Directive No. 30/2003/CT-TTg On directing the organization to implement the division and adjustment of administrative boundaries of Lai Chau, Dak Lak, Can Tho, and Lao Cai provinces

DIRECTIVE

Regarding the guidance on organizing the implementation of dividing provinces and adjusting administrative boundaries of Lai Chau, Dak Lak, Can Tho, and Lao Cai provinces

The National Assembly, at its fourth session of the eleventh term, issued a Resolution regarding the division and adjustment of administrative boundaries of Lai Chau, Dak Lak, Can Tho, and Lao Cai provinces.

To implement the National Assembly's Resolution and ensure that the division and adjustment of administrative boundaries proceed swiftly and timely to meet immediate and long-term requirements and tasks, the Prime Minister requests the Ministers, Heads of ministerial-level agencies, and provincial People's Committees of Lai Chau, Dak Lak, Can Tho, and Lao Cai provinces to fulfill the following tasks well:

1. Fully understand the objectives and requirements for implementing the division of provinces and adjustment of administrative boundaries in accordance with the provisions of the law.

The division of provinces aims to create conditions for localities to enhance the effectiveness of state management, ensure political security and social order, motivate cadres and people to unite and enthusiastically implement the Ninth National Party Congress Resolution and continue the industrialization and modernization of the country and administrative reform.

Therefore, the organization of implementation must ensure the following requirements:

- Provinces subject to division and adjustment of administrative boundaries must consider this as their top priority task, concentrate on its implementation; while ensuring the normal operation of all agencies, organizations, and units in these localities before, during, and after the division of provinces, especially in terms of political security, social order, economic and social tasks, and caring for the people's livelihood.

- All matters related to the division of provinces must be conducted democratically, transparently, and clearly, ensuring unity and avoiding local parochialism; at the same time, promoting the spirit of mutual assistance and overcoming difficulties among cadres and people in the old province and new provinces, with the direction that the province with better conditions supports and assists the province with more difficulties in terms of infrastructure, material resources, and cadres, so that all provinces after division can quickly stabilize and operate normally and develop together.

- Provinces shall establish a Steering Committee for Provincial Division chaired by the Chairman of the Provincial People's Committee to develop plans for asset and financial distribution; construction of new provincial headquarters; organizational restructuring, personnel arrangement, and cadre mobilization; and clearly define the administrative boundaries between provinces before proceeding with the division. These plans must be discussed, agreed upon, and closely directed by the Party Committee.

- Economize in expenditures and use local and central resources effectively in building infrastructure and ensuring working conditions in provinces after division.

2. To implement the division of provinces and adjustment of administrative boundaries well, it is necessary to perform the following tasks:

a) On ideological work:

Organize the dissemination of the spirit of Directive No. 33/CT-TW dated December 22, 2003 of the Politburo, the National Assembly's Resolution, and this Directive of the Prime Minister to unify understanding and implement the requirements set forth during the provincial division process correctly, avoiding deviations and parochialism in implementation; while paying attention and doing well ideological work for cadres and people in localities preparing to transfer to the new province.

b) On organizational structure work:

Firmly grasp the requirements of administrative reform to build organizational structures and cadres in the new province suitable to specific circumstances and functions, responsibilities, and management objects; ensuring that the organizational structure in the new province is streamlined and effective; it is not necessarily required that every department or agency present in the old province must also exist in the new province.

- For agencies and organizations that require complete infrastructure, equipment, and cadre structure to function, careful consideration should be given when dividing them; depending on specific circumstances, they may continue to operate in the old province and serve both provinces initially (decided by the Provincial Division Steering Committee).

- For specialized agencies under the People's Committee, when reorganizing, closely follow the content of Decree No. 12/2001/NĐ-CP dated March 27, 2001 on the restructuring of some specialized agencies under provincial and centrally-administered city People's Committees and district, county, town, and centrally-administered city People's Committees.

- Do not divide production and business organizations; if a province has production and business bases operating within its territory, maintain their organization and personnel to operate normally.

- Regarding the organization and operation of representative bodies and representatives in provinces after division, they must be implemented according to the Law on Organization of People's Councils and People's Committees and the Law on Election of People's Council Deputies, and guided by the Standing Committee of the National Assembly.

c) On cadre work:

The assignment and placement of cadres and civil servants in new administrative units must be based on job requirements, personal wishes, and specific circumstances of each cadre; however, it must ensure parity in quantity and quality of cadres among provinces after division, particularly focusing on adequately staffing leaders and professionals in new provinces to meet job requirements.

