Decree No. 322/2025/NĐ-CP stipulates the tasks, powers, organization, and operation of the People's Committee, Chairman of the People's Committee, specialized agencies, and other administrative organizations under the People's Committee of the special economic zone in special cases.

 

DECREE

Regulations on the tasks, powers, organization, and operation of the People's Committee, Chairman of the People's Committee, specialized agencies, and other administrative organizations under the People's Committee of the special economic zone in special cases people, Chairman of the People's Committee, specialized agencies, organizations pursuant to Article 28 of the Law on Local Administration Organization No. 72/2025/QH15;

On the basis of 61/2014/QH13;

On the basis of The Government issues this Decree to regulate the tasks, powers, organization, and operation of the People's Committee, Chairman of the People's Committee, specialized agencies, and other administrative organizations under the People's Committee of the special economic zone in special cases.

||| Based on the proposal of the Minister of Home Affairs;

This Decree regulates the tasks, powers, organization, and operation of the People's Committee, Chairman of the People's Committee, specialized agencies, and other administrative organizations under the People's Committee of the special economic zone in special cases (hereinafter referred to as the special economic zone) as stipulated in Article 28 of the Law on Local Administration Organization.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 2. Working relationship between the People's Committee of the special economic zone and the Provincial People's Council

1. The People's Committee of the special economic zone is subject to supervision by the Provincial People's Council in its activities, in compliance with the Constitution, laws, and implementation of resolutions of the Provincial People's Council.

2. Annually, the People's Committee of the special economic zone reports on the results of its activities to the Provincial People's Council or reports urgently upon request of the Provincial People's Council. The Chairman of the People's Committee of the special economic zone is responsible for explaining related issues before the Provincial People's Council when requested.

Article 3. Working relationship between the People's Committee, Chairman of the People's Committee of the special economic zone and the Provincial People's Committee, Chairman of the Provincial People's Committee

1. The People's Committee of the special economic zone is subject to direct leadership and guidance by the Provincial People's Committee; implements the reporting system with the Provincial People's Committee as prescribed.

2. The Chairman of the People's Committee of the special economic zone is subject to direct leadership and guidance by the Chairman of the Provincial People's Committee. In case of issues exceeding authority, the Chairman of the People's Committee of the special economic zone must report in writing or by other appropriate means to seek instructions from the Chairman of the Provincial People's Committee, except as provided in Clause 2 of Article 7 of this Decree. The Chairman of the Provincial People's Committee must provide instructions within a period not exceeding five working days from the date of receipt of the content seeking instructions from the Chairman of the People's Committee of the special economic zone.

Article 4. Working relationship between the People's Committee of the special economic zone, Chairman of the People's Committee of the special economic zone and the Special Zone Party Committee

The People's Committee of the special economic zone, Chairman of the People's Committee of the special economic zone is subject to leadership by the Special Zone Party Committee in implementing the tasks and powers of local administration in the special economic zone as prescribed by the Party and the law; the tasks and powers delegated and authorized by the provincial local administration.

Article 5. Working relationship between the People's Committee of the special economic zone and the Vietnam Fatherland Front Committee and political-social organizations in the special economic zone

1. The People's Committee of the special economic zone collaborates and leverages the role of the Vietnam Fatherland Front Committee and political-social organizations in the special economic zone in promoting propaganda and mobilizing the people to participate in building and consolidating the people's administration, organizing the implementation of policies and laws in the area, supervising and providing social feedback on the activities of the local administration in the special economic zone.

2. The Chairman of the Vietnam Fatherland Front Committee and the heads of political-social organizations in the special economic zone are invited to attend meetings of the People's Committee of the special economic zone when discussing related issues.

3. The People's Committee of the special economic zone implements the system of informing the situation of the locality to the Vietnam Fatherland Front Committee and political-social organizations in the special economic zone.

4. The People's Committee of the special economic zone has the responsibility to seek opinions of the Vietnam Fatherland Front Committee and political-social organizations in the special economic zone when drafting, promulgating, or implementing policies directly related to residents, ethnic groups, religions, social welfare, land, environment according to the law; receiving, handling, and responding to proposals of the Vietnam Fatherland Front Committee and political-social organizations in the special economic zone participating in building the administration; receiving, handling, and responding to opinions and proposals of local residents compiled and transferred by the Vietnam Fatherland Front Committee in the special economic zone.

