Decree No. 159/2005/NĐ-CP On Classification of Commune-level Administrative Units (Communes, Wards, Towns)

DECREE:

Chapter 1:

GENERAL PROVISIONS

Article 1. Object and Scope of Regulation

This Decree stipulates the purpose, principles, methods, authority, and procedures for classifying administrative units at the commune level (hereinafter referred to as commune-level administrative units).

Article 2. Purpose of Classifying Commune-Level Administrative Units

1. To serve as a basis for the State to develop economic and social policies, contributing to ensuring the stability of commune-level administrative units and enhancing the effectiveness of state management by grassroots authorities.

2. To serve as a basis for determining the number of specialized and non-specialized civil servants; the number of members of the People's Committee; and supplementing reasonable systems and policies for commune-level civil servants.

Article 3. Principles of Classifying Commune-Level Administrative Units

The classification of commune-level administrative units must ensure consistency and scientific accuracy.

Chapter 2:

METHODS, AUTHORITY AND PROCEDURES FOR CLASSIFYING COMMUNE-LEVEL ADMINISTRATIVE UNITS

Article 4. Types and Criteria for Classifying Commune-Level Administrative Units

1. Communes, wards, and towns are classified into three types of administrative units as follows:

a) Type 1 communes, wards, and towns;

b) Type 2 communes, wards, and towns;

c) Type 3 communes, wards, and towns.

2. Communes, wards, and towns located in border areas and islands are classified as type 1 commune-level administrative units.

3. Classification criteria:

a) Population;

b) Area;

c) Special factors.

Article 5. Method of Scoring

1. For mountainous, highland, remote, and far-flung communes.

a) Regarding population:

A commune with a population under 1,000 residents scores 45 points; a commune with a population from 1,000 to 5,000 residents scores an additional 12 points for each additional 1,000 residents, ranging from 46 to 93 points; a commune with more than 5,000 residents scores an additional 11 points for each additional 1,000 residents, ranging from 94 to a maximum of 200 points.

b) Regarding area:

A commune with an area under 1,000 hectares scores 30 points; a commune with an area from 1,000 to 3,000 hectares scores an additional 10 points for each additional 1,000 hectares, ranging from 31 to 50 points; a commune with an area over 3,000 hectares scores an additional 9 points for each additional 1,000 hectares, ranging from 51 to a maximum of 100 points.

c) Special factors:

A commune in Zone I scores 10 points; a commune in Zone II scores 15 points; a commune in Zone III scores 20 points; a particularly difficult commune and a safe zone commune (ATK) scores 20 points;

A commune where the proportion of ethnic minority population is from 30 to 50% of the total population scores 10 points, and over 50% scores 15 points;

A commune where the proportion of religious followers is from 30 to 50% of the total population scores 10 points, and over 50% scores 15 points.

2. For plain communes

a) Regarding population:

A commune with a population under 2,000 residents scores 45 points; a commune with a population from 2,000 to 8,000 residents scores an additional 11 points for each additional 1,000 residents, ranging from 46 to 111 points; a commune with a population over 8,000 residents scores an additional 10 points for each additional 1,000 residents, ranging from 112 to a maximum of 200 points.

b) Regarding area:

A commune with an area under 500 hectares scores 30 points; a commune with an area from 500 to 2,500 hectares scores an additional 11 points for each additional 1,000 hectares, ranging from 31 to 52 points; a commune with an area over 2,500 hectares scores an additional 10 points for each additional 1,000 hectares, ranging from 53 to a maximum of 100 points.

c) Special factors:

A particularly difficult commune in coastal areas and a safe zone commune (ATK) scores 20 points;

A commune where the proportion of agricultural, forestry, fishery, and salt industry workers is less than or equal to 45% of the total workforce scores 10 points;

A commune where the average annual revenue collected on the territory (averaged over the last three years) reaches 100% of the plan scores 5 points, and an additional 2 points for every additional 10% up to a maximum of 15 points.

A commune where the proportion of religious followers is from 30 to 50% of the total population scores 10 points, and over 50% scores 15 points.

