Circular No. 14/2018/TT-BNV 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.

CIRCULAR

Provincial People's Committees set specific pricesamending and supplementing some articles of Circular No.No. 04/2012/TT-MHA

dated August 31, 2012

on the organization and operation of villages and residential wards to function as local administrative authoritiesNo.

Căn cứ Luật T, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP pursuant to ResolutionNo. 77/2015/QH131dated June 19, 2015;

WHEREAS The Agricultural Land Use Tax Law of 1993;No. 80/2015/QH13 dated June 22, 2015;

Pursuant to the OrdinanceNo. 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 the Joint ResolutionNo. 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 Department of Local Administration, the Minister of Home Affairs issues this Circular amending and supplementing certain provisions of CircularNo. 04/2012/TT-MHA dated August 31, 2012 of the Minister of Home Affairs guiding the organization and operation of villages and residential wards;No..

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. Clause 3 shall be amended and supplemented as follows:

Article 3. Principles of organization and operation of villages and residential wards

1. Ensuring the self-management nature of the community, complying with direct management by the commune-level administration and leadership by the Party committee.

2. Adhering to laws, implementing village regulations (agreements); ensuring democracy, transparency, and fairness.

3. Not dividing stable operating villages and residential wards; merging villages and residential wards in accordance with specific conditions and characteristics of each locality.

4. In cases where land clearance planning, population dispersion planning, migration in mountainous areas, highlands, remote areas, or places with complex terrain, wide areas, and difficult transportation, the conditions for establishing new villages and residential wards may be lower than prescribed. If a newly formed community does not meet the conditions to establish a new village or residential ward, it shall be merged with adjacent villages or residential wards.

2. Clause 4 shall be amended and supplemented as follows:

Article 4. Organization of villages and residential wardsNo.

1. Each village has a Village Head; each residential ward has a Residential Ward Head. When necessary, there may be one Deputy Village Head and one Deputy Residential Ward Head.

2. The Deputy Village Head and Deputy Residential Ward Head are selected by the Village Head and Residential Ward Head after consultation with the Chairman of the People's Committee of the village or residential ward; the decision to recognize the Deputy Village Head and Deputy Residential Ward Head is made by the People's Committee of the commune.

3. Article 5 shall be amended and supplemented as follows:

Article 5. Content of activities of villages and residential wards

1. The community in villages and residential wards discusses and decides on policies and contributions for building infrastructure and public welfare facilities within the commune, village, or residential ward funded entirely or partially by the people, and internal community management tasks in accordance with the law.

2. The community participates in discussions and voting to decide on matters concerning the village or residential ward and commune as stipulated by the Ordinance on Implementing Democracy at Communes, Wards, and Towns.

3. Establishing and implementing village regulations and agreements; participating in self-management to maintain security, order, social safety, and environmental hygiene; preserving and promoting good cultural traditions and preventing social evils.

4. Implementing the guidelines of the Party and policies and laws of the State; participating and responding to campaigns and movements initiated by the Party, State, Vietnam Fatherland Front, and political-social organizations.

5. Electing, appointing, and dismissing Village Heads and Residential Ward Heads.

4. Article 7 shall be amended and supplemented as follows:

Article 7. Conditions for establishing new villages and residential wards

1. In cases where difficulties arise in the management by the commune-level administration and the operation of villages and residential wards requires the establishment of new villages and residential wards, the establishment must meet the following conditions:

a) Household size:

For villages in communes:

Villages in northern midlands and mountainous provinces have at least 150 households;

Villages in Red River Delta provinces have at least 300 households;

Villages in central provinces have at least 250 households;

Villages in southern provinces have at least 350 households;

Villages in Northwest provinces have at least 200 households;

Villages in border communes, island communes, and communes without township administrative units have at least 100 households;

For residential wards in wards and towns:

Residential wards in northern midlands and mountainous provinces have at least 200 households;

Residential wards in Red River Delta provinces have at least 350 households. In particular, Hanoi has at least 450 households;

Residential wards in central provinces have at least 300 households;

Residential wards in southern provinces have at least 400 households. In particular, Ho Chi Minh City has at least 450 households;

Residential wards in Northwest provinces have at least 250 households;

Residential wards in border wards and towns, island wards and towns, and residential wards in island communes without township administrative units have at least 150 households.

b) Other conditions:

There must be essential economic and social infrastructure suitable to the actual conditions of the locality to serve community activities and ensure the stability of residents' lives.

