How to determine the block of the People's Council in administrative units at district and commune levels formed after arrangement in Vietnam

How to determine the block of the People's Council in administrative units at district and commune levels formed after arrangement in Vietnam (Internet image)

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

Principles of arranging administrative units at district and commune levels in Vietnam

The arrangement of administrative units at district and commune levels must comply with the principles specified in Article 2 of Resolution 35/2023/UBTVQH15, specifically:

- Ensuring the leadership of the Party and strengthening the leadership and direction of the heads of agencies and organizations in the implementation of the arrangement of administrative units at district and commune levels.

- The arrangement of administrative units at district and commune levels must comply with the Constitution, strictly comply with the authority, order, and procedures specified in the Law on Organization of Local Government, Resolution 35/2023/UBTVQH15, and other relevant legal documents.

- The arrangement of administrative units at district and commune levels must be consistent with provincial planning, rural planning, urban planning, or other relevant planning.

- Paying special attention to and carefully considering specific factors of historical traditions, culture, ethnic groups, religions, beliefs, customs, practices, geographical locations, natural conditions, residential communities, requirements to ensure national defense, security, social order and safety, and socio-economic development.

- Paying attention to and doing well the propaganda and mobilization of the People in order to create consensus, support, and high consensus on the policy of arranging administrative units at district and commune levels; organizing the collection of voters' opinions in the area to ensure publicity, transparency, and compliance with the provisions of the law.

- Associating the arrangement of administrative units at district and commune levels with renovation and arrangement of the organizational apparatus of the political system to be lean, effective, and efficient; to streamline the payroll, restructure, and improve the quality of the contingent of cadres, civil servants, public employees, and employees;

Settling reasonable regimes and policies for cadres, civil servants, public employees, and employees; implementing specific support regimes and policies for administrative units at district and commune levels after the arrangement is made.

How to determine the block of the People's Council in administrative units at district and commune levels formed after arrangement in Vietnam

According to Clause 3, Article 10 of Resolution 35/2023/UBTVQH15, the course of the People's Council in administrative units formed after arrangement is determined as follows:

- In case the administrative unit is formed on the basis of merging administrative units of the same level and has a different name than the name of the imported administrative unit, the lock of the People's Council in the administrative unit after the arrangement is re-calculated from the beginning (course I) from the time of establishment;

- In case an administrative unit is formed on the basis of merging and adjusting the boundaries of administrative units and changing the name or type of administrative unit, the term of the People's Council in the administrative unit after the arrangement is re-calculated from the beginning (course I) from the time of establishment;

- In case the administrative unit is formed on the basis of merging or adjusting the boundaries of administrative units of the same level and keeping the name and type of one of the imported or adjusted administrative units, the lock of the People's Council in the administrative unit after merging or adjusting will continue to be calculated according to the course of the People's Council in the administrative unit, keeping its name.

Administrative units at district and commune levels are subject to arrangement in the period of 2023 - 2025 in Vietnam

The administrative units at district and commune levels subject to arrangement in the period of 2023 - 2025 include:

- Administrative units at district and commune levels with natural area and population size below 70% of the standards of the respective administrative units specified in Resolution 1211/2016/UBTVQH13 on standards of administrative units and classification of administrative units have been amended and supplemented with a number of articles under Resolution 27/2022/UBTVQH15 (hereinafter referred to as the Resolution of the National Assembly Standing Committee on standards of administrative units and classification of administrative units);

- A district-level administrative unit concurrently has a natural area of less than 20% and a population size of less than 200% of the standards of the corresponding administrative unit specified in the Resolution of the National Assembly Standing Committee on standards of administrative units and classification of administrative units;

- The commune-level administrative unit concurrently has a natural area of less than 20% and a population size of less than 300% of the standards of the corresponding administrative unit specified in the Resolution of the National Assembly Standing Committee on standards of administrative units and classification of administrative units.

(Clause 2, Article 1 of Resolution 35/2023/UBTVQH15)

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