Nghị quyết 35/2023/UBTVQH15 của Ủy ban Thường vụ Quốc hội về việc sắp xếp đơn vị hành chính cấp huyện, cấp xã giai đoạn 2023-2030

RESOLUTION

ARRANGEMENT OF COMMUNE-LEVEL AND DISTRICT-LEVEL ADMINISTRATIVE DIVISIONS FOR 2023-2030 PERIOD

STANDING COMMITTEE OF THE NATIONAL ASSEMBLY

Pursuant to the Constitution of the Socialist Republic of Vietnam;

Pursuant to the Law on Organization of National Assembly No. 57/2014/QH13 amended by the Law No. 65/2020/QH14;

Pursuant to the Law on Local Government Organization No. 77/2015/QH13 amended by the Law No. 21/2017/QH14 and the Law No. 47/2019/QH14; 

HEREBY RESOLVES:

Chapter I

...

...

...

Article 1. Commune-level and district-level administrative divisions subject to arrangement for 2023-2030 period

1. The arrangement of commune-level and district-level administrative divisions in this Resolution includes establishment, merger, dissolution and adjustment to administrative divisions of districts, urban districts, towns, provincial cities, and cities affiliated to central-affiliated cities (hereinafter referred to as “district-level administrative divisions”), administrative divisions of communes, wards and townships (hereinafter referred to as “commune-level administrative divisions”).

2. Commune-level and district-level administrative divisions subject to arrangement for the 2023-2025 period include:

a) Commune-level and district-level administrative divisions whose geographical area and population size will be less than 70% of the standard area and population specified in Resolution No. 1211/2016/UBTVQH13 dated May 25, 2016 of the Standing Committee of the National Assembly on standards and classification of administrative divisions amended by Resolution No. 27/2022/UBTVQH15 dated September 21, 2022 of the Standing Committee of the National Assembly (hereinafter referred to as “Resolution of the Standing Committee of the National Assembly on standards and classification of administrative divisions);

b) District-level administrative divisions whose geographical area will be less than 20% and population size will be less than 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;

c) Commune-level administrative divisions whose geographical area will be less than 20% and population size will be less than 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.

3. Commune-level and district-level administrative divisions subject to arrangement for 2026-2030 period include:

a) Commune-level and district-level administrative divisions whose geographical area and population size will be less than 100% of the standard area and population specified in Resolution of the Standing Committee of the National Assembly on standards and classification of administrative divisions;

b) District-level administrative divisions whose geographical area will be less than 30% and population size will be less than 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;

...

...

...

4. It is recommended to arrange administrative divisions other than those specified in Clauses 2 and 3 according to regulations in this Resolution to reduce quantity, increase scale of administrative divisions and settle controversial issues about establishment of administrative divisions due to changes in geology and topography or socio-economic development, thereby facilitating state management in communes and districts.

Article 2. Principles of arrangement of commune-level and district-level administrative divisions

1. Ensuring the leadership of the Communist Party and enhancing roles in leadership and direction by heads of organizations and agencies of arrangement of commune-level and district-level administrative divisions.

2. Complying with the Constitution, making arrangement within their competence and following procedures specified in the Law on Local Government Organization, this Resolution and other legal documents.

3. Being consistent with provincial planning, rural planning, urban planning and relevant others.

4. Focusing and thoroughly considering specific factors of historical traditions, culture, ethnicity, religion, beliefs, customs, practices, geographical location, natural conditions, residential community and requirements for national defense, security, social order and safety, and socio-economic development.

5. Focusing, successfully disseminating information and mobilizing the People in order to create consensus, support and full agreement on the policy on arrangement ofcommune-level and district-level administrative divisions; organizing collection of voters' opinions in communes and districts in a public and transparent manner according to regulations in the law.

6. Connecting arrangement of commune-level and district-level administrative divisions with innovation and arrangement of organizational apparatus of the political system towards a streamlined, efficient and effective system; downsizing, restructuring and improving the quality of officials, public employees and employees; providing benefits for officials, public employees and employees in a reasonable manner; applying special policies to commune-level and district-level administrative divisions after the arrangement.

Article 3. Cases where arrangement of administrative divisions is not compulsory

...

