Update on solutions for cases of unresolved administrative boundary disputes in Vietnam

Update on solutions for cases of unresolved administrative boundary disputes in Vietnam (Internet image)

1. Regulations on administrative boundaries in Vietnam from August 1, 2024

Based on Article 49 of the Land Law 2024, regulations regarding the administrative boundary of administrative units in Vietnam are as follows:

- The administrative boundary of an administrative unit is established at the commune, district, and provincial levels. The dossier on administrative boundaries displays information regarding the establishment, merger, division, adjustment of administrative boundaries, and the boundary markers and lines for that administrative unit.

- The Ministry of Home Affairs guides the provincial-level People's Committees in determining the administrative boundaries at the provincial level; Direct upper-level People's Committees guide and instruct lower-level People's Committees in identifying administrative boundaries on the ground and preparing dossiers on administrative boundaries within the local area.

- The management scope of land on the mainland is identified according to the administrative boundary line of each administrative unit as stipulated by law.

- In cases where the management scope of provincial-level land has not been determined because the administrative boundary has not been defined, the Ministry of Home Affairs shall cooperate with the Ministry of Natural Resources and Environment and relevant localities to compile dossiers to present to the Government of Vietnam.

- In cases where the management scope of district or commune-level land has not been determined due to undefined district or commune-level administrative boundaries, the upper-level People's Committee directs the relevant lower-level People's Committee to coordinate and resolve; if there is no decision on determining district or commune-level administrative boundaries, the upper-level People's Committee performs state management over the land area under dispute. If the solution is not agreed upon, the provincial-level People's Committee compiles dossiers to present to the Government of Vietnam.

- The Government of Vietnam is responsible for guiding unresolved cases regarding administrative boundaries, and it organizes solutions for these unresolved cases stated in Clauses 4 and 5 of Article 49 of the Land Law 2024.

2. Update on solutions for cases of unresolved administrative boundary disputes in Vietnam

According to Article 11 of Decree 102/2024/ND-CP, which provides guidance on resolving unresolved administrative boundary disputes in Vietnam:

- In cases of unresolved administrative boundary disputes at the provincial level, based on the dossiers and proposals from relevant provinces and centrally-run cities, the Ministry of Home Affairs takes charge, coordinating with relevant agencies to review and propose to the Government of Vietnam for consideration and decision. For unresolved disputes at the district or commune level, the provincial People's Committee where the disputes occur is responsible for directing the preparation of dossiers and proposals to send to the Ministry of Home Affairs of Vietnam for appraisal and submission to the Government of Vietnam for consideration and decision.

If the resolution process results in a change in administrative boundaries leading to adjustments at various levels, adjustments should be conducted according to the provisions of the Law on the Organization of Local Government 2015 and the Resolution of the Standing Committee of the National Assembly on standards for administrative units and classification of administrative units.

- The Ministry of Natural Resources and Environment of Vietnam and provincial and district-level land management agencies are responsible for providing necessary documents and coordinating with competent state agencies during the resolution process to achieve consensus on administrative boundaries.

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