- Ensure democracy, transparency, and adhere to the principle of democratic centralism in cadre appointment, assignment, and mobilization; ensuring that each province has capable cadres to undertake assigned tasks after division.

- Determining the establishment quota for each province will be carried out based on the current quota of the old province; minimize additional administrative establishment; do not transfer cadres from the business and service sectors to the administrative management sector.

- State cadres and civil servants, especially leaders, need to enhance their sense of organizational discipline and comply with the decisions on mobilization and assignment made by competent authorities in cadre management.

- Authorities, organizations, units subject to division shall have plans for mutual support and assistance in material and spiritual terms for cadres, civil servants, and public officials transferred to work in newly established provinces with many difficulties, creating conditions for cadres and civil servants to quickly stabilize and feel secure in their new positions.

The Minister of Interior shall be responsible for timely guiding provincial People's Committees to implement the division plan and reorganize administrative organizational structures and staffing of provinces after division.

d) Regarding asset distribution, capital, and budget:

The distribution of assets, capital between agencies and units and the 2004 budget distribution must be carried out in accordance with the provisions of the law and the guidance of the Ministry of Finance.

- Assets and capital of agencies, organizations, and units within the province are state assets at the local level, therefore, the asset and capital distribution plan must be discussed collectively, democratically, and transparently, ensuring that all economic and social activities are not disrupted after the division of the province. Asset and budget distribution must ensure the principle of prioritizing provinces that need to move to new locations, avoiding mechanical distribution of assets, capital, and budgets; while strictly monitoring to prevent wastage, embezzlement, and loss of state and people's assets.

- The Steering Committee for Provincial Division shall allocate the 2004 budget estimate for the new provinces based on the approved budget estimate by the National Assembly and the revenue and expenditure tasks for the 2004 budget assigned by the Prime Minister, ensuring alignment with the assigned revenue levels and expenditure tasks; simultaneously determining the supplementary budget needed, promptly reporting to the Ministry of Finance and the Ministry of Planning and Investment to submit the revenue and expenditure tasks for the 2004 budget to the Prime Minister for assignment to each new province.

- The Minister of Finance shall be responsible for directing and providing specific guidance to the provinces undergoing division to properly carry out asset and budget distribution, ensuring that all activities of the new province quickly stabilize and develop.

đ) Construction of workplaces for new provinces:

Provinces subject to division need to establish working groups to prepare workplaces and organize the relocation of agencies, organizations, and units to the new provincial capitals.

- For provinces moving to new locations, based on the actual situation in each locality, it is necessary to utilize and renovate existing facilities so that transferring agencies can immediately start working under minimum conditions.

- For provinces remaining in the old provincial capital, it is necessary to mobilize local government budgets and seek assistance from central sectors to help the new province build infrastructure and quickly stabilize workplaces.

- The Minister of Construction shall be responsible for directing research, surveying, and planning city infrastructure for the new provinces divided to enable the provinces to quickly stabilize their material and infrastructure bases.

e) Regarding the administrative boundaries of new provinces:

The delineation of administrative boundaries between new provinces must be carried out in accordance with the contents of the National Assembly Resolution, relevant laws, and the guidance of competent authorities.

- The Ministry of Interior shall take the lead and coordinate with related ministries and sectors to guide provinces in redetermining the administrative boundary lines between two provinces, drafting records describing the administrative boundary lines, determining the location of boundary markers, and compiling files and maps of the new provincial administrative boundaries in accordance with the law.

3) Implementation organization

Provincial division work is a key task for localities and related ministries and sectors, therefore, strict direction must be concentrated on each stage and task in accordance with legal procedures and directives from the Politburo.

Ministers, heads of ministerial-level agencies, and government-affiliated agencies need to assign a leader and some experienced specialists to monitor and assist the divided provinces in building organizations and providing professional guidance to enable specialized agencies to help provincial People's Committees quickly stabilize and operate in a coordinated manner according to the new province.

Chairpersons of provincial People's Committees are responsible before the Government and the Prime Minister for implementing the provincial division; based on the content of this Directive, they shall lead the completion of all aspects of work without deviation or negative effects, ensuring compliance with the timeframes stipulated by the Central Committee.

During implementation, Chairpersons of People's Councils and People's Committees shall report to the Prime Minister and related ministries and sectors on progress and emerging issues for timely consideration and guidance.