3. For wards and towns

a) Regarding population:

A ward or town with a population under 3,000 residents scores 45 points; a ward or town with a population from 3,000 to 10,000 residents scores an additional 10 points for each additional 1,000 residents, ranging from 46 to 115 points; a ward or town with a population over 10,000 residents scores an additional 9 points for each additional 1,000 residents, ranging from 116 to a maximum of 200 points.

b) Regarding area:

A ward or town with an area under 500 hectares scores 30 points; a ward or town with an area from 500 to 2,000 hectares scores an additional 10 points for each additional 500 hectares, ranging from 31 to 60 points; a ward or town with an area over 2,000 hectares scores an additional 8 points for each additional 500 hectares, ranging from 61 to a maximum of 100 points.

c) Special factors:

A mountainous, highland, remote, and far-flung ward or town and a safe zone (ATK) scores 20 points;

A ward in a special-class city scores 20 points, a ward in a first-class city scores 15 points; a ward in a second-class city scores 10 points; a third-class city ward scores 8 points, and a fourth-class city ward scores 5 points; a town that serves as the district capital scores 10 points;

A ward or town where the average annual revenue collected on the territory (averaged over the last three years) reaches 100% of the plan scores 5 points, and an additional 2 points for every additional 10% up to a maximum of 15 points;

A ward or town where the proportion of religious followers is from 30 to 50% of the total population scores 10 points, and over 50% scores 15 points.

Article 6. Score Range for Classifying Commune-Level Administrative Units

1. Points assigned for each criterion specified in Article 5 of this Decree.

2. Points for classifying each commune-level administrative unit based on the total score of all criteria.

3. The classification of commune-level administrative units is based on the following score range:

a) Type 1 communes, wards, and towns have 221 points or more;

b) Type 2 communes, wards, and towns have from 141 to 220 points;

c) Type 3 communes, wards, and towns have 140 points or less.

Article 7. Authority and Procedures for Classifying Commune-Level Administrative Units

1. The Chairman of the People's Committee of the province or centrally governed municipality (hereinafter collectively referred to as provincial level) decides on the classification of commune-level administrative units.

2. Procedures and formalities for classification:

a) The People's Committee of the commune, ward, or town (hereinafter collectively referred to as commune level) submits the initial dossier to the People's Committee of the district, county, or town directly under the province (hereinafter collectively referred to as district level), including: extracts of the administrative boundary map; population statistics; and documents regarding special factors.

b) The People's Committee at the district level prepares a proposal for approval by the People's Council at the same level.

c) After the resolution approving the classification of administrative units at the commune level is passed by the People's Council at the same level, the People's Committee at the district level shall submit to the Chairman of the People's Committee at the provincial level for consideration and decision on the classification of administrative units at the commune level.

Article 8. Adjustment of the Classification of Administrative Units at the Commune Level

1. Five years after the effective date of the decision on the classification of administrative units at the commune level, the Chairman of the People's Committee at the provincial level shall conduct a review and make a decision to adjust the classification of administrative units at the commune level.

In cases of significant changes in population or area, the Chairman of the People's Committee at the provincial level shall issue a decision to adjust the classification.

The adjustment of the classification shall be based on the provisions set forth in Article 6 and Article 7 of this Decree.

2. Administrative units at the commune level, after being adjusted in their territorial boundaries according to the decision of the competent authority, must be classified in accordance with the provisions of this Decree.

Chapter 3:

HANDLING VIOLATIONS

Article 9. Handling Violations

Organizations and individuals who falsify records or documents during the process of compiling data for classification criteria or violate the provisions of this Decree shall be dealt with according to current laws depending on the nature and severity of the violation.

Chapter 4:

IMPLEMENTING PROVISIONS

Article 10. Effectiveness

This Decree shall take effect fifteen days after its publication in the Official Gazette.

All previous regulations that conflict with this regulation are hereby abolished.

Article 11. Responsibility for Implementation

The Minister of Interior shall be responsible for guiding, monitoring, and inspecting the implementation of this Decree.

Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairpersons of provincial and municipal People's Committees directly under the Central Government are responsible for implementing this Decree./.