Resolution No. 35/2023/UBTVQH15 on the reorganization of administrative units at the district and commune levels for the period 2023-2030

RESOLUTION

ON THE REORGANIZATION OF PROVINCE AND COMMUNE LEVEL ADMINISTRATIVE UNITS FOR THE PERIOD 2023-2030

THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY

Based on the Constitution of the Socialist Republic of Vietnam;

Pursuant to the Law on the Organization of the National Assembly No. 57/2014/QH13 amended and supplemented by Law No. 65/2020/QH14;

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

RESOLUTION:

PART I

GENERAL PROVISIONS

Article 1. Administrative units at the province and commune levels subject to reorganization during the period 2023-2030

1. The reorganization of administrative units at the province and commune levels as stipulated in this Resolution includes cases of establishment, merger, dissolution, and adjustment of territorial boundaries of provinces, districts, towns, cities under provinces, and cities under central municipalities (hereinafter referred to as province level), communes, wards, and towns (hereinafter referred to as commune level).

2. Administrative units at the province and commune levels subject to reorganization during the period 2023-2025 include:

a) Administrative units at the province and commune levels simultaneously having natural area and population size below 70% of the standards for corresponding administrative units prescribed in Resolution No. 1211/2016/UBTVQH13 dated May 25, 2016 of the Standing Committee of the National Assembly on the standards for administrative units and classification of administrative units which have been amended and supplemented by Resolution No. 27/2022/UBTVQH15 dated September 21, 2022 of the Standing Committee of the National Assembly (hereinafter referred to as the Resolution of the Standing Committee of the National Assembly on the standards for administrative units and classification of administrative units);

b) Administrative units at the province level simultaneously having natural area below 20% and population size below 200% of the standards for corresponding administrative units prescribed in the Resolution of the Standing Committee of the National Assembly on the standards for administrative units and classification of administrative units;

c) Administrative units at the commune level simultaneously having natural area below 20% and population size below 300% of the standards for corresponding administrative units prescribed in the Resolution of the Standing Committee of the National Assembly on the standards for administrative units and classification of administrative units.

3. Administrative units at the province and commune levels subject to reorganization during the period 2026-2030 include:

a) Administrative units at the province and commune levels simultaneously having natural area and population size below 100% of the standards for corresponding administrative units prescribed in the Resolution of the Standing Committee of the National Assembly on the standards for administrative units and classification of administrative units;

b) Administrative units at the province level simultaneously having natural area below 30% and population size below 200% of the standards for corresponding administrative units prescribed in the Resolution of the Standing Committee of the National Assembly on the standards for administrative units and classification of administrative units;

c) Administrative units at the commune level simultaneously having natural area below 30% and population size below 300% of the standards for corresponding administrative units prescribed in the Resolution of the Standing Committee of the National Assembly on the standards for administrative units and classification of administrative units.

4. Administrative units not falling within the scope of provisions of Clause 2 and Clause 3 of this Article are encouraged to implement reorganization in accordance with this Resolution to reduce the number and increase the scale of administrative units, address unreasonable issues regarding the demarcation of administrative unit boundaries due to geological and topographical changes or economic and social development, thereby facilitating state management at the local level.

Article 2. Principles for the Arrangement of District and Commune Administrative Units

1. Ensuring the leadership of the Party and strengthening the role of leadership and direction of the heads of agencies and organizations in implementing the arrangement of district and commune administrative units.

2. The arrangement of district and commune administrative units must comply with the Constitution, be carried out within the scope of authority, following the procedures and formalities prescribed in the Law on the Organization of Local Administration, this Resolution, and other relevant normative legal documents.

3. The arrangement of district and commune administrative units must ensure compatibility with provincial planning, rural planning, urban planning, or other related planning.

4. Paying attention and carefully considering special factors such as historical tradition, culture, ethnicity, religion, beliefs, customs, geographical location, natural conditions, community, requirements for national defense, security, public order, social safety, economic and social development.

5. Emphasizing and effectively conducting propaganda and mobilization work to gain people's consensus, support, and high unity regarding the policy of arranging district and commune administrative units; organizing public opinion polls in a transparent and lawful manner.

6. Linking the arrangement of district and commune administrative units with reform and arrangement of the organizational structure of the political system to be leaner, more effective in operation; implementing reduction in staffing, restructuring, and improving the quality of cadres, civil servants, public officials, and workers; resolving reasonable treatment policies for cadres, civil servants, public officials, and workers; implementing special support policies for district and commune administrative units after the arrangement has been implemented.