...

...

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

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

c) 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;

d) 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.

2. 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.

3. 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.

4. With regard to cases specified in Clauses 1, 2 and 3 of this Article, 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.

Article 4. Standards of commune-level and district-level administrative divisions after arrangement  

1. 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.

...

...

...

a) 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;

b) 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;

c) 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;

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

2. 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.

3. 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.

Article 5. Data sources of geographical area and population size of commune-level and district-level administrative divisions in service of arrangement

1. The geographical area of commune-level and district-level administrative divisions shall be determined by statistical figures on land published by the competent authority and certified by the provincial state management agency in charge of natural resources and environment.

...

...

...

3. Data on geographical area and population size shall serve as the basis for arrangement of commune-level and district-level administrative divisions for the 2023 – 2025 period until December, 31 2022.

Data on geographical area and population size shall serve as the basis for arrangement of commune-level and district-level administrative divisions for the 2026 – 2030 period until December, 31 2025.    

Article 6. Naming and renaming administrative divisions established after arrangement

1. Naming and renaming administrative divisions that have been established after arrangement shall comply with regulations of the Law on Local Government Organization and the Resolution of the Standing Committee of the National Assembly on standards and classification of administrative divisions; ensure national unity, be consistent with local historical, traditional and cultural factors and respect the opinions from the majority of voters.

2. In case of merger of administrative divisions at the same level, it is recommended to use one of the existing names of the administrative divisions before merger to name the administrative divisions established after arrangement.

Chapter II

PROCEDURE AND DOSSIER ON PROJECT ON ARRANGEMENT OF COMMUNE-LEVEL AND DISTRICT-LEVEL ADMINISTRATIVE DIVISIONS

Article 7. Formulation of overall plan for arrangement of commune-level and district-level administrative divisions

1. The provincial People's Committee shall organize formulation of an overall plan for arrangement of commune-level and district-level administrative divisions within its province in the 2023-2025 period and the 2026-2030 period using the form specified in Appendix I to this Resolution and submit the overall plan to the Ministry of Home Affairs for its consideration and comments.

...

...

...

a) Commune-level and district-level administrative divisions subject to arrangement;

b) Commune-level and district-level administrative divisions subject to arrangement but not be arranged due to specific factors;

c) Commune-level and district-level administrative divisions eligible for incentive to arrangement;

d) Adjacent commune-level and district-level administrative divisions subject to adjustment when the arrangement plan is implemented;

dd) Administrative divisions expected to be established after arrangement;

e) Urban administrative divisions expected to be expanded or established;

g) Administrative divisions that are expected to be established after arrangement but fail to meet standards of commune-level and district-level administrative divisions;

h) Plan and roadmap for arrangement of commune-level and district-level administrative divisions in communes and districts;  

3. On the basis of the overall plan for arrangement of commune-level and district-level administrative divisions of communes and districts, the Ministry of Home Affairs shall cooperate with relevant ministries and central authorities in submitting written comments to the provincial People's Committee to accept and complete the overall plan. If necessary, the Ministry of Home Affairs shall organize a delegation to survey current status of commune-level and district-level administrative divisions expected to be arranged.

...

...

...

1. 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.

2. 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.

3. 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.

4. 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.

Article 9. Dossier on project on arrangement of commune-level and district-level administrative divisions

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

a) Report made by the provincial People’s Committee; 

b) Project on arrangement of commune-level and district-level administrative divisions enclosed with Appendices, including tables using form in Appendix 2 issued together with this Resolution; 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 this Resolution;

c) 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 the Resolution of the Standing Committee of the National Assembly on standards classification of administrative divisions (if any);

...

...

...

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

e) 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 the Resolution 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 this Resolution (if any);

g) 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.

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

a) Report made by the Ministry of Home Affairs;

b) Draft project of the Government on arrangement of administrative divisions;

c) 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);

d) Documents specified in Clause 1 of this Article;

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

...

...

...

3. 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: 

a) Report made by the Government;

b) Project of the Government on arrangement of administrative divisions;

c) 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);

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

dd) 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;

e) Other documents (if any)

Chapter III

CONSOLIDATION OF ORGANIZATIONAL APPARATUS AND APPLICATION OF SPECIAL POLICIES TO ADMINISTRATIVE DIVISIONS ESTABLISHED AFTER ARRANGEMENT

...

