Decree No. 141/2025/NĐ-CP on the delineation of authority of two-level local governments in the field of state management by the Government Inspectorate

 DECREE

Regulations on the delineation of authority between two levels of local administration in the field of state management by the Government Inspectorate

On the basis of The Government Organization Law 2025;

On the basis of The Local Government Organization Law 2025;

Pursuant to Resolution No. Decision 190/2025/QH15 dated February 19, 2025 of the National Assembly regarding handling certain issues related to the restructuring of the state apparatus;

At the proposal of the Government Inspectorate;

The Government promulgates this Decree to regulate the delineation of authority between two levels of local administration in the field of state management by the Government Inspectorate.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the following:

1. The delineation of tasks and powers between two levels of local administration in the field of state management by the Government Inspectorate.

2. The procedures and processes for implementing tasks and powers assigned to provincial and communal level administrations according to the provisions of this Decree.

Article 2. Principles of Authority Delineation

1. Ensuring consistency with the Constitution, the Law on Organization of the Government, the Law on Organization of Local Administration, and the Party's policy on authority delineation.

2. Ensuring a legal basis for the normal, continuous, and smooth operation of agencies; preventing work interruptions, overlapping, duplication, or omission of functions, tasks, areas, or territories; and not affecting the normal activities of society, citizens, and businesses.

3. Ensuring no legal gaps in citizen reception, complaint resolution, accusation handling, and anti-corruption efforts when organizing two levels of local administration.

4. Ensuring transparency and creating favorable conditions for individuals and organizations to exercise their rights and obligations and follow legal procedures.

Chapter II
AUTHORITY DELINEATION IN THE FIELD OF CITIZEN RECEPTION, COMPLAINT RESOLUTION, ACCUSATION HANDLING, AND ANTI-CORRUPTION EFFORTS

Article 3. Authority in Citizen Reception Work

1. Citizen reception at the commune level after restructuring shall be carried out in accordance with Article 15 of the Law on Citizen Reception, Clause 2 of this Article, and relevant laws.

2. The Chairman of the People's Committee at the commune level assigns units and competent officials to perform the following tasks:

a) Advising and participating in citizen receptions together with the Chairman of the People's Committee at the commune level during regular and ad hoc meetings;

b) Explaining and guiding citizens on how to file complaints, accusations, suggestions, and reflections in accordance with the prescribed procedures and authorities; requiring citizens to comply with decisions resolving complaints and accusations made by competent authorities in accordance with policies and laws;

c) Receiving, classifying, and processing complaints, accusations, suggestions, and reflections;

d) Monitoring and urging the resolution of complaints, accusations, suggestions, and reflections within the jurisdiction of the Chairman of the People's Committee at the commune level;

đ) Summarizing the situation and results of citizen reception work within the scope of responsibility of the Chairman of the People's Committee at the commune level.

Article 4. Authority to Resolve Complaints

1. Authority of the Chairman of the People's Committee at the commune level to resolve complaints:

a) Resolving initial complaints against administrative decisions and actions of themselves, heads of specialized agencies under the People's Committee at the commune level, and directly managed civil servants and public officials;

b) Resolving initial complaints against administrative decisions and actions of the Chairman of the People's Committee at the district level, heads of specialized agencies under the People's Committee at the district level regarding matters related to content that has been delegated to the People's Committee at the commune level after the end of the district-level government.

2. Authority of the Chairman of the People's Committee at the provincial level to resolve complaints:

a) Resolving initial complaints against administrative decisions and actions of the Chairman of the People's Committee at the district level, heads of specialized agencies under the People's Committee at the district level regarding matters related to content that has been delegated to the provincial level after the end of the district-level government;

b) Resolving second-level complaints against administrative decisions and actions of the Chairman of the People's Committee at the commune level who have already resolved the initial complaint but still face further complaints or initial complaints that have exceeded the time limit without resolution.

Article 5. Competence to handle complaints

1. The Chairman of the People's Committee at the commune level shall handle complaints regarding violations of laws in the performance of duties and public services by the heads, deputies of the heads of specialized agencies under the People's Committee at the commune level, and other civil servants and officials directly appointed and managed by him/her.