TASKS AND POWERS OF THE PEOPLE'S COMMITTEE OF THE SPECIAL ECONOMIC ZONE, CHAIRMAN OF THE PEOPLE'S COMMITTEE OF THE SPECIAL ECONOMIC ZONE

Chapter II
DUTIES AND POWERS OF THE PEOPLE'S COMMITTEE OF THE SPECIAL ECONOMIC ZONE, CHAIRMAN OF THE PEOPLE'S COMMITTEE OF THE SPECIAL ECONOMIC ZONE

Article 6. Duties and powers of the People's Committee of the Special Administrative Zone

The People's Committee of the Special Administrative Zone shall perform the duties and powers of the People's Committee of communes stipulated in Clauses 3, 5, 6, 7, 8, 9, and 10 of Article 22 of the Law on Organization of Local Administration, and the following duties and powers:

1. Perform the duties and powers of the budgetary unit directly under the provincial People's Committee as prescribed by the State Budget Law.

2. Decide on measures to ensure and organize the implementation of the Constitution, laws, and documents of higher-level state agencies within the Special Administrative Zone; ensure material conditions, human resources, and other necessary resources for the implementation of the Constitution and laws within the Special Administrative Zone.

3. Develop and submit to the provincial People's Committee for consideration and decision policies and measures to develop the economy and society, industries and sectors, private economic development, international economic integration, and breakthroughs in scientific and technological development, innovation, and digital transformation within the Special Administrative Zone as prescribed by law.

4. Decide on the five-year and annual socio-economic development plans of the Special Administrative Zone, and plans for the development of industries and sectors as prescribed by law.

5. Decide on the medium-term and annual public investment plans, and the policy on investment programs and projects within its jurisdiction as prescribed by the Public Investment Law; decide on measures to mobilize contributions from the people for the construction of infrastructure, transportation, public works, and welfare facilities within the Special Administrative Zone as prescribed by law; decide on programs and measures to support the development of household economies and production and business establishments within the Special Administrative Zone as prescribed by law.

6. Develop proposals for establishing, dissolving, merging, dividing administrative units, adjusting boundaries, and renaming administrative units of the Special Administrative Zone for submission to competent authorities for consideration and decision.

7. Submit to the provincial People's Committee for consideration and decision matters concerning the establishment, reorganization, change of name, dissolution of specialized agencies, and other administrative organizations under the Special Administrative Zone People's Committee. Based on the staffing quota assigned by the provincial local government, decide specifically on the number of civil servants in the local government agencies of the Special Administrative Zone, and the number of personnel working with state-funded salaries in public service units within the Special Administrative Zone.

8. Decide on the establishment, reorganization, dissolution, naming, and renaming of villages and residential wards according to the law; specifically decide on the number of non-professional staff receiving allowances from the state budget within the Special Administrative Zone according to the regulations of the provincial local government.

9. Decide on measures, programs, and projects for the development of science, technology, information, innovation, and digital transformation within the Special Administrative Zone; measures for building digital local governments, digital economies, and digital societies within the Special Administrative Zone; measures to promote the application of technology, information, and digital transformation in the activities of the local government of the Special Administrative Zone and the provision of public services to residents and businesses within the Special Administrative Zone as prescribed by law.

10. Decide on measures for the effective management and utilization of land, water resources, forests, seas, environmental protection within the Special Administrative Zone according to planning, plans, and legal provisions; measures for implementing disaster prevention and control, disease prevention tasks within the Special Administrative Zone; measures for developing agriculture, rural areas, forestry, fisheries, industry, trade, services, tourism, construction, and transportation; measures for implementing new rural construction within the Special Administrative Zone.

11. Decide on measures for the development of preschool, primary, and junior secondary education; initial health care for the people; cultural, social, physical education, and sports development within the Special Administrative Zone as prescribed by law; measures for implementing social security policies, sustainable poverty reduction, employment solutions, child protection, elderly care, disability care, and other policy beneficiaries within the Special Administrative Zone as prescribed by law.

12. Decide on measures to ensure the implementation of national defense, security tasks, maintaining social order and safety, and building civilian self-defense forces and reserve forces within the Special Administrative Zone as prescribed by law.

13. Decide on measures to implement ethnic and religious policies; maintain and promote the cultural identity of ethnic minorities and religious followers within the Special Administrative Zone as prescribed by law.