Article 3. Cases Not Mandating Administrative Unit Reorganization

1. District and commune administrative units subject to arrangement but having one of the following special factors shall not be required to undergo arrangement:

a) Having a separate position and difficulty in organizing convenient transportation connections with adjacent administrative units;

b) Having stable administrative boundaries that have not changed or been adjusted since 1945;

c) Having a significant position concerning national defense and security or unique characteristics in terms of historical tradition, culture, ethnicity, religion, beliefs, customs, and practices that would lead to instability in national defense, security, public order, and social safety if arranged with adjacent administrative units;

d) Rural administrative units subject to arrangement that have been approved by competent authorities to develop into urban administrative units during the period from 2023 to 2030, meeting the natural area and population size standards of urban administrative units as stipulated in the Resolution of the Standing Committee of the National Assembly on the standards of administrative units and classification of administrative units.

2. During the period from 2023 to 2025, it is not mandatory to arrange district and commune administrative units that were already arranged during the period from 2019 to 2021.

3. During the period from 2026 to 2030, it is not mandatory to arrange district and commune administrative units that were already arranged during the periods from 2019 to 2021 and from 2023 to 2025.

4. For cases specified in Clauses 1, 2, and 3 of this Article, if localities consider it necessary to arrange district and commune administrative units to organize them reasonably, the People's Committee of the province shall report this in the overall plan and the administrative unit arrangement project of the locality for submission to the competent authority for consideration.

Article 4. Standards for administrative units at the district and commune levels after restructuring

1. After restructuring administrative units at the district and commune levels, the administrative units formed after restructuring must meet the standards regarding natural area and population size as prescribed in the Resolution of the Standing Committee of the National Assembly on the standards for administrative units and classification of administrative units, except in cases where three or more administrative units of the same level are merged.

In cases where restructuring has been carried out with adjacent administrative units but due to special factors such as culture, ethnicity, religion, beliefs, customs, traditions, community, and natural geographical conditions, it is not possible to merge or adjust further with other administrative units of the same level, leading to the administrative unit formed after restructuring not meeting the standards for natural area and population size as prescribed, then the administrative unit after restructuring must meet one of the following conditions:

a) The administrative unit at the district or commune level must have a natural area or population size reaching 100% or more of the corresponding administrative unit's standard, and the remaining standard must reach 70% or more of the corresponding administrative unit's standard as prescribed in the Resolution of the Standing Committee of the National Assembly on the standards for administrative units and classification of administrative units;

b) The administrative unit at the district level must have a natural area reaching 30% or more of the corresponding administrative unit's standard and a population size reaching 200% or more of the corresponding administrative unit's standard as prescribed in the Resolution of the Standing Committee of the National Assembly on the standards for administrative units and classification of administrative units;

c) The administrative unit at the commune level must have a natural area reaching 30% or more of the corresponding administrative unit's standard and a population size reaching 300% or more of the corresponding administrative unit's standard as prescribed in the Resolution of the Standing Committee of the National Assembly on the standards for administrative units and classification of administrative units;

d) Other cases shall be decided by the Standing Committee of the National Assembly based on the proposal of the Government.

2. When restructuring administrative units at the district and commune levels results in a reduction in the number of administrative units, the standards for subordinate administrative units shall not apply to the district-level administrative units formed after restructuring.

3. Urban administrative units expected to be formed after restructuring must meet the standards regarding the structure and level of socio-economic development, type of city for cities, towns, or townships, or the level of urban infrastructure development for districts and wards as prescribed in the Resolution of the Standing Committee of the National Assembly on the standards for administrative units and classification of administrative units.

The scope of classification of cities for cities, towns, or townships expected to be formed after restructuring and the scope of evaluation of the level of urban infrastructure development for districts and wards expected to be formed after restructuring must be based on one of the following master plans: provincial master plan, rural master plan, urban master plan, or other related master plans.

Article 5. Sources of data on natural area and population size of administrative units at the district and commune levels for restructuring purposes

1. The natural area of administrative units at the district and commune levels is determined based on land statistics data published by the competent authority and confirmed by the provincial state management agency for natural resources and environment.