...

...

1. When the arrangement of commune-level and district-level administrative divisions is made, the arrangement and consolidation of organizational apparatus of organizations and agencies of the local government shall be unified and associated with the arrangement and organization of the Communist Party and socio-political organizations at the same level according to guidelines by the competent authority.

2. Local government at administrative divisions established after arrangement shall be organized as follows:

a) When commune-level and district-level administrative divisions are merged to establish a new administrative division at the same level, the organization of local government and the operation of the People's Council and People's Committee of the new administrative division shall comply with regulations in Article 134 of the Law on Local Government Organization and Resolutions of the National Assembly on organization of urban government;

b) When the partial adjustment to geographical area and population size of commune-level and district-level administrative divisions is made to establish a new administrative division at the same level, the organization of local government and the operation of the People's Council and People's Committee of the new administrative division shall comply with regulations in Article 136 and Article 137 of the Law on Local Government Organization and Resolutions of the National Assembly on organization of urban government;

c) In case the commune-level and district-level People's Councils do not have enough two-thirds of the total number of delegates due to the adjustment to administrative boundaries for the purpose of arrangement of commune-level and district-level administrative divisions, the organization of local governments shall comply with regulations of Article 138 of the Law on Local Government Organization.

3. Term of the People's Council at administrative division after arrangement shall be determined as follows:

a) If an administrative division is established on the basis of merger of administrative divisions at the same level and has a name different from names of the merged administrative divisions, the term of the People's Council at the administrative division after arrangement shall be counted from the beginning (term I) from the time of establishment;

b) If an administrative division is established on the basis of merger and adjustment to administrative boundaries and there is change in name or type of administrative divisions, the term of the People's Council at the administrative division after arrangement shall be counted from the beginning (term I) from the time of establishment;

c) If an administrative division is established on the basis of merger and adjustment to administrative boundaries at the same level and there is no any change in name or type of one of the merged and adjusted administrative divisions, the term of the People's Council at the administrative division after arrangement shall be counted by the term of the People's Council at the administrative division whose nameremains unchanged;

...

...

...

a) When district-level administrative divisions are merged to establish a new administrative division at the same level, it is required to merge Boards of the district-level People's Council with the same functions and tasks in their entirety. In case a district-level administrative division with a Committee for Ethnic Minority under the district-level People's Council is merged with a district-level administrative division without a Committee for Ethnic Minority under the district-level People's Council, when a new district-level administrative division is established, the Committee for Ethnic Minority under the district-level People's Council shall be still organized until the end of its term. The organization of the Committee for Ethnic Minority under the district-level People's Council for the next term shall comply with regulations of the Standing Committee of the National Assembly on standards and conditions for establishment of the Committee for Ethnic Minority under the district-level People's Council;

b) When district-level administrative divisions are merged to establish a new administrative division at the same level, it is required to merge specialized agencies and other administrative organizations under the district-level People's Committee with the same functions and tasks in their entirety; with regard to specialized agencies and other administrative organizations that do not have the same functions and tasks, the establishment, reorganization and dissolution shall comply with the Government's regulations.

5. The rearrangement and reorganization of public service providers that provide public services of the same type in areas of the post-arranged administrative divisions shall be consistent with the population size, service radius and planning for the network of public service providers in sectors and fields, thereby streamlining focal points and downsizing in association with restructuring and improvement of the quality of public employees. The establishment, reorganization and dissolution of public service providers under the district-level People's Committee at administrative division after arrangement shall comply with regulations of law and guidelines by the competent authority.

6. From the date in which the provincial People's Committee submits the project on arrangement of commune-level and district-level administrative divisions of the province to the Government, it is required to suspend the election and appointment of leadership and management titles, and the recruitment and admission of officials and public employees at agencies and organizations in the province until the effective date of the Resolution of the Standing Committee of the National Assembly on arrangement in respect of each relevant administrative division, except the case where the head of an agency or organization is vacant but it is impossible to arrange another person in charge as prescribed by law, it is possible to organize the election or appointment to that title.

