Resolution No. 27/2022/UBTVQH15 Amending and Supplementing Certain Articles of Resolution No. 1211/2016/UBTVQH13 dated May 25, 2016 of the Standing Committee of the National Assembly on the criteria for administrative units and classification of administrative units

RESOLUTION

AMENDMENTS AND SUPPLEMENTS TO CERTAIN ARTICLES OF DECISION NO. 1211/2016/UBTVQH13 DATED MAY 25, 2016 OF THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY ON CRITERIA FOR ADMINISTRATIVE UNITS AND CLASSIFICATION OF ADMINISTRATIVE UNITS

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THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY

On the basis of the Constitution of the Socialist Republic of Vietnam;

BASED ON THE LAW ON THE ORGANIZATION OF THE NATIONAL ASSEMBLY NO. 57/2014/QH13, AS AMENDED BY SOME ARTICLES IN LAW NO. 65/2020/QH14;

Pursuant to the Law on Organization of Local Administration No. 77/2015/QH13, as amended and supplemented by Law No. 21/2017/QH14 and Law No. 47/2019/QH14;

RESOLUTION:

Article 1. Amendments and supplements to certain articles of Decision No. 1211/2016/UBTVQH13 dated May 25, 2016 of the Standing Committee of the National Assembly on criteria for administrative units and classification of administrative units

1. Amend and supplement Clause 3 of Article 1 as follows:

"3. The number of directly subordinate administrative units at the district level shall be nine or more, including at least one city or one town."

2. Amending and supplementing Clause 3, Article 2 as follows:

"3. The number of directly subordinate administrative units at the commune level shall be thirteen or more, including at least one town."

3. Supplement Point 3a following Point 3 as follows:

"Point 3a. Criteria for rural administrative units with special characteristics

1. For rural administrative units where 30% of the population are ethnic minorities in mountainous areas, highlands, or border regions, the minimum standard for population size shall be 50% of the standard prescribed for corresponding rural administrative units; for every additional 10% of the population being ethnic minorities, there shall be an additional reduction of 5%, but the minimum must reach 20% of the standard prescribed for corresponding rural administrative units; other criteria shall be implemented according to the provisions of this Section.

2. For particularly difficult communes in coastal and riverine areas confirmed by competent authorities, the minimum standard for population size shall be 50% of the standard prescribed at point b, Clause 1, Article 3 of this Decision; other criteria shall be implemented according to the provisions of this Section.

3. For rural administrative units in the Red River Delta region, the minimum standard for natural area size shall be 70% of the standard prescribed for corresponding rural administrative units; other criteria shall be implemented according to the provisions of this Section.

4. For rural administrative units with multiple special characteristics, each criterion can only apply a reduction corresponding to one special characteristic as stipulated in Clauses 1, 2, and 3 of this Article."

4. Amending and supplementing some clauses of Article 4 as follows:

a) Amend and supplement Clause 1 as follows:

"1. Population size from one million people or more;"

b) Amend and supplement Clause 3 as follows:

"3. Directly subordinate administrative units:

a) The number of directly subordinate administrative units at the district level shall be nine or more;

b) The ratio of the number of districts, towns, and cities directly subordinate to the total number of administrative units at the district level shall be sixty percent or more, including at least two districts."

5. Amend and supplement certain clauses of Article 7 as follows:

a) To amend and supplement Clause 3 as follows:

"3. The number of directly subordinate wards shall be ten or more;"

b) Amend and supplement Clause 5 as follows:

"5. The urban infrastructure system shall meet the standards for the level of development of urban infrastructure as prescribed in Table 2B of Appendix 2 of Decision No. 1210/2016/UBTVQH13 dated May 25, 2016 on the classification of urban areas, which has been amended and supplemented by certain articles pursuant to Decision No. 26/2022/UBTVQH15 dated September 21, 2022 of the Standing Committee of the National Assembly (hereinafter referred to collectively as the Decision of the Standing Committee of the National Assembly on the classification of urban areas).

In cases where a district is established, there must be a decision by the competent authority recognizing that the area proposed for establishment of the district meets the standards prescribed in this clause."

6. Amend and supplement Clause 4 of Article 8 as follows:

"4. The urban infrastructure system shall meet the standards for the level of development of urban infrastructure as prescribed in Table 2A of Appendix 2 of the Decision of the Standing Committee of the National Assembly on the classification of urban areas.

In cases where a ward is established, there must be a decision by the competent authority recognizing that the area proposed for establishment of the ward meets the standards prescribed in this clause."

7. Supplement Article 9a following Article 9 as follows:

"Article 9a. Criteria for urban administrative units with special characteristics

1. For urban administrative units in mountainous areas, highlands, or border regions, the minimum standard for population size shall be 50%, and the minimum standard for economic and social structure and development level shall be 70% of the standard prescribed for corresponding urban administrative units; other criteria shall be implemented according to the provisions of this Section.