2. The population size of administrative units includes permanent residents and converted temporary residents provided by the competent public security authority and confirmed. The data on converted temporary residents is determined according to the method prescribed in Appendix 3 of Resolution No. 1210/2016/UBTVQH13 dated May 25, 2016 of the Standing Committee of the National Assembly on the classification of cities, which has been amended and supplemented by Resolution No. 26/2022/UBTVQH15 dated September 21, 2022 of the Standing Committee of the National Assembly (hereinafter referred to as the Resolution of the Standing Committee of the National Assembly on the classification of cities).

3. Data on natural area and population size serving as the basis for restructuring administrative units at the district and commune levels during the period from 2023 to 2025 is calculated up to December 31, 2022.

Data on natural area and population size serving as the basis for restructuring administrative units at the district and commune levels during the period from 2026 to 2030 is calculated up to December 31, 2025.

Article 6. Naming and renaming administrative units formed after reorganization

1. The naming and renaming of administrative units formed after reorganization shall be carried out in accordance with the provisions of the Law on Organization of Local Administration and the Resolution of the Standing Committee of the National Assembly on the criteria for administrative units and classification of administrative units; ensuring national unity, being consistent with historical, traditional, and cultural factors of the locality, and respecting the opinions of the majority of voters.

2. In cases where administrative units of the same level are merged, it is encouraged to use one of the existing names of the administrative units before the merger to name the administrative unit formed after reorganization.

Chapter II

PROCEDURE, PROCEDURAL REQUIREMENTS, AND DOCUMENTATION FOR THE PROPOSAL ON REORGANIZATION OF PROVINCE-LEVEL AND COMMUNE-LEVEL ADMINISTRATIVE UNITS

Article 7. Developing the overall plan for reorganizing province-level and commune-level administrative units

1. The provincial People's Committee shall organize the development of the overall plan for reorganizing province-level and commune-level administrative units in the period from 2023 to 2025 and from 2026 to 2030 according to the model prescribed in Appendix 1 attached to this Resolution and submit it to the Ministry of Home Affairs for review and comments.

2. The overall plan for reorganizing province-level and commune-level administrative units in the locality must clearly state the following contents:

a) Administrative units at the province and commune levels that are subject to reorganization;

b) Administrative units at the province and commune levels that are subject to reorganization but have special factors that prevent their reorganization;

c) Administrative units at the province and commune levels that are encouraged to undergo reorganization;

d) Adjacent administrative units at the province and commune levels that will adjust their territorial boundaries when implementing the reorganization plan;

đ) Administrative units expected to be formed after reorganization;

e) Urban administrative units expected to expand their territorial boundaries or newly established;

g) Administrative units expected to be formed after reorganization but not meeting the criteria for province and commune-level administrative units;

h) Plan and timeline for reorganizing province and commune-level administrative units within the territory.

3. Based on the overall plan for reorganizing province and commune-level administrative units in the locality, the Ministry of Home Affairs shall coordinate with relevant central ministries and agencies to provide written comments to the provincial People's Committee to incorporate and perfect the overall plan. If necessary, the Ministry of Home Affairs may organize a team to survey the current status of province and commune-level administrative units proposed for reorganization.

Article 8. Procedure and procedural requirements for developing and approving the proposal on reorganizing province and commune-level administrative units

1. Based on the overall plan for reorganizing province and commune-level administrative units in the locality, the comments of the Ministry of Home Affairs and relevant central ministries and agencies, the provincial People's Committee shall direct and organize the development of the proposal for reorganizing province and commune-level administrative units in the locality for the period from 2023 to 2025 and from 2026 to 2030. In cases where the proposal for reorganizing province and commune-level administrative units differs from or adjusts the overall plan already commented upon by the Ministry of Home Affairs and relevant central ministries and agencies, the provincial People's Committee shall report and explain clearly in the proposal.

2. In cases where a new urban administrative unit at the province level is established, or all or part of a province-level administrative unit is merged into an urban administrative unit of the same level, a separate proposal must be developed in accordance with the Resolution of the Standing Committee of the National Assembly on the criteria for administrative units and classification of administrative units.

3. The procedure and procedural requirements for developing and submitting the proposal for reorganizing province and commune-level administrative units for the period from 2023 to 2025 and from 2026 to 2030 shall be carried out in accordance with the provisions on the procedures for establishing, dissolving, merging, dividing, and adjusting the territorial boundaries of administrative units under the Law on Organization of Local Administration, the Resolution of the Standing Committee of the National Assembly on the criteria for administrative units and classification of administrative units, and other related legal documents.