7. Within 30 days from the effective date of the Resolution of the Standing Committee of the National Assembly on arrangement in respect of each administrative division, agencies and organizations at the new administrative division shall complete the arrangement and consolidation oforganizational apparatus.

Article 11. Number of leaders, managers, officials and public employees of agencies and organizations after arrangement of commune-level and district-level administrative divisions

1. When formulating the project on arrangement ofcommune-level and district-level administrative divisions, the provincial People's Committee shall direct review and formulation of an estimated plan for allocation and assignment of tasks to officials and public employees in conformity with their working positions, and clearly determine the number of redundant officials and public employees in association with downsizing; the arrangement of the number of leaders and managers in new agencies and organizations and redundant officials, public employees and employees shall have a roadmap in conformity with the characteristics of each province and the period specified in Clause 3 of this Article.

2. The provincial People's Committees shall decide the list and number of working positions and continue to cut down personnel on payroll and restructure officials and public employees according to the Communist Party's Resolutions and conclusions, regulations of the law and in conformity with the actual situation of its province.

3. Within 05 years from the effective date of the Resolution of the Standing Committee of the National Assembly on arrangement in respect of each administrative division, the number of leaders and managers, and officials, public employees and employees in agencies and organizations in administrative divisions after arrangement shall comply with regulations of the law. In special cases, it is required to report to the Ministry of Home Affairs for submission to the competent authority for consideration and decision.  

...

...

...

1. Salary and allowances for leadership positions shall remain unchanged for people who continue to work but do not hold previous positions until the end of the electoral term (for those who hold elected positions) or the end of the tenure (for those who hold appointed positions). If the remaining duration of the electoral term or tenure is less than 6 months, they shall receive the same salaries and allowances for full 06 months. After the expiration of the aforesaid duration, their salaries and position allowances (if any) shall be paid according to their current positions or titles. They can choose to resign according to regulations.

2. With regard to officials, public employees and employees of agencies and organizations who are redundant due to the arrangement of commune-level and district-level administrative divisions, according to each case, they may be recruited, received, transferred and rotated to work at agencies, organizations and units in the political system according to requirements of their tasks, or eligible for benefits applicable to people who retire, quit their jobs, or are subject to downsizing in accordance with the Government's regulations.

3. Other than benefits specified in Clauses 1 and 2 of this Article, on the basis of the balance of local budget, the provincial People's Committees shall request the People's Council at the same level to issue support policies to officials, public employees and employees who are redundant of agencies and organizations due to the arrangement of commune-level and district-level administrative divisions within its province.

Article 13. Arrangement and settlement of headquarters and public property after arrangement of commune-level and district-level administrative divisions

1. According to the overall plan for arrangement ofcommune-level and district-level administrative divisions within the province, the provincial People's Committees shall make a list and propose a plan for settlement of headquarters and public property of agencies, organizations and units under its management, and attach them to the project. Ministries and central agencies that have units affiliated to commune-level and district-level administrative divisions shall make a list and propose a plan to rearrange and settleheadquarters and public property within their management, in case there is no need to use such headquarters and public property, they shall be transferred to People's Committees of provinces where their headquarters are located for arrangement, management and use according to the needs.

2. Within 03 years from the effective date of the Resolution of the Standing Committee of the National Assembly on arrangement in respect of each administrative division, it is required to complete rearrangement and settlement ofheadquarters and public property of agencies and units in administrative divisions after arrangement.

3. The allocation and use of headquarters and public property after the arrangement of administrative divisions shall comply with the Government's regulations on rearrangement and settlement of public property.

4. Local governments at all levels shall proactively balance and allocate budget sources to invest in repair, renovation and upgradation of working headquarters that can be still used for the operation of administrative divisions established after arrangement in conformity with the planning and actual conditions of communes and districts.

Article 14. Application of special policies to commune-level and district-level administrative divisions after arrangement

...

...

...

In case of arrangement of commune-level administrative divisions without any change in scope of villages and residential quarters, the same special policies before the arrangement shall be applied to these villages and residential quarters.