14. Decide on tasks assigned by law to be decided or approved by the People's Council at the commune level; submit to competent authorities for consideration for tasks assigned by law to be approved by the People's Council at the commune level before submitting to competent authorities for decision, except where otherwise provided by law.

Article 7. Duties and powers of the Chairman of the People's Committee of the Special Administrative Region

The Chairman of the People's Committee of the Special Administrative Region shall perform the duties and powers of the Chairman of the People's Committee of communes stipulated in Clauses 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 17 of Article 23 of the Law on the Organization of Local Administration, and the following duties and powers:

1. Leading and directing the implementation of tasks to enforce the Constitution, laws, and documents of higher state agencies and the People's Committee of the Special Administrative Region; inspecting and handling violations during the process of implementing the Constitution and laws within the region.

2. Deciding to apply urgent measures prescribed by law or exceeding authority in cases of genuine necessity for national interests, ensuring maritime sovereignty security, preventing and combating natural disasters and epidemics, and safeguarding the lives and property of people in the Special Administrative Region, then reporting to the competent authority of the Party and the Chairman of the People's Committee of the province at the earliest time.

3. Representing the People's Committee of the Special Administrative Region to decide matters within the jurisdiction of the People's Committee of the Special Administrative Region, except for the contents stipulated in Clause 2 of Article 11 of this Decree, and report to the People's Committee of the Special Administrative Region at the nearest meeting.

Chapter III
ORGANIZATION AND OPERATIONS OF THE PEOPLE'S COMMITTEE OF THE SPECIAL ADMINISTRATIVE REGION, DEPARTMENTAL AGENCIES, AND OTHER ADMINISTRATIVE ORGANIZATIONS UNDER THE PEOPLE'S COMMITTEE OF THE SPECIAL ADMINISTRATIVE REGION

Article 8. Principles of organization and operation of the People's Committee of the Special Administrative Region

1. The People's Committee of the Special Administrative Region operates under a collective decision-making system based on majority rule; while emphasizing the authority and responsibility of the Chairman of the People's Committee of the Special Administrative Region.

2. The People's Committee of the Special Administrative Region is strengthened in autonomy and self-responsibility, ensuring flexibility and proactive response when unexpected events occur, aiming to firmly protect national independence, sovereignty, territorial integrity in marine and island areas, and leverage economic potential of the sea of the Special Administrative Region.

3. The organizational structure of the People's Committee of the Special Administrative Region should be streamlined, efficient, effective, suitable to practical conditions, meeting the requirements of professional and modern local governance, applying science and technology and digital transformation in the organization and operations of the People's Committee of the Special Administrative Region.

4. Promote administrative reform, apply online public services in handling administrative procedures for individuals, organizations, and businesses in the Special Administrative Region according to the provisions of the law, ensuring that the activities of the People's Committee of the Special Administrative Region must truly be democratic, transparent, unified, and smooth.

5. The operations of the People's Committee of the Special Administrative Region must meet the satisfaction of the people, comply with the prescribed procedures and authorities, and follow the regulations of the law and the Rules of Procedure of the People's Committee of the Special Administrative Region.

Article 9. Organizational Structure of the People's Committee of the Special Administrative Region

1. The People's Committee of the Special Administrative Region consists of the Chairman, Vice Chairmen, and Members.

The Chairman, Vice Chairmen, and Members of the People's Committee of the Special Administrative Region are civil servants holding leadership and management positions in the People's Committee of the Special Administrative Region, except for cases where officers and professional military personnel from units under the Vietnam People's Army; officers and non-commissioned officers from units under the Vietnam People's Public Security hold the positions of Chairman, Vice Chairman, and Member of the People's Committee of the Special Administrative Region.

2. The specific number of Vice Chairmen and Members of the People's Committee of the Special Administrative Region is decided by the People's Committee of the province to ensure streamlining and suitability with the requirements of performing tasks and powers in the Special Administrative Region area, and in accordance with the Government's framework on the number of Vice Chairmen, the number, and structure of Members of the People's Committee.

3. The People's Committee of the Special Administrative Region may organize departmental agencies and other administrative organizations, or arrange specialized civil servants to advise and assist the People's Committee of the Special Administrative Region in managing state affairs in sectors and fields.

Article 10. Specialized agencies and other administrative organizations under the People's Committee of the special economic zone

1. In cases where there are specialized agencies and other administrative organizations under the People's Committee of the special economic zone, the People's Committee of the special economic zone may establish the Office of the People's Committee of the special economic zone; it may also establish an additional specialized department and the Public Service Center.

