Procedures for formulation and approval for project on arrangement of commune-level and district-level administrative divisions in Vietnam

Procedures for formulation and approval for project on arrangement of commune-level and district-level administrative divisions in Vietnam (Internet image)

1. Procedures for formulation and approval for project on arrangement of commune-level and district-level administrative divisions in Vietnam

Article 8 of Resolution 35/2023/UBTVQH15 stipulates the procedures for formulation and approval for project on arrangement of commune-level and district-level administrative divisions as follows:

- According to the overall plan for arrangement of commune-level and district-level administrative divisions within the province, comments made by the Ministry of Home Affairs and relevant ministries and central authorities, the provincial People's Committee shall direct and organize formulation of a project on arrangement of commune-level and district-level administrative divisions within its province for the 2023 - 2025 period and the 2026 – 2030 period. In case of adjustment to the project in comparison with the overall plan which has been commented by the Ministry of Home Affairs and relevant ministries and central agencies, the provincial People's Committee shall report and clearly explain in the project.

- In case of establishment of district-level urban administrative divisions, merger of all or some district-level administrative divisions with urban administrative divisions at the same level, a separate project shall be formulated according to regulations of the Resolution of the Standing Committee of the National Assembly on standards and classification of administrative divisions.

- Procedures for formulation and submission of the project on arrangement of commune-level and district-level administrative divisions for the 2023 - 2025 period and the 2026 - 2030 period  shall comply with regulations on procedures for establishment, dissolution, merger, division and adjustment to administrative divisions in the Law on Local Government Organization, the Resolution of the Standing Committee of the National Assembly on standards and classification of administrative divisions and other legal documents.

- The Supreme People's Court and the Supreme People's Procuracy of Vietnam shall take charge and cooperate with the Government in making a report on the establishment and dissolution of the People's Court and the People's Procuracy of the district where the arrangement is made, and submit the report enclosed with the Government's report and project on arrangement of commune-level and district-level administrative divisions to the Standing Committee of the National Assembly for consideration and decision.

2. Dossier on project on arrangement of commune-level and district-level administrative divisions in Vietnam

Article 9 of Resolution 35/2023/UBTVQH15 stipulates the dossier on project on arrangement of commune-level and district-level administrative divisions in Vietnam as follows:

* A dossier on project on arrangement of commune-level and district-level administrative divisions submitted to the Ministry of Home Affairs for appraisal includes:

- Report made by the provincial People’s Committee; 

- Project on arrangement of commune-level and district-level administrative divisions enclosed with Appendices, including tables using form in Appendix 2 issued together with Resolution 35/2023/UBTVQH15; map on current boundaries of provincial administrative divisions (in case of arrangement of district-level administrative divisions), of district-level administrative divisions (in the case of arrangement of commune-level administrative divisions); map on the plan for arrangement of administrative divisions.  In the project, the provincial People's Committee shall clearly explain contents specified in Clause 2 Article 7 of Resolution 35/2023/UBTVQH15;

- Project on establishment of district-level urban administrative divisions, merger of all or some district-level administrative divisions with urban administrative divisions at the same level (including contents of the arrangement of dependent commune-level administrative divisions) and accompanying documents specified in Clause 1, Article 29 of Resolution 35/2023/UBTVQH15 of the Standing Committee of the National Assembly on standards classification of administrative divisions (if any);

- Dossier on project on urban classification for towns to be established after arrangement, dossier on recognition of fulfillment of “urban infrastructure development” standard for wards to be established after arrangement (if any) in case where the project on arrangement of commune-level and district-level administrative divisions contains contents of establishment, merger and adjustment to urban administrative boundaries, except for documents enclosed with the project specified in Point c Clause 1 of Article 9 of Resolution 35/2023/UBTVQH15;

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

- Documents made by the authority competent to decide or confirm or recognize the specific factors of administrative divisions specified in Articles 3a and 9a of Resolution 35/2023/UBTVQH15 of the Standing Committee of the National Assembly on standards and classification of administrative divisions; opinions from the Ministry of National Defense and the Ministry of Public Security on the case specified at Point c, Clause 1, Article 3 of this Resolution and documents proving other specific factors specified at Points a, b and d, Clause 1, Article 3 of Resolution 35/2023/UBTVQH15 (if any);

- Draft plan made by the provincial People's Committee for implementation of Resolution of the Standing Committee of the National Assembly on arrangement of commune-level and district-level administrative divisions of the province.

* A dossier on project on arrangement of commune-level and district-level administrative divisions of the Government includes:  

- Report made by the Ministry of Home Affairs;

- Draft project of the Government on arrangement of administrative divisions;

- Draft project of the Government on establishment of district-level urban administrative divisions, merger of all or some district-level administrative divisions with urban administrative divisions at the same level (if any);

- Documents specified in Clause 1 of Article 9 of Resolution 35/2023/UBTVQH15;

- Opinions from relevant Ministries and central authorities (if any);

- Draft Resolution of the Standing Committee of the National Assembly on arrangement of administrative divisions;

* A dossier on verification and a dossier submitted to the Standing Committee of the National Assembly on arrangement of commune-level and district-level administrative divisions includes: 

- Report made by the Government;

- Project of the Government on arrangement of administrative divisions;

- Project of the Government on establishment of district-level urban administrative divisions, merger of all or some district-level administrative divisions with urban administrative divisions at the same level (if any);

- Draft Resolution of the Standing Committee of the National Assembly on arrangement of administrative divisions;

- Summary report on opinions from voters, People's Councils at all levels and relevant agencies and organizations; comments of members of the Government on approval of the project on the arrangement of administrative divisions;

- Other documents (if any)

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