2. If the arrangement of commune-level and district-leveladministrative divisions results in changes in names and boundaries of district-level and commune-level administrative divisions, scope of villages and residential quarters, special policies shall be applied as follows:

a) The people residing in villages and residential quarters of commune-level and district-leveladministrative divisions after the arrangement shall be still eligible for the same policies before the arrangement until another decision is issued by the competent authority.

b) With regard to commune-level administrative divisions whose names are changed and which are merged into 01 district-leveladministrative division in their entirety, officials, public employees, and armed forces’ personnel on payroll who are working in such administrative divisions shall be still eligible for the same special policies before the arrangement according to each zone or region until another decision is issued by the competent authority.

In case of merger of a commune-level administrative division with another administrative division at the same level, officials, public employees, and armed forces’ personnel on payroll who are working in the administrative division established after arrangement shall be still eligible for the most advantageous policies according to each zone or region applicable to one of the administrative divisions at the same level, merged into the new administrative division until another decision is issued by the competent authority;

c) In case of merger of a district-level administrative division with another administrative division at the same level, officials, public employees, and armed forces’ personnel on payroll who are working in district-level agencies, organizations and public service providers at the administrative division established after arrangement shall be still eligible for the most advantageous policies according to each zone or region applicable to one of the administrative divisions at the same level, merged into the new administrative division until another decision is issued by the competent authority;

3. The duration for enjoyment of special policies specified in Clause 2 of this Article shall be counted from the effective date of the Resolution of the Standing Committee of the National Assembly on arrangement in respect of each administrative division until another decision is issued by the competent authority. Within 03 years from the effective date of the Resolution of the Standing Committee of the National Assembly on arrangement in respect of each administrative division, the provincial People's Committee shall review and recognize within its competence, or request the competent authority to decide and recognize the enjoyment of special policies applicable to administrative divisions established after arrangement.

4. In case of merger of all commune-level and district-leveladministrative divisions, merger of the entire scope of villages and residential quarters with another commune-level administrative division, their allocated funding before merger will also be combined..

In case of merger of some district-level and commune-level administrative divisions with other district-level and commune-level administrative divisions, according to the allocated capital, the rate of population or geographical area of ​​administrative divisions subject to merger, the provincial People's Committee shall request the People's Council at the same level to decide adjustment to the funding allocated to district-level administrative divisions after the arrangement; the district-level People's Committee shall request the People's Councils at the same level to decide adjustment to the funding allocated to commune-level administrative divisions after the arrangement; in place where there is no district-level People's Council according to the Resolution of the National Assembly, the district-level People's Committee shall decide adjustment to the funding allocated to affiliated commune-level administrative divisions after the arrangement.

...

...

...

Article 15. Application of special policies according to the national target programs to commune-level and district-level administrative divisionsestablished after arrangement.

1. In case of merger of district-, commune-, village- and residential quarter – level administrative divisions that are eligible for special policies of the national target programs approved by the National Assembly, the same special policies before the arrangement shall continue to be implemented according to the national target programs until the competent authority promulgates documents on amendment or replacement or until the end of the programs.

2. If district-, commune-, village- and residential quarter – level administrative divisions that are eligible for special policies under one or more national target programs are arranged with administrative divisions that are not eligible for special policies under the national target program, the administrative divisions that are eligible for special policies under the national target program shall be still eligible for the same special policies before the arrangement until the competent authority promulgates documents on amendment or replacement or until the end of the program.

3. With regard to any district-, commune-, village- or residential quarter – level administrative division eligible for policies under the national target program whose name is changed after the arrangement, its new name will be used for application of the same policies before the arrangement

4. The provincial People's Committee shall direct relevant agencies to review and report to the competent agency for consideration and adjustment to the application of special policies under the national target program to administrative divisions established after the arrangement.

Article 16. Recognizing commune-level administrative divisions in Region III, Region II, Region I, villages and residential quarters with special difficulties as those in ethnic minority and mountainous areas

1. If commune-level administrative divisions in ethnic minority and mountainous areas are arranged with administrative divisions at the same level in Region III, Region II, Region I, provincial People's Committees shall send documents to the Committee for Ethnic Minority Affairs to request the Prime Minister to promulgate decisions to recognize commune-level administrative divisions in Region III, Region II, Region I as those in ethnic minority and mountainous areas.