2. Central cities having the following two special characteristics shall have a minimum standard for population size and the ratio of the number of districts, towns, and cities directly subordinate to the total number of administrative units at the district level at 50% of the standard prescribed in Clause 1 and point b, Clause 3, Article 4 of this Decision; other criteria shall be implemented according to the provisions of this Section:

a) Having tangible cultural heritage recognized by the United Nations Educational, Scientific and Cultural Organization (UNESCO);

b) Identified as an international tourist center in a plan approved by the competent authority.

3. Urban administrative units at the district and commune levels having the following two special characteristics shall have a minimum standard for population size and the ratio of the number of wards to the total number of administrative units at the commune level (if applicable) at 50% of the standard prescribed for corresponding urban administrative units; other criteria shall be implemented according to the provisions of this Section:

a) Having tangible cultural heritage recognized by UNESCO or tangible cultural heritage ranked as a national special relic by the competent authority;

b) Identified or directly subordinate to an administrative unit identified as a national or international tourist center in a plan approved by the competent authority.

4. For urban administrative units with multiple special characteristics, each criterion can only apply a reduction corresponding to one special characteristic as stipulated in Clauses 1, 2, and 3 of this Article."

8. Abolishing Article 10.

9. Amend and supplement Article 11 as follows:

"Article 11. Criteria for administrative units in island areas

1. For rural administrative units in island areas, the minimum standard for population size, natural area size, and the number of directly subordinate administrative units (if applicable) shall be 20% of the standard prescribed for corresponding rural administrative units as stipulated in Section 1 of Chapter 1.

2. For urban administrative units in island areas, the minimum standard for population size, natural area size, the number of directly subordinate administrative units (if applicable), economic and social structure and development level shall be 20% of the standard prescribed for corresponding urban administrative units; other criteria shall be implemented according to the provisions of Section 2 of Chapter 1.

3. The provisions of Clause 1 or Clause 2 of this Article shall not be applied simultaneously with the provisions of Article 3a and Article 9a of this Decision."

10. Supplement certain clauses to Article 23 as follows:

a) Add Clause 1a after Clause 1 as follows:

"1a. In case the criteria specified in Sections 1 and 2 of this Chapter reach the level for additional points to be calculated, the additional points shall be calculated as a percentage of the difference from the level at which additional points are calculated for that criterion."

b) Add Clause 3a after Clause 3 as follows:

"3a. In cases where administrative units are not a budget level, points will not be counted for the budget revenue and expenditure balance criteria, and the total number of points for assessing the classification of administrative units as stipulated in Clauses 2 and 3 of this Article shall be reduced accordingly by 10 points."

11. Amend and supplement Clause 2 of Article 25 as follows:

"2. The population data in the administrative unit classification file shall be determined based on the permanent resident population of the year immediately preceding the year when the file is submitted to the competent authority and provided and confirmed by the competent public security agency."

Data on local government budget revenues and expenditures and economic growth rate shall be calculated based on the average statistical data of the three years immediately preceding the year when the file is submitted to the competent authority.

The data for evaluating the criteria of administrative unit classification is the data up to December 31 of the year immediately preceding the year when the file is submitted to the competent authority and provided, confirmed, or announced by the competent state agency.

12. Amend and supplement Clause 3 of Article 26 as follows:

"3. Within thirty days from the date of receiving complete administrative unit classification files sent by the provincial People's Committee, the Minister of Home Affairs shall decide to establish a review board and take the lead in coordinating with relevant central ministries and agencies to organize the review of the administrative unit classification files; take the lead in organizing surveys to serve the review of the administrative unit classification files."

13. Amend and supplement Clause 4 of Article 27 as follows:

"4. Within thirty days from the date of receiving complete administrative unit classification files sent by the provincial People's Committee, the Minister of Home Affairs shall decide to establish a review board and take the lead in coordinating with relevant central ministries and agencies to organize the review of the administrative unit classification files; take the lead in organizing surveys to serve the review of the administrative unit classification files."

14. Amend and supplement Clause 4 of Article 28 as follows:

"4. Within thirty days from the date of receiving complete administrative unit classification files sent by the district People's Committee, the Director of the Department of Home Affairs shall decide to establish a review board and take the lead in coordinating with relevant agencies to organize the review of the administrative unit classification files; take the lead in organizing surveys to serve the review of the administrative unit classification files."

15. Supplement Article 28a after Article 28 as follows:

"Article 28a. Files, procedures, and processes for classifying administrative units at the district and commune levels where the People's Council is not organized

1. The files for classifying administrative units at the district and commune levels where the People's Council is not organized include:

a) A report from the People's Committee;

b) An explanatory report evaluating the classification criteria of administrative units;

c) A table of statistics on criteria serving as the basis for determining the criteria;

d) A map identifying the location of the classified administrative unit;

đ) Documents from authorized agencies deciding or confirming special factors of the administrative unit.

