Circular No. 05/2022/TT-BNV amends and supplements certain provisions of Circular No. 04/2012/TT-BNV dated August 31, 2012, issued by the Minister of Home Affairs guiding the organization and operation of villages and residential wards.

CIRCULAR
Amending and supplementing certain provisions of Circular No. 04/2012/TT-BNV dated August 31, 2012, issued by the Minister of Home Affairs guiding the organization and operation of villages and residential wards

dated August 31, 2012

on the organization and operation of villages and residential wards

Pursuant to the Law on Organization of Local Administration dated June 19, 2015;

Pursuant to the Law Amending and Supplementing Several Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to Resolution No. 97/2019/QH14 dated November 27, 2019 of the National Assembly on piloting the urban administrative model in Hanoi City;

Pursuant to Resolution No. 119/2020/QH14 dated June 19, 2020 of the National Assembly on piloting the organization of urban administration models and certain special mechanisms and policies for the development of Da Nang City;

Pursuant to Resolution No. 131/2020/QH14 dated November 16, 2020 of the National Assembly on organizing the urban administrative system in Ho Chi Minh City;

Pursuant to Ordinance No. 34/2007/PL-UBTVQH11 dated April 20, 2007 of the Standing Committee of the National Assembly on implementing democracy at communes, wards, and towns and Joint Resolution No. 09/2008/NQLT-CP-UBTWMTTQVN dated April 17, 2008 of the Government and the Central Committee of the Vietnam Fatherland Front guiding the implementation of Articles 11, 14, 16, 22, and 26 of the Ordinance on implementing democracy at communes, wards, and towns;

Pursuant to Decree No. 34/2017/NĐ-CP dated April 3, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

At the proposal of the Director of the Local Administration Department;

The Minister of Home Affairs issues this Circular amending and supplementing certain provisions of Circular No. 04/2012/TT-BNV dated August 31, 2012, issued by the Minister of Home Affairs guiding the organization and operation of villages and residential wards.

Article 1. Amending and supplementing certain provisions of Circular No. 04/2012/TT-BNV dated August 31, 2012, issued by the Minister of Home Affairs guiding the organization and operation of villages and residential wards:

1. Amending and supplementing Clause 3 of Article 8 as follows:

"3. If more than 50% of voters or household representatives in the area for establishing new villages or residential wards agree with the proposal, the People's Committee of the commune shall complete the dossier (including the minutes of voter opinions) and submit it to the People's Council of the commune for approval at the nearest session. Within five working days from the date of the People's Council's resolution, the People's Committee of the commune shall complete the dossier and submit it to the People's Committee of the district. In areas without a People's Council of the commune, within ten working days from the date of collecting voter opinions or household representative opinions, the People's Committee of the commune shall complete the dossier for establishing new villages or residential wards (including the minutes of voter opinions) and submit it to the People's Committee of the district.

If the proposal does not receive the agreement of more than 50% of voters or household representatives in the area for establishing new villages or residential wards, the People's Committee of the commune shall organize a second round of opinion collection; if still not receiving the agreement of more than 50% of voters or household representatives, within five working days from the date of the second round of opinion collection minutes, the People's Committee of the commune shall report to the People's Committee of the district for consideration and decision."

2. Supplementing Article 8a as follows:

"Article 8a. Procedures and dossiers for merging, dissolving, and naming or renaming villages and residential wards

1. The procedures and dossiers for merging villages and residential wards shall be implemented according to the procedures and dossiers for establishing new villages and residential wards as stipulated in Article 8 of this Circular.

2. Based on the Resolution of the Standing Committee of the National Assembly on the establishment of wards and towns from commune administrative units, the Chairman of the People's Committee of the province shall decide to convert villages into residential wards under wards and towns.

3. For cases of dissolving villages and residential wards:

After completing the compensation, support, resettlement plan or the arrangement and stabilization plan for residents and other cases approved by competent authorities, the People's Committee of the province shall prepare a Report along with a List of households related to the dissolved villages and residential wards and submit them to the People's Council of the province for a decision to dissolve villages and residential wards.

4. Naming and renaming villages and residential wards:

a) Naming villages and residential wards shall be carried out during the process of preparing the dossier for establishing new villages and residential wards, or merging villages and residential wards;

b) Renaming villages and residential wards shall be carried out in the following steps:

The People's Committee of the commune shall prepare a dossier including: A Report and a Plan for renaming villages and residential wards (the plan must clearly state the reasons for renaming villages and residential wards; the name of the village or residential ward after renaming) and organize the collection of opinions from all voters or household representatives in the village or residential ward regarding the renaming plan, compile the opinions into a minutes of opinion collection.

If the renaming plan receives the agreement of more than 50% of voters or household representatives, the People's Committee of the commune shall complete the dossier and submit it to the People's Council of the same level for approval of the renaming plan; within five working days from the date of the People's Council's resolution, the People's Committee of the commune shall complete the dossier and submit it to the People's Committee of the district. In areas without a People's Council of the commune, within ten working days from the date of collecting voter opinions or household representative opinions, the People's Committee of the commune shall complete the dossier and submit it to the People's Committee of the district.

If the renaming plan does not receive the agreement of more than 50% of voters or household representatives, the People's Committee of the commune shall organize a second round of opinion collection; if still not receiving the agreement of more than 50% of voters or household representatives, within five working days from the date of the second round of opinion collection minutes, the People's Committee of the commune shall report to the People's Committee of the district for consideration and decision.

Within ten working days from the date of receiving a complete and valid dossier from the People's Committee of the commune, the People's Committee of the district shall prepare a Report along with the dossier and send it to the Department of Home Affairs for review;

Within ten working days from the date of receiving a complete and valid dossier from the People's Committee of the district, the Department of Home Affairs shall review, report to the People's Committee of the province for submission to the People's Council of the province for consideration and issuance of a Resolution on renaming villages and residential wards."

3. Amending and supplementing Clause 3 of Article 9 as follows:

"3. If the proposal to merge residential clusters into existing villages or neighborhood associations is approved by more than 50% of voters or household representative voters in the area where the residential cluster merging will take place, the People's Committee at the commune level shall complete the dossier (including the minutes of the voter opinions) and submit it to the People's Council at the commune level for approval at the nearest session. Within five working days from the date of the People's Council resolution at the commune level, the People's Committee at the commune level shall complete the dossier and submit it to the People's Committee at the district level. In areas without a People's Council at the commune level, within ten working days from the date of collecting voter opinions or household representative voter opinions, the People's Committee at the commune level shall complete the dossier on merging residential clusters into villages or neighborhood associations (including the minutes of the voter opinions) and submit it to the People's Committee at the district level.

In cases where the proposal has not been approved by more than 50% of voters or household representative voters in the area where the residential cluster merging will take place, the People's Committee at the commune level shall organize a second round of opinion collection; if still not more than 50% of voters or household representative voters approve, within five working days from the date of the minutes of the second round of opinion collection, the People's Committee at the commune level shall report to the People's Committee at the district level for consideration and decision.

4. Replace the phrase "fifteen working days" with the phrase "ten working days" in Clause 4, Article 8 and Clause 5, Article 9.

Article 2. Effective Date

1. This Circular takes effect from the date of signature.

2. Repeal Clause 7, Article 1 of Circular No. 14/2018/TT-BNV dated December 3, 2018 issued by the Minister of Home Affairs amending and supplementing some articles of Circular No. 04/2012/TT-BNV dated August 31, 2012 issued by the Minister of Home Affairs guiding the organization and operation of villages and neighborhood associations.

3. During implementation, if there are any difficulties, please reflect them to the Ministry of Home Affairs for consideration and resolution./.