2. In case commune-level administrative divisions in ethnic minority and mountainous areas are arranged with commune-level administrative divisions in areas other than ethnic minority and mountainous areas or regions other than Region III, Region II, Region I, or during the process of arrangement of administrative divisions, there are changes in names and boundaries of villages and residential quarters with special difficulties in in ethnic minority and mountainous areas, provincial People's Committees shall direct relevant agencies to make review and assessment. If all conditions are satisfied as prescribed, they shall make applications, carry out procedures, and then submit to the Committee for Ethnic Minority Affairs for decision within its competence or submit to the competent authority for consideration and decision to recognize commune-level administrative divisions in Region III, Region II, Region I, villages and residential quarters with special difficulties as those in ethnic minority and mountainous areas.   

Article 17. Recognizing district-level and commune-level administrative divisions that meet standards of new rural areas, enhanced new rural areas and model new rural areas.

...

...

...

With regard to district-level administrative divisions to be arranged that have been recognized as those that meet standards of new rural areas, enhanced new rural areas and model new rural areas, the provincial People's Committee shall issue a decision to recognize that district-level administrative divisions established after arrangement meet standards of new rural areas, enhanced new rural areas and model new rural areas.

2. In case district-level and commune-level administrative divisions that have been recognized as those that meet standards of new rural areas, enhanced new rural areas and model new rural areas are merged into district-level and commune-level administrative divisions that have not yet been recognized as those that meet standards of new rural areas, enhanced new rural areas and model new rural areas, the provincial People's Committee shall direct relevant agencies to make review and assessment, make application and carry out procedures according to regulations to recognize commune-level administrative divisions established after arrangement or request the Ministry of Agriculture and Rural Development to submit to the competent authority for consideration and recognition of district-level administrative divisions established after arrangement.

Article 18. Recognizing district-level and commune-level administrative divisions as safe zones, safe communes, poor districts, communes with special difficulties in coastal sand dunes, coastal areas and islands, administrative divisions in border areas, mountainous areas, highland regions, island communes in case when the arrangement of administrative divisions is made

1. If district-level and commune-level administrative divisions to be arranged have been recognized as safe zones, safe communes, poor districts, communes with special difficulties in coastal sand dunes, coastal areas and islands, administrative divisions in border areas, mountainous areas, highland regions, island communes by the competent authority, provincial People's Committees shall send documents to supervisory ministries in order to request competent authorities to promulgate decisions to recognize administrative divisions established after arrangement as safe zones, safe communes, poor districts, communes with special difficulties in coastal sand dunes, coastal areas and islands, administrative divisions in border areas, mountainous areas, highland regions, island communes.

2. If district-level and commune-level administrative divisions that have been recognized as safe zones, safe communes, poor districts, communes with special difficulties in coastal sand dunes, coastal areas and islands, administrative divisions in border areas, mountainous areas, highland regions, island communes are arranged with district-level and commune-level administrative divisions that have not yet been recognized as safe zones, safe communes, poor districts, communes with special difficulties in coastal sand dunes, coastal areas and islands, administrative divisions in border areas, mountainous areas, highland regions, island communes, provincial People's Committees shall direct relevant agencies to make review and assessment. If these administrative divisions meet criteria and standards of safe zones, safe communes, poor districts, communes with special difficulties in coastal sand dunes, coastal areas and islands, administrative divisions in border areas, mountainous areas, highland regions, island communes, they shall make applications, carry out procedures, and then submit to competent authorities for consideration and decision in accordance with regulations.

Article 19. Recognizing district-level and commune-level administrative divisions awarded titles "the Hero of the People's Armed Force” and “the Hero of Labor”

1. With regard to district-level and commune-level administrative divisions to be arranged that have been awarded the title “the Hero of the People's Armed Force” or “the Hero of Labor” by the President of the Socialist Republic of Vietnam, the provincial-level People's Committee shall send a document to the Ministry of Home Affairs to report to the Prime Minister for submission to the President so that the President recognizes that administrative divisions established after arrangement have been awarded titles "the Hero of the People's Armed Force” and “the Hero of Labor”.

