Decree No. 15/2007/NĐ-CP On Classification of Provincial and District Administrative Units

DECREE:

Chapter 1:

GENERAL PROVISIONS

Article 1. Object and scope of regulation

This Decree stipulates the purpose, principles, types, criteria, methods, point calculation procedures, procedures, authorities, and handling of violations related to classifying administrative units at the provincial level and municipal level directly under the central government (hereinafter referred to collectively as the provincial level) and administrative units at the district, urban district, town, and city-level under provinces (hereinafter referred to collectively as the district level).

Article 2. Purpose of classification

1. Ensuring the stability of administrative units at the provincial and district levels and enhancing the effectiveness of state administrative management at the local level.

2. Serving as a basis for formulating policies on economic and social development, building organizational structures of People's Councils, People's Committees, and specialized agencies under provincial and district People's Committees.

3. Providing a foundation for establishing systems and policies for cadres and civil servants appropriate to each type of administrative unit.

Article 3. Principles of classification

1. Classifying administrative units at the provincial and district levels based on population size, area, geographical characteristics, number of administrative units, natural conditions, socio-economic factors reflecting the volume of work and the complexity of state administrative management activities at the provincial and district levels.

2. The method of calculating points for classification according to the criteria must ensure objectivity and scientific accuracy.

Chapter 2:

TYPES, CRITERIA, METHODS, AUTHORITY AND PROCEDURES FOR CLASSIFYING ADMINISTRATIVE UNITS AT THE PROVINCIAL AND DISTRICT LEVELS

Article 4. Types of administrative units

1. Provinces and centrally-administered municipalities are classified into four types: special type, Type I, Type II, and Type III.

2. Administrative units at the district level are classified into three types: Type I, Type II, and Type III.

Article 5. Recognition of special type and Type I administrative units without point calculation according to criteria

1. Recognizing Hanoi and Ho Chi Minh City as special type provincial administrative units

a) Hanoi is the political, economic, cultural, social, scientific and technological, commercial, service center, transportation hub, and international exchange center; it plays a role in promoting national economic and social development, has strategic significance in terms of security and defense; has a high population density, complex and difficult nature of urban state management, achieves a high annual budget balance ratio, and is recognized as a special type city;

b) Ho Chi Minh City is the economic, cultural, scientific and technological, educational, tourism, service center, transportation hub, and international exchange center; it plays a role in promoting regional and national economic and social development, has strategic importance in terms of regional security and defense; has the highest population density in the country, complex and difficult nature of urban state management, achieves a high annual budget balance ratio, and is recognized as a special type city.

2. Recognizing centrally-administered municipalities (excluding Hanoi and Ho Chi Minh City) as Type I provincial administrative units

Centrally-administered municipalities (excluding Hanoi and Ho Chi Minh City) are economic, cultural, social, scientific and technological, tourism, service centers, transportation hubs, and domestic and international exchange centers; they have significant roles in regional and national security and defense, and play a role in promoting economic and social development in inter-provincial regions or areas.

3. Recognizing cities under provinces and districts under Hanoi, and districts under Ho Chi Minh City as Type I district administrative units

a) Cities under provinces are located at the political center, economic and social center, or economic, cultural, social, scientific and technological, tourism, service center, and transportation hub of the province and domestic and international exchanges; they play a role in promoting inter-district and inter-provincial economic and social development and regional territories;

b) Districts under Hanoi and Ho Chi Minh City have high population density, complex and difficult nature of urban state management, achieve a high annual budget balance ratio, and are district administrative units within special type cities.

Article 6. Criteria for Scoring Classification

Administrative units at the provincial and district levels shall be classified according to the following criteria:

1. Population;

2. Natural area;

3. Special factors.

Article 7. Method of Calculating Points for Classifying Provincial Administrative Units According to the Criteria

1. Regarding population by region

a) For mountainous and highland provinces: a province with less than 400,000 inhabitants scores 50 points; for every additional 6,000 inhabitants, 1 point is added, with a maximum of 250 points;

b) For plain provinces: a province with less than 700,000 inhabitants scores 50 points; for every additional 9,000 inhabitants, 1 point is added, with a maximum of 250 points.