2. For special cases

a) Villages and residential wards within land clearance plans, population dispersion plans, villages formed due to migration in mountainous areas, highlands, remote areas, villages located in places with complex terrain, isolated villages on islands; villages on river islands; villages with wide areas and difficult transportation have at least 50 households; residential wards have at least 100 households.

b) In border and maritime island areas far from the mainland, due to migration or to protect border and sea sovereignty, the establishment of villages and residential wards does not apply the household size requirements set forth in Clause 1 of this Article.

c) In cases where villages and residential wards have long been formed due to encroachment and settlement, it is necessary to transfer management between administrative units at the commune level for the convenience of community activities and living without changing the administrative boundary lines of the commune, then the dissolution and establishment of new villages and residential wards shall be carried out according to the provisions herein. If the household size does not meet the scale stipulated, the consolidation of residential clusters shall be implemented in accordance with Article 9 of this Circular.”

5. Supplement Article 7a following Article 7 as follows:

"Article 7a. Conditions for merging, dissolving, naming, and renaming villages and residential wards"

1. In the case of merging villages and residential wards

a) For villages and residential wards with a household size below 50% of the household size specified in Clause 1 of Article 7 of this Circular, they must be merged with adjacent villages and residential wards;

b) For villages and residential wards that reach 50% or more of the household size specified in Clause 1 of Article 7 of this Circular in areas with sufficient conditions, the merger shall be implemented;

c) During the implementation of the merger of villages and residential wards, factors such as geographical location, terrain, and customs and traditions of the local community should be considered;

d) The proposal for the merger of villages and residential wards must be approved by more than 50% of voters or representatives of households from each village and residential ward being merged.

2. In the case of dissolving villages and residential wards due to land acquisition by the State for land clearance or resettlement, or other cases decided by competent authorities, the relocation of residents, resettlement arrangements, and resolution of related issues shall be carried out according to the Compensation, Support, and Resettlement Plan or the Community Resettlement and Stabilization Proposal already approved by competent authorities.

3. The name of newly established or merged villages and residential wards shall not duplicate the names of existing villages and residential wards within the same commune-level administrative unit;

4. Renaming villages and residential wards shall be carried out based on the wishes of the people residing in those villages and residential wards."

6. Clause 6 of Article 8 is amended and supplemented as follows:

"Article 8. Procedures and documents for establishing new villages and residential wards"

6. Based on the submitted dossier of the People's Committee of the district and the results of the review by the Department of Home Affairs, the People's Committee of the province shall submit the draft Resolution for establishing new villages and residential wards to the Provincial People's Council for consideration and issuance."

"Article 8a. Procedures and documents for merging, dissolving, and naming, renaming villages and residential wards", amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPthe name of the village or residential ward

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. Converting villages into residential wards when establishing towns or townships from commune-level administrative units:

Based on the Resolution of the Standing Committee of the National Assembly regarding the establishment of towns or townships from commune-level administrative units, the Chairman of the People's Committee of the province decides to convert villages into residential wards belonging to towns or townships.

3. For cases of dissolving villages and residential wards:

After implementing the Compensation, Support, and Resettlement Plan or the Community Resettlement and Stabilization Proposal and other cases approved by competent authorities, the People's Committee of the province prepares a Report accompanied by a List of households belonging to the villages and residential wards involved, and submits it to the Provincial People's Council for a decision to dissolve the 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 prepares a dossier including: Report and Proposal for renaming villages and residential wards (the proposal needs to clearly state the reasons for renaming villages and residential wards; the name of the villages and residential wards after renaming...) and organizes a public opinion poll among all voters or household representatives in the villages and residential wards regarding the renaming proposal, compiles the opinions and records them in a minutes of the public opinion poll;

If the renaming proposal is approved by more than 50% of voters or household representatives, the People's Committee of the commune completes the dossier and submits it to the Provincial People's Council for approval of the renaming proposal; within five working days from the date of the Provincial People's Council Resolution, the People's Committee of the commune completes the dossier and submits it to the People's Committee of the district;

Within ten working days from the date of receiving a complete and valid dossier transferred by the People's Committee of the commune, the People's Committee of the district prepares a Report accompanied by the dossier and sends it to the Department of Home Affairs for review;

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

8. Article 10 is amended and supplemented as follows:

"Article 10. Duties and powers of Village Chiefs and Ward Heads"