2. Procedures and processes for classifying administrative units at the district and commune levels where the People's Council is not organized shall be carried out as follows:

a) For administrative units at the district level where the People's Council is not organized, the district People's Committee directs specialized agencies to prepare the classification file of their own unit and submit it to the provincial People's Committee. Remaining procedures shall be implemented according to the provisions of Clauses 2, 3, 4, and 5 of Article 27 of this Resolution;

b) For administrative units at the commune level where the People's Council is not organized, the commune People's Committee prepares the classification file of their own unit and submits it to the district People's Committee. Remaining procedures shall be implemented according to the provisions of Clauses 2, 3, 4, 5, and 6 of Article 28 of this Resolution."

16. Amend and supplement some clauses of Article 29 as follows:

"a) Amend and supplement Point e of Clause 1 as follows:"

"e) The annex accompanying the proposal includes tables of statistics on natural area and population size of directly related administrative units; tables of key socio-economic development indicators; current boundary maps of directly related administrative units and maps of proposed establishment, merger, division, and boundary adjustment plans; one documentary film (15 to 20 minutes long) about the location, current socio-economic development status, and infrastructure of the proposed establishment, merger, division, and boundary adjustment areas; a summary table of administrative unit standards; tables and lists of data confirmed by authorized authorities as the basis for determining administrative unit standards; urban classification proposal files; recognition files for achieving urban infrastructure development standards for areas planned to become districts or wards; documents from authorized agencies deciding or confirming special factors of the administrative unit (if any)."

b) Supplement Clause 1a, Clause 1b after Clause 1 as follows:

"1a. Indicators such as the ratio of non-agricultural labor force, average monthly income per capita compared to the national average, and the average economic growth rate over the last three years of urban administrative units in the proposal for establishing, merging, dividing, and adjusting administrative boundaries shall be determined according to the method prescribed in Appendix 3 of the Resolution of the Standing Committee of the National Assembly on urban classification.

Population data of administrative units in the proposal for establishing, merging, dividing, and adjusting administrative boundaries include permanent residents and temporary residents converted. Converted temporary resident data shall be determined according to the method prescribed in Appendix 3 of the Resolution of the Standing Committee of the National Assembly on urban classification. Population data for determining the population standard shall be provided and confirmed by the competent public security agency.

The data for evaluating the standards of administrative units in the project to establish, merge, divide, or adjust administrative boundaries shall be the data calculated up to December 31 of the year immediately preceding the year in which the project proposal is submitted to the competent authority for examination, and provided, confirmed, or announced by the competent state agency.

1b. For commune-level administrative units that do not organize People's Councils, the project proposals for establishment, dissolution, merger, division, or adjustment of administrative boundaries shall be submitted to the People's Councils of the province and district levels for their opinions. In cases where the district-level administrative units do not organize People's Councils, the project proposals for establishment, dissolution, merger, division, or adjustment of administrative boundaries shall be submitted to the People's Council of the province level for their opinions.

c) Amend and supplement Clause 2 of Article 29 as follows:

"2. Within thirty days from the date of receipt of complete project proposal files, the Minister of Home Affairs shall submit to the Prime Minister for a decision on establishing the review board for projects to establish, merge, divide, or adjust provincial administrative boundaries; deciding on the establishment of the review board and coordinating with relevant central agencies to organize the review of projects to establish, merge, divide, or adjust district and commune administrative boundaries; organizing surveys to serve the review of projects to establish, merge, divide, or adjust administrative boundaries."

17. Amend and supplement Article 31 as follows:

"Article 31. Application of the Resolution

1. The establishment, merger, division, or adjustment of administrative boundaries must ensure that the administrative units after establishment, merger, division, or adjustment of administrative boundaries meet the corresponding administrative unit standards specified in Chapter I of this Resolution, except for the following cases:

a) In the case of merging the entire natural area and population size of two or more rural administrative units of the same level into one rural administrative unit, or merging two or more wards into one ward, or merging two or more districts into one district, the standards set forth in Chapter I of this Resolution shall not apply;

b) In the case of merging the entire natural area and population size of two or more urban administrative units of the same level into one urban administrative unit, except for the case stipulated in point a of Clause 1 of this Article, the urban administrative unit after the merger must meet the city type standard (for centrally-administered cities, provincial cities, cities under centrally-administered cities, towns, and townships) or the urban infrastructure system standard (for districts and wards) prescribed for the corresponding urban administrative unit; other standards set forth in Section 2 of Chapter I of this Resolution shall not apply;