2. Regarding natural area by region

a) For mountainous and highland provinces: a province with less than 400,000 hectares of natural land area scores 40 points; for every additional 8,000 hectares, 1 point is added, with a maximum of 150 points;

b) For plain provinces: a province with less than 90,000 hectares of natural land area scores 40 points; for every additional 6,000 hectares, 1 point is added, with a maximum of 150 points.

3. Special factors

a) For plain provinces having district-level administrative units in mountainous and highland areas, each such district-level administrative unit scores 1 point, with a maximum of 10 points;

b) Mountainous provinces score 15 points; mountainous provinces having district-level administrative units in highland areas, each such highland district-level administrative unit scores 1 point;

c) Highland provinces score 25 points;

d) Border provinces score 20 points;

đ) Provinces with more than 11 district-level administrative units, each additional district-level administrative unit scores 1 point, with a maximum of 15 points;

e) Provinces where ethnic minority populations account for between 30% to 50% of the total population score 5 points; if over 50%, score 10 points;

g) Provinces where the annual budget revenue-to-expenditure ratio on the territory (averaged over the three most recent years up to the year immediately preceding classification) reaches 100% (revenue equals expenditure) score 5 points; for every additional 10% above 100%, 1 point is added, with a maximum of 40 points.

Article 8. Method of Calculating Points for Classifying District-Level Administrative Units According to the Criteria

1. Regarding population by region

a) For mountainous, highland, and island districts: a district with less than 40,000 inhabitants scores 50 points; for every additional 600 inhabitants, 1 point is added, with a maximum of 250 points;

b) For plain districts: a district with less than 50,000 inhabitants scores 50 points; for every additional 700 inhabitants, 1 point is added, with a maximum of 250 points.

c) For urban districts (excluding those specified in Clause 3, Article 5) and towns:

- Plain urban districts and towns with less than 80,000 inhabitants score 50 points; for every additional 800 inhabitants, 1 point is added, with a maximum of 250 points;

- Mountainous, highland, and border towns with less than 60,000 inhabitants score 50 points; for every additional 700 inhabitants, 1 point is added, with a maximum of 250 points.

2. Regarding area by region

a) For mountainous, highland, and island districts: a district with less than 20,000 hectares of natural land area scores 40 points; for every additional 1,000 hectares, 1 point is added, with a maximum of 150 points;

b) For plain districts: a district with less than 10,000 hectares of natural land area scores 40 points; for every additional 600 hectares, 1 point is added, with a maximum of 150 points.

c) For urban districts (excluding those specified in Clause 3, Article 5) and towns

- Urban districts with less than 1,000 hectares of natural land area score 40 points; for every additional 100 hectares, 1 point is added, with a maximum of 150 points;

- Plain towns with less than 3,000 hectares of natural land area score 40 points; for every additional 150 hectares, 1 point is added, with a maximum of 150 points;

- Mountainous, highland, and border towns with less than 4,000 hectares of natural land area score 40 points; for every additional 200 hectares, 1 point is added, with a maximum of 150 points.

3. Special factors

a) District-level administrative units in plain regions having commune-level administrative units that are mountainous, highland, deep, and remote areas score 1 point for each such commune-level administrative unit, with a maximum of 10 points;

b) District-level administrative units in mountainous regions score 15 points; district-level administrative units in mountainous regions having commune-level administrative units that are highland areas score 1 point for each such highland commune-level administrative unit;

c) District-level administrative units in highland regions score 25 points;

d) District-level administrative units in border and island regions score 20 points;

đ) District-level administrative units with more than 17 commune-level administrative units score 1 point for each additional commune-level administrative unit, with a maximum of 20 points;

e) Urban districts and towns with a population density of 120 people/hectare score 5 points; for every additional 10 people/hectare, 1 point is added, with a maximum of 20 points;

g) Towns serving as provincial capitals and urban districts within centrally-administered cities score 15 points;

h) District-level administrative units with international border gates score 10 points for each such gate; national border gates score 5 points for each such gate;

i) District-level administrative units where the average annual budget revenue on the territory (averaged over the three most recent years up to the year immediately preceding classification) reaches 100% of the plan score 5 points; for every additional 5% above 100%, 1 point is added, with a maximum of 20 points;

k) District-level administrative units where ethnic minority populations account for between 30% to 50% of the total population score 5 points; if over 50%, score 10 points.