2. The Chairman of the People's Committee at the provincial level shall handle complaints regarding violations of laws in the performance of duties and public services by the heads, deputies of the heads of specialized agencies under the People's Committee at the provincial level and equivalent agencies, Chairmen, Deputy Chairmen of the People's Committees at the commune level, and other civil servants and officials directly appointed and managed by him/her.

Article 6. Competence to temporarily suspend work and temporarily transfer to another position for persons involved in corruption-related actions

1. The Chairman of the People's Committee at the commune level shall decide on temporarily suspending work and temporarily transferring to another position for the heads, deputies of the heads of specialized agencies under the People's Committee at the commune level, and persons with positions and powers directly appointed and managed by him/her.

2. The Chairman of the People's Committee at the provincial level shall decide on temporarily suspending work for Chairmen, Deputy Chairmen of the People's Committees at the commune level.

Chapter III
IMPLEMENTING PROVISIONS

Article 7. Effective Date

1. This Decree takes effect from July 1, 2025.

2. This Decree ceases to be effective from March 1, 2027, except for the following cases:

a) Ministries and ministerial-level agencies report to the Government to propose and obtain the National Assembly's decision to extend the application period of this Decree in whole or in part;

b) Laws, Resolutions of the National Assembly, Ordinances, Resolutions of the Standing Committee of the National Assembly, Decrees, Resolutions of the Government, Decisions of the Prime Minister that provide for administrative management authority, responsibility, procedures, and formalities stipulated in this Decree, which were adopted or issued from July 1, 2025, become effective before March 1, 2027, and corresponding provisions in this Decree cease to be effective upon the entry into force of these legal documents;

c) During the period when the provisions of this Decree are effective, if the provisions concerning administrative management authority, responsibility, procedures, and formalities in this Decree differ from those in related legal documents, they shall be implemented according to the provisions of this Decree.

Article 8. Transitional Provisions

1. For complaints being handled by the Chairman of the People's Committee at the district level or the head of a specialized agency under the People's Committee at the district level, the competence to handle such complaints is determined as follows:

a) Complaints being handled by the Chairman of the People's Committee at the district level or the head of a specialized agency under the People's Committee at the district level for the first time, relating to matters delegated to the People's Committee at the commune level after the end of the district-level administration, shall continue to be handled by the Chairman of the People's Committee at the commune level. In cases involving two or more newly formed commune-level administrative units, the Chairman of the People's Committee at the provincial level shall review and assign the Chairman of one commune to lead the handling of the complaint.

If the matter relates to content delegated to the People's Committee at the provincial level after the end of the district-level administration, the Chairman of the People's Committee at the provincial level shall continue to handle the complaint;

b) Complaints being handled by the Chairman of the People's Committee at the district level for the second time shall continue to be handled by the Chairman of the People's Committee at the provincial level.

2. For complaints being handled by the head of a public service unit at the district level, the head of the public service unit after reorganization shall continue to handle the complaint.

3. For complaints being handled by the Chairman of the People's Committee at the district level, the competence to handle such complaints is determined as follows:

a) The Chairman of the People's Committee at the commune level shall continue to handle complaints against civil servants and officials transferred to specialized agencies under the People's Committee at the commune level;

b) The head of a specialized agency under the People's Committee at the provincial level and equivalent agencies shall continue to handle complaints against civil servants and officials transferred to units under their own agencies;

c) The Chairman of the People's Committee at the provincial level shall continue to handle complaints against civil servants transferred and appointed to hold the position of head or deputy head of specialized agencies under the People's Committee at the provincial level and equivalent agencies, and Chairmen, Deputy Chairmen of the People's Committees at the commune level.

4. For matters being advised by the Citizen Reception Office at the district level to be directed by the Chairman of the People's Committee at the district level to implement citizen reception conclusions and handle letters from the Chairman of the People's Committee at the district level and the Chairman of the People's Committee at the provincial level, the Chairman of the People's Committee at the commune level where the complainant resides shall continue to implement them./.