1. Duties:

a) To convene and chair meetings of villages and residential wards; organize the implementation of tasks within the scope of villages and residential wards as decided by the people; ensure the activities of villages and residential wards in accordance with Article 5 of this Circular;

b) To mobilize and organize the people to implement grassroots democracy and village regulations and conventions approved by competent authorities;

c) To collect, reflect, and propose solutions to the commune-level government for resolving legitimate demands and aspirations of the people in villages and residential wards; promptly report to the People's Committee of the commune about violations of the law in villages and residential wards;

d) To record the results of decisions made directly by the people in villages and residential wards on their tasks; record the results of decisions made by the people in villages and residential wards on matters within the scope of the commune; report the results to the Chairman of the People's Committee of the commune;

đ) To cooperate with the Mass Organization Work Board and political-social organizations in villages and residential wards to mobilize the people to participate in movements and campaigns initiated by these organizations;

e) Must report work results to the meeting of villages and residential wards every six months and at the end of the year.

2. Authorities:

a) Has the right to sign contracts for construction projects funded by contributions from the people in villages and residential wards, which have been approved by the village and residential ward meetings and comply with relevant regulations of all levels of government;

b) Has the right to assign tasks to Deputy Village Chiefs and Deputy Ward Heads; invited to meetings by the commune-level government and provided with information and materials related to the management and operation of villages and residential wards; has the right to training and capacity building on organizational work and activities of villages and residential wards."

9. Article 12 shall be amended and supplemented as follows:

"Article 12. Procedures for electing, appointing, and removing the Village Head and Ward People's Group Head.

1. Procedures for electing, appointing, and removing the Village Head and Ward People's Group Head:

a) On the basis of consensus with the Branch Party Committee, the Village Mass Organization Proposes a list for the Village Meeting to elect the Village Head and Ward People's Group Head; at this meeting, voters in the village or ward may self-nominate or introduce candidates. Based on the election results, the Commune People's Committee decides to recognize the Village Head and Ward People's Group Head. The time for organizing the election shall be carried out according to the regulations of the Provincial People's Committee;

b) The procedures for electing, appointing, and removing the Village Head and Ward People's Group Head shall be implemented in accordance with the provisions of Chapter 2 of the Joint Resolution No. 09/2008/NQLT-CP-UBTWMTTQVN dated April 17, 2008, of the Government and the Vietnam Fatherland Front Central Committee guiding the implementation of Articles 11, 14, 16, 22, and 26 of the Ordinance on Implementing Democracy in Villages, Wards, and Towns.

2. Term of office of the Village Head, Ward People's Group Head, and Deputy Village Head, Deputy Ward People's Group Head:

a) The term of office of the Village Head and Ward People's Group Head is 2.5 years (two and a half years) or 5 years (five years), as specified uniformly and in accordance with specific conditions in the locality by the Provincial People's Committee. In cases where new villages or wards are established or there is a vacancy in the position of Village Head or Ward People's Group Head, the Chairman of the Commune People's Committee decides to appoint an acting Village Head or Ward People's Group Head to manage the activities of the village or ward until the Village Head or Ward People's Group Head is elected within six months from the date of the decision to appoint the acting Village Head or Ward People's Group Head.

b) The term of office of the Deputy Village Head and Deputy Ward People's Group Head shall be in accordance with the term of office of the Village Head and Ward People's Group Head."

10. Clause 4 of Article 14 is amended and supplemented as follows:

"Article 14. Responsibilities for Implementation

4. The Chairman of the Commune People's Committee:

Manages and directs the activities of the Village Head and Ward People's Group Head within their jurisdiction in accordance with the provisions of this Circular and the Regulation on the organization and operation of villages and wards issued by the Provincial People's Committee."

Article 2. Effectiveness

1. This Circular takes effect from January 20, 2019.

2. This Circular abolishes Circular No. 09/2017/TT-BNV dated December 29, 2017, of the Minister of Home Affairs amending and supplementing certain articles of Circular No. 04/2012/TT-BNV dated August 31, 2012, of the Minister of Home Affairs guiding the organization and operation of villages and wards, and abolishes Point a, Clause 2, Article 14; Points c and đ, Clause 1, Article 8; Points b and d, Clause 1, Article 9 of Circular No. 04/2012/TT-BNV dated August 31, 2012, of the Minister of Home Affairs guiding the organization and operation of villages and wards.

3. During the implementation of this Circular, if there are any difficulties, organizations and individuals are requested to send their opinions to the Ministry of Home Affairs for consideration and resolution./.

ANNEX 1

List of provinces and centrally governed cities by region
(Annexed to Circular No. 14/2018/TT-BNV dated December 3, 2018, of the Minister of Home Affairs)