Article 9. Framework for Classifying Administrative Units at Provincial and District Levels

1. The number of points assigned to each criterion as stipulated in Articles 7 and 8 of this Decree.

2. The classification of administrative units at provincial and district levels shall be based on the total accumulated points of all criteria for each unit.

3. The classification of administrative units at provincial and district levels shall be based on the following point framework:

a) Administrative units at provincial and district levels classified as Type I have 341 points or more;

b) Administrative units at provincial and district levels classified as Type II have between 201 and 340 points;

c) Administrative units at provincial and district levels classified as Type III have 200 points or less.

Article 10. Procedures, Formalities, Timeframes, and Authority for Classification Decisions

1. For administrative units at provincial level

a) The People's Committee of the province shall prepare a dossier including: a copy of the administrative boundary map; a population census report, natural area statistics, and documents on special factors, which shall be reviewed by the same-level People's Council and reported to the Ministry of Home Affairs for verification;

b) The Ministry of Home Affairs shall verify the proposed classification dossier of the provincial People's Committee, report the verification results, and submit them to the Prime Minister for consideration and decision;

c) Based on the dossier, the report from the provincial People's Committee, and the verification report from the Ministry of Home Affairs, the Prime Minister shall decide on the classification of administrative units at the provincial level.

2. For administrative units at district level

a) The People's Committee of the district shall prepare a dossier including: a copy of the administrative boundary map; a population census report, natural area statistics, and documents on special factors, which shall be reviewed by the same-level People's Council and reported to the provincial People's Committee for verification;

b) The provincial People's Committee shall verify the proposed classification dossier of the district People's Committee, report the verification results, and submit them to the Minister of Home Affairs for consideration and decision;

c) Based on the dossier, the report, and the verification report from the provincial People's Committee, the Minister of Home Affairs shall decide on the classification of administrative units at the district level.

3. Regarding the timeframes for preparing, verifying dossiers, and submitting and signing classification decisions

a) The timeframe for preparing the dossier shall not exceed 30 days from the date of initiating the classification dossier procedures. After preparing the dossier, the provincial and district People's Committees shall report to the same-level People's Council for approval at the nearest session;

b) The timeframe for verifying the classification dossier shall not exceed 30 days for district-level dossiers and 40 days for provincial-level dossiers, counted from the date the verification agency receives the dossier from the provincial or district People's Committee;

c) The timeframe for submitting and deciding on the classification of administrative units at provincial and district levels shall not exceed 20 days from the date the Ministry of Home Affairs reports and submits the provincial-level classification dossier to the Prime Minister and from the date the provincial People's Committee reports and submits the district-level classification dossier to the Minister of Home Affairs..

Article 11. Adjusting the Classification of Administrative Units at Provincial and District Levels

1. Five years after the classification decision for administrative units at provincial and district levels becomes effective, the provincial and district People's Committees shall request the competent authority to consider and decide on adjusting the classification of administrative units.

2. In cases where administrative units experience changes in population, area, or special factors sufficient for reclassification, the Prime Minister shall decide on adjusting the classification of provincial administrative units, and the Minister of Home Affairs shall decide on adjusting the classification of district administrative units.

3. After administrative units at provincial and district levels have been adjusted in terms of boundaries, merged, or newly established according to the decision of the competent authority, the provincial and district People's Committees shall request the competent authority to consider and decide on adjusting the classification of these administrative units.

4. The implementation of adjustments to the classification of administrative units as specified in Clauses 1, 2, and 3 above shall be carried out in accordance with the provisions of this Decree.

Chapter 3:

HANDLING VIOLATIONS

Article 12. Handling Violations

1. All forms of deception that distort data in the preparation of files to calculate classification points, in the approval, review, and issuance of decisions on the classification of provincial and district administrative units, are strictly prohibited.

2. Organizations and individuals who violate Clause 1 of this Article shall be subject to legal proceedings under current laws depending on the nature and severity of the violation.

Chapter 4:

IMPLEMENTING PROVISIONS

Article 13. Effective Date

This Decree takes effect fifteen days after its publication in the Official Gazette; the Minister of Home Affairs shall provide guidance for the implementation of this Decree.

Article 14. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government agencies, and Chairpersons of provincial and centrally-administered city People's Committees are responsible for implementing this Decree./.