2. In case district-level and commune-level administrative divisions to be arranged that have been awarded titles “the Hero of the People's Armed Force” and “the Hero of Labor” are arranged with district-level and commune-level administrative divisions to be arranged that have not yet been awarded titles “the Hero of the People's Armed Force” and “the Hero of Labor”, the provincial-level People's Committee shall direct relevant agencies to make review and assessment. If these administrative divisions meet standards and conditions as prescribed, the provincial-level People's Committee shall make application, carry out procedures, and then submit to the competent authority for consideration in accordance with regulations.

Article 20. Classification of administrative divisions established after arrangement

...

...

...

Article 21. Replacement of documents issued to organizations and individuals

1. Every document which has been issued by the competent authority to an individual, citizen or organization before the arrangement of administrative divisions may still be used until its expiry date.

2. Provincial People's Committees shall direct district-level and commune-level People's Committees that arrange administrative divisions to proactively develop plans for dissemination and replacement of papers and documents for individuals and organizations, thereby enabling individuals and organizations to carry out procedures for replacement, and fail to collect fees and charges when carrying out the replacement due to the change in boundaries of administrative divisions.

Chapter IV

IMPLEMENTATION AND EFFECT

Article 22. Funding for arrangement of commune-level and district-level administrative divisions

1. State budget shall allocate funding for the arrangement of commune-level and district-leveladministrative divisions according to regulations of the law on state budget hierarchy to formulate the plan/project on arrangement of commune-level and district-leveladministrative divisions; organize propaganda and promotion; organize the collection of voters' opinions; provide benefits for laid off officials, public employees and employees; provide urban building services and perform other necessary tasks due to the arrangement of administrative divisions.

2. Funding for arrangement of commune-level and district-level administrative divisions shall be covered by local government budgets.  Agencies of provinces and central-affiliated cities are entitled to use regular funding from the state budget allocated, in the period to commune-level and district-level administrative divisions subject to arrangement in order to spend on performing tasks specified in Clause 1 of this Article.

Each province and central-affiliated city will receive from central government budget a lump sum funding of 20 billion VND for each reduced district-level administrative division and 500 million VND for each reduced commune-level administrative division. These fundings are meant to support investment in construction, serving the arrangement of administrative divisions. According to the plan for arrangement of district-level and commune-level administrative divisions, the Government shall submit the annual state budget estimate to the National Assembly for decision.

...

...

...

4. Funding for performance of tasks related to the arrangement of district-level and commune-level administrative divisions of central agencies shall be covered by the central government budget in accordance with the Law on State Budget.

Article 23. Responsibilities of agencies and organizations for arrangement of commune-level and district-level administrative divisions

1. The Government and the Prime Minister shall:

a) Promulgate and direct the implementation of the plan for the arrangement of commune-level and district-level administrative divisions in the 2023 - 2025 period and the 2026 – 2030 period. To be specific, identify specific requirements for the roadmap, schedule, and responsibilities of ministries, central and local agencies for organization and implementation during the process of arrangement of administrative divisions according to regulations of this Resolution;

b) Promulgate within its competence or direct ministries and ministerial-level agencies to review and amend within its competence regulations and guidelines on arrangement and provision of benefits for officials, public employees and employees when arranging administrative divisions; special policies applicable to commune-level and district-level administrative divisions and other relevant contents of arrangement of commune-level and district-level administrative divisions;

c) Direct review and amendment to contents of arrangement of commune-level and district-level administrative divisions in provincial planning, urban planning, rural planning and others; 

d) Decide within its competence or submit to the competent authority for decision on allocation of central budget to local authorities for the purpose of support for arrangement of commune-level and district-level administrative divisions;

dd) Direct the preliminary review of arrangement of commune-level and district-level administrative divisions in the 2023 - 2025 period in the fourth quarter of 2025; preliminarily review implementation of arrangement of commune-level and district-level administrative divisions for the 2026 - 2030 period, summarize arrangement of administrative divisions in the 2019 – 2030 period in the first quarter of 2031 and report to the Standing Committee of the National Assembly on implementation results in each period.