4. The Supreme People's Court and the Supreme People's Procuracy shall take the lead and cooperate with the Government to develop a report on the establishment and dissolution of the People's Courts and People's Procuracies at the province level where reorganization is taking place, to be submitted concurrently with the Government's report and proposal on reorganizing province and commune-level administrative units in the corresponding locality to the Standing Committee of the National Assembly for consideration and decision.

Article 9. Documents for the plan on reorganizing administrative units at the district and commune levels

1. The documents submitted to the Ministry of Home Affairs for examination regarding the plan on reorganizing administrative units at the district and commune levels include:

a) A report from the Provincial People's Committee;

b) The plan on reorganizing administrative units at the district and commune levels and its appendices including tables according to the model set forth in Appendix 2 issued together with this Resolution; maps showing the current territorial boundaries of the provincial administrative unit (in the case of reorganizing district-level administrative units), of the district-level administrative unit (in the case of reorganizing commune-level administrative units); maps showing the proposed reorganization plans for administrative units. In the plan, the People's Committee of the province shall clearly explain the contents stipulated in Clause 2, Article 7 of this Resolution;

c) The plan for establishing urban administrative units at the district level, merging all or adjusting part of the district-level administrative units into urban administrative units at the same level (including the content of reorganizing commune-level administrative units under such district-level administrative units) and the accompanying documents prescribed in Clause 1, Article 29 of the Resolution of the Standing Committee of the National Assembly on the criteria for administrative units and classification of administrative units (if applicable);

d) The documents for the plan on classifying towns for the townships expected to be formed after reorganization, the documents for recognizing the achievement of standards for the development of urban infrastructure for the wards expected to be formed after reorganization (if applicable) in the case where the plan on reorganizing administrative units at the district and commune levels includes content on establishing, merging, or adjusting the territorial boundaries of urban administrative units, except for the documents already attached to the plan prescribed in point c, Clause 1 of this Article;

đ) A report summarizing the opinions of voters, People's Councils at various levels, and relevant agencies and organizations;

e) Documents from competent authorities deciding or confirming special characteristics of administrative units prescribed in Article 3a and Article 9a of the Resolution of the Standing Committee of the National Assembly on the criteria for administrative units and classification of administrative units; opinions of the Ministry of National Defense and the Ministry of Public Security on cases prescribed in point c, Clause 1 of this Resolution and other documents proving special characteristics prescribed in points a, b, and d, Clause 1 of this Resolution (if applicable);

g) Draft plan of the People's Committee of the province to implement the resolution of the Standing Committee of the National Assembly on reorganizing administrative units at the district and commune levels in the locality;

2. The documents submitted to the Government for the plan on reorganizing administrative units at the district and commune levels include:

a) The proposal of the Ministry of Home Affairs;

b) Draft plan of the Government on reorganizing administrative units;

c) Draft plan of the Government on establishing urban administrative units at the district level, merging all or adjusting part of the district-level administrative units into urban administrative units at the same level (if applicable);

d) The documents prescribed in Clause 1 of this Article;

đ) Opinions of relevant ministries and central agencies (if applicable);

e) Draft resolution of the Standing Committee of the National Assembly on reorganizing administrative units;

3. The documents for review and submission to the Standing Committee of the National Assembly for the plan on reorganizing administrative units at the district and commune levels include:

a) The proposal of the Government;

b) Plan of the Government on reorganizing administrative units;

c) Plan of the Government on establishing urban administrative units at the district level, merging all or adjusting part of the district-level administrative units into urban administrative units at the same level (if applicable);

d) Draft resolution of the Standing Committee of the National Assembly on reorganizing administrative units;

đ) Report summarizing the opinions of voters, People's Councils at various levels, and relevant agencies and organizations; results of soliciting opinions from members of the Government on the plan for reorganizing administrative units;

e) Other related documents (if any).

Chapter III

COMPLETE ORGANIZATION OF THE ADMINISTRATIVE MACHINE AND APPLICATION OF SPECIAL REGIMES AND POLICIES OF THE ADMINISTRATIVE UNIT FORMED AFTER REORGANIZATION

Article 10. Arrangement and improvement of organizational structures of agencies and organizations after the rearrangement of district and commune administrative units

1. The arrangement and improvement of agencies and organizations of local authorities when rearranging district and commune administrative units must ensure the principle of unity and be linked with the arrangement of Party organizations and political-social organizations at the same level according to the guidance of the competent authority.

2. The organization of local authorities in administrative units formed after the