2. Based on the population size, natural area, socio-economic development conditions, and specific characteristics of the special economic zone, the provincial People's Committee with the following authority:

a) Decides specifically on the number, name, functions, organizational structure of specialized agencies under the People's Committee of the special economic zone to ensure efficiency, effectiveness, and suitability for management requirements in the special economic zone;

b) Decides to establish the Public Service Center as an administrative organization under the People's Committee of the special economic zone.

3. In cases where only the Office of the People's Committee of the special economic zone is established without establishing other specialized departments and the Public Service Center under the People's Committee of the special economic zone, the Office of the People's Committee of the special economic zone shall perform the functions and tasks of other specialized departments and the Public Service Center.

4. In cases where there are no specialized agencies and other administrative organizations under the People's Committee of the special economic zone, the People's Committee of the special economic zone decides on the arrangement of specialized civil servants to provide advice and assist the People's Committee of the special economic zone in state management over sectors and fields within its territory.

Article 11. Activities of the People's Committee of the special economic zone, specialized agencies, and other administrative organizations under the People's Committee of the special economic zone

1. The People's Committee of the special economic zone convenes regular meetings once a month and convenes specialized meetings or meetings to address urgent matters arising in the following situations:

a) As decided by the Chairman of the People's Committee of the special economic zone;

b) At the request of the Chairman of the provincial People's Committee;

c) At the request of at least one-third of the total number of members of the People's Committee of the special economic zone.

2. The People's Committee of the special economic zone discusses collectively and decides on the following contents:

a) Draft decisions of the People's Committee of the special economic zone as prescribed by the Law on Legislative Documents;

b) Contents stipulated in points b, c, d, e, clause 2, Article 40 of the Law on Organization of Local State Administration;

c) Contents stipulated in clauses 3, 6, 7, 8, Article 6 of this Decree.

3. Decisions of the People's Committee of the special economic zone must be approved by more than half of the total number of members of the People's Committee of the special economic zone. In case of equal votes, the decision follows the opinion of the Chairman of the People's Committee of the special economic zone. Voting can be conducted during the session of the People's Committee of the special economic zone, through ballots from members of the People's Committee of the special economic zone, or by other appropriate methods according to the Working Regulations of the People's Committee of the special economic zone.

4. Deputy Chairmen of the People's Committee of the special economic zone carry out tasks and powers assigned by the Chairman of the People's Committee of the special economic zone according to their areas of work; they are individually responsible before the Chairman of the People's Committee of the special economic zone and the law regarding decisions within their assigned areas of power.

When the Chairman of the People's Committee of the special economic zone is absent, one Deputy Chairman of the People's Committee of the special economic zone designated by the Chairman of the People's Committee of the special economic zone shall act on behalf of the Chairman of the People's Committee of the special economic zone to lead the work of the People's Committee of the special economic zone.

5. Members of the People's Committee of the special economic zone carry out specific tasks and duties according to sectors and fields assigned by the People's Committee of the special economic zone, the Chairman of the People's Committee of the special economic zone; participate in resolving common tasks and duties of the collective of the People's Committee of the special economic zone; together with the collective of the People's Committee of the special economic zone decide and jointly bear responsibility for the contents stipulated in clause 2 of this Article.

6. The activities of specialized agencies and other administrative organizations under the People's Committee of the special economic zone shall be carried out in accordance with the Government's regulations on organizing specialized agencies under the People's Committee of communes, implementing administrative procedures under the one-stop-shop mechanism; the Working Regulations of the People's Committee of the special economic zone, and other relevant laws.

In cases where there are no specialized agencies and other administrative organizations under the People's Committee of the special economic zone, the activities of specialized civil servants providing advice and assisting the People's Committee of the special economic zone in state management over sectors and fields within its territory shall be carried out in accordance with the Working Regulations of the People's Committee of the special economic zone and other relevant laws.

Article 12. Competence, procedure, and process for appointing, transferring, rotating, assigning, relieving from duty, and temporarily suspending work for the Chairman, Vice Chairmen, and Members of the People's Committee of the Special Administrative-Economic Zone

1. The Chairman of the Provincial People's Committee decides on the appointment, transfer, rotation, assignment, relief from duty, and temporary suspension of work for the Chairman of the People's Committee of the Special Administrative-Economic Zone based on the proposal of the Director of the Department of Home Affairs.