2. Ministries, ministerial-level agencies and agencies attached to the Government shall, within the ambit of their tasks and powers, be responsible for arranging administrative divisions in accordance with regulations of this Resolution; provide guidance on the use of funding for the arrangement of administrative divisions, the application of special policies and other contents related to the arrangement of commune-level and district-level administrative divisions; on the basis of requests of local authorities, make appraisal and submit to competent authorities for decision on recognition and application of special policies to administrative divisions after arrangement; organize and arrange affiliated agencies and units located in communes and districts at administrative divisions subject to arrangement.

...

...

...

4. People's Councils and People's Committees at all levels, within the ambit of their tasks and powers, have the following responsibilities:

a) Approve within their competence, review and submit provincial planning, urban planning, rural planning and others to competent authorities for approval so as to conform to the arrangement of commune-level and district-level administrative divisions for the 2023 - 2025 period and the 2026 - 2030 period according to regulations in this Resolution;

b) Organize dissemination and mobilization, and provide information in an adequate and prompt manner for officials, public employees, employees and the People about the arrangement of commune-level and district-level administrative divisions;

c) Organize the formulation of the overall plan and project on arrangement of commune-level and district-level administrative divisions; organize the collection of voters' opinions on the project; approve the project as prescribed in this Resolution;

d) Organize arrangement and consolidation of organizational apparatus, officials, public employees and employees of local agencies and organizations; stabilize local people’s life, ensure national defense and security and meet socio-economic development requirements in local areas where commune-level and district-level administrative divisions are located after the arrangement;

dd) Formulate plans and allocate resources for investment in the development of technical and socio-economic infrastructures of urban administrative divisions after the arrangement.

5. The Vietnam Fatherland Front and its member organizations shall be responsible for disseminating information and mobilizing the People to create consensus and uniformity in awareness and action when arranging commune-level and district-level administrative divisions.

6. The Ethnic Council, Committees of the National Assembly, Delegations of the National Assembly, National Assembly deputies, People's Councils and deputies of People's Councils at all levels, within the ambit of their tasks and powers, shall supervise the implementation of this Resolution.

Article 24. Effect

...

...

...

Article 25. Application of law and transitional clauses

1. Administrative divisions eligible for incentive to arrangement specified in Clause 4, Article 1 of this Resolution that have been included in the overall plan and the project on arrangement of commune-level and district-level administrative divisions shall be eligible for benefits specified in this Resolution.

2. During the duration when the competent authority has not yet recognized that administrative divisions established after arrangement meet indicators, standards and titles as prescribed in Clause 2, Article 16, Clause 2, Article 17, Clause 2, Article 18 and Clause 2, Article 19 of this Resolution, the application of special policies to administrative divisions established after arrangement shall comply with regulations in Article 14 of this Resolution.

3. Any public investment program/project whose capital has been allocated in the annual public investment plan decided by the competent authority before the effective date of the Resolution of the Standing Committee of the National Assembly on arrangement in respect of each administrative division shall continue to be implemented according to the investment plan decided by the competent authority.

With regard to public investment programs and projects whose capital has been allocated in the medium-term public investment plan for the 2021-2025 period but has not yet been allocated in the annual capital plan before the effective date of the Resolution of the Standing Committee of the National Assembly on arrangement in respect of each administrative division, the adjustment to the decision on investment guidelines and the decision on investment in programs and projects shall comply with regulations of the law on public investment.

Regarding programs and projects that have had investment guidelines but have not yet been included in the medium-term public investment plan for the 2021-2025 period before the effective date of the Resolution of the Standing Committee of the National Assembly on arrangement for each administrative division, the adjustment to the decision on investment guidelines and the decision on investment in programs and projects shall comply with regulations of the law on public investment.

4. Projects on establishment, merger, division and adjustment to administrative boundaries related to administrative divisions subject to arrangement for the 2023 - 2030 period which have been appraised and submitted to the Government before the effective date of this Resolution shall continue to be submitted to competent authorities for consideration and decision in accordance with the Law on Local Government Organization and the Resolution of the Standing Committee of the National Assembly on standards and classification of administrative divisions.

This Resolution is approved by the Standing Committee of the 15th National Assembly of the Socialist Republic of Vietnam in the 24thmeeting on July 12, 2023.

...

...

...

ON BEHALF OF THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLYCHAIRMANVuong Dinh Hue