c) In the case of adjusting administrative boundaries or merging with the adjustment of administrative boundaries resulting in a reduction in the number of administrative units of the same level, the population size, natural area, and ratio of districts, towns, and centrally-administered cities to the total number of district-level administrative units (for centrally-administered cities), and the ratio of wards to the total number of commune-level administrative units (for provincial cities, cities under centrally-administered cities, and towns) of the administrative units after establishment, merger, or adjustment of administrative boundaries may be lower than the standards set forth in Chapter I of this Resolution but must reach at least 70% of the corresponding administrative unit standards; the standard regarding the number of subordinate administrative units prescribed in Clause 3 of Article 1, Clause 3 of Article 2, point a of Clause 3 of Articles 4, 5, and 6, and Clause 3 of Article 7 of this Resolution shall not apply; other standards shall be implemented according to the provisions of Chapter I of this Resolution;

d) In the case of establishing an urban administrative unit based on the status quo of one administrative unit of the same level or adjusting the administrative boundaries of administrative units to establish an urban administrative unit without changing the number of administrative units, the natural area of the administrative units after establishment or adjustment of administrative boundaries may be lower but must reach at least 50% of the corresponding administrative unit standards; the standard regarding the number of subordinate administrative units prescribed in Clause 3 of Article 1, Clause 3 of Article 2, point a of Clause 3 of Articles 4, 5, and 6, and Clause 3 of Article 7 of this Resolution shall not apply; other standards shall be implemented according to the provisions of Chapter I of this Resolution;

đ) In the case of establishing or adjusting the administrative boundaries of urban administrative units to preserve and promote the special historical value and tangible cultural heritage recognized by UNESCO, the administrative units after establishment or adjustment of administrative boundaries must meet the city type standard or the urban infrastructure system standard for the corresponding urban administrative unit; other standards may be lower but must reach at least 50% of the standards set forth in Chapter I of this Resolution and shall not simultaneously apply the reduction levels for special cases prescribed in Article 3a and Article 9a of this Resolution;

e) In cases where it is necessary to respond to special requirements for territorial management, national sovereignty protection, and economic and social development, the competent authority may decide to establish or adjust administrative boundaries without applying the standards set forth in Chapter I of this Resolution.

2. The application of the Resolution for the classification of administrative units shall be carried out as follows:

a) Administrative units classified before the effective date of this Resolution shall retain their original classification until they are reclassified according to the provisions of points b and c of this clause;

b) Within one year from the date on which the National Assembly's resolution or the Standing Committee of the National Assembly's resolution regarding the establishment, merger, division, or adjustment of administrative unit boundaries becomes effective, the relevant administrative units must be classified according to the provisions of this Resolution. During the period before classification is carried out, the administrative unit resulting from division shall be classified as Class III; the administrative unit resulting from merger shall be determined based on the highest class of the administrative unit prior to merger; the administrative unit resulting from boundary adjustment or established based on the status quo of one same-level administrative unit shall be determined based on the class of the administrative unit prior to boundary adjustment or establishment.

c) In cases where there is significant change in factors related to the criteria for determining the classification of administrative units, necessitating reclassification, such reclassification shall be conducted in accordance with the provisions of this Resolution.

18. Replace the phrase "poverty rate" with the phrase "multidimensional poverty rate" in point i, Clause 4, Article 12; point e, Clause 4, Article 13; point i, Clause 4, Article 15; point e, Clause 4, Article 16; point g, Clause 4, Article 17; point g, Clause 4, Article 18; point đ, Clause 3, Article 19; point đ, Clause 3, Article 20.

19. Replace Appendix 1 and Appendix 2 with the Appendix on the standard structure and level of socio-economic development issued together with this Resolution.

20. Replace the phrase "Appendix 1" with the phrase "Appendix" in Clause 5 of Articles 4, 5, and 6; Clause 4 of Article 7; Clause 3 of Article 8; replace the phrase "Appendix 2" with the phrase "Appendix" in Clause 4 of Article 9.

Article 2. Effective Date

This Resolution takes effect from January 1, 2023.

Article 3. Transitional Provisions

1. Proposals for the establishment, dissolution, merger, division, or adjustment of administrative unit boundaries that have been submitted by the Government to the Standing Committee of the National Assembly before the date this Resolution takes effect shall continue to apply the standards and follow the procedures for examination and approval as stipulated in Resolution No. 1211/2016/UBTVQH13.

2. For proposals for the establishment of districts and wards submitted after the date this Resolution takes effect, only the compliance with urban infrastructure system standards shall be reviewed and evaluated based on data and reports on the results of reviews of the level of urban infrastructure development in the areas intended for district and ward establishment, which were conducted within no more than two years prior to the date this Resolution takes effect.

This Resolution was adopted by the Standing Committee of the National Assembly of the Socialist Republic of Vietnam, Session XV, specialized legislative session in September 2022, on September 21, 2022.