2. The Chairman of the Provincial People's Committee decides on the appointment, transfer, rotation, and assignment of the Vice Chairmen and Members of the People's Committee of the Special Administrative-Economic Zone based on the proposal of the Chairman of the People's Committee of the Special Administrative-Economic Zone. The Chairman of the People's Committee of the Special Administrative-Economic Zone decides on the temporary suspension of work for the Vice Chairmen and Members of the People's Committee of the Special Administrative-Economic Zone.

3. The procedures and processes for appointing, transferring, rotating, assigning, relieving from duty, and temporarily suspending work, as well as other related matters concerning personnel work for the Chairman, Vice Chairmen, and Members of the People's Committee of the Special Administrative-Economic Zone shall be carried out in accordance with the laws on cadres and civil servants and the decisions of the competent authority.

Article 13. Delegation of Authority to the Chairman of the People's Committee of the Special Administrative-Economic Zone

In case of vacancy of the Chairman of the People's Committee of the Special Administrative-Economic Zone, the Chairman of the Provincial People's Committee decides to delegate the authority of the Chairman of the People's Committee of the Special Administrative-Economic Zone based on the proposal of the Director of the Department of Home Affairs. The authority of the Chairman of the People's Committee of the Special Administrative-Economic Zone ceases to perform duties from the date of the decision to appoint the Chairman of the People's Committee of the Special Administrative-Economic Zone.

Article 14. Dialogue between the People's Committee of the Special Administrative-Economic Zone and the People

1. At least once a year or when at least 10% of the total number of voters in the Special Administrative-Economic Zone request it, or in cases deemed necessary, the People's Committee of the Special Administrative-Economic Zone organizes meetings for dialogue with the people through direct, online, combined direct and online, or social media platforms operating legally according to the law to exchange information about the operation of local authorities and issues related to the rights and obligations of citizens in the locality. If organizing a meeting for dialogue in a direct form, exchanges and dialogues with the people can be conducted separately by island or community if the geographical distance is too far.

2. The People's Committee of the Special Administrative-Economic Zone has the responsibility to coordinate with the Vietnam Fatherland Front Committee at the same level to organize the dialogue meetings as stipulated in Clause 1 of this Article; invite representatives of the Party Committee at the same level to participate in the dialogue meetings and must announce on mass media or other appropriate forms about the time, place, content, and method of participating in the dialogue meetings with the people at least seven days before the meeting.

3. The results of the dialogue meetings with the people must be announced to the people by the People's Committee of the Special Administrative-Economic Zone through mass media, posted at the headquarters of the People's Committee of the Special Administrative-Economic Zone, sent to the Heads of Villages, Heads of Ward People's Groups within the area, or other appropriate forms, and reported to the Provincial People's Committee within ten days from the date of the meeting.

Chapter IV
IMPLEMENTING PROVISIONS

Article 15. Effective Date

This Decree takes effect from December 16, 2025.

Article 16. Transitional Provisions

1. The Chairmen, Vice Chairmen, and Members of the People's Committee of the Special Administrative-Economic Zone who have been designated by the competent authority according to regulations continue to perform their duties until the end of the term 2021-2026. In cases of vacancy or need to relieve from duty or temporarily suspend work for the Chairmen, Vice Chairmen, and Members of the People's Committee of the Special Administrative-Economic Zone who have been designated, the procedures for appointment, transfer, rotation, assignment, or relief from duty, and temporary suspension of work shall be implemented according to this Decree.

2. From the term 2026-2031 onwards, the procedures for appointing, transferring, rotating, assigning, relieving from duty, and temporarily suspending work for the Chairmen, Vice Chairmen, and Members of the People's Committee of the Special Administrative-Economic Zone shall be carried out according to this Decree.

Article 17. Responsibility for Implementation

1. For special zones with very few or no residents, the Provincial People's Committee bases its decision on this Decree to determine the organizational structure and operations of the People's Committee of the Special Administrative-Economic Zone to suit the actual situation in order to firmly protect national independence, sovereignty, territorial integrity in maritime and island areas, leverage economic potential and integrate into the international economy, ensure attraction of residents, and protect and develop maritime and island areas.

2. The Ministers, Heads of ministerial-level agencies, Chairmen of the People's Councils, Chairmen of the People's Committees of centrally governed cities, People's Committees, Chairmen of the People's Committees of the Special Administrative-Economic Zones, relevant agencies, organizations, and individuals are responsible for implementing this Decree.