administrative divisions shall be commune-level administrative divisions whose geographical area must be at least 30% and population size must be at least 300% of the standard area and population specified in Resolution of the Standing Committee of the National Assembly on standards and classification of administrative divisions;

+ Other cases decided by the Standing Committee of the National Assembly at the request of the Government.

- In case where the arrangement of commune-level and district-level administrative divisions may result in reduction in the number of administrative divisions, it is not required to apply standards of dependent administrative divisions to district-level administrative divisions that have been established after arrangement.

- Urban administrative divisions expected to be established after the arrangement shall satisfy standards of the structure and level of socio-economic development, the type of urban areas for cities, towns and townships or the level of development of urban infrastructure for districts and wards as prescribed in the Resolution of the Standing Committee of the National Assembly on standards and classification of administrative divisions.

Scope of urban classification for cities, towns and townships expected to be established after arrangement and scope of assessment of urban infrastructure development level for districts and wards expected to be established after arrangement shall be based on provincial planning, rural planning, urban planning or others.

Ho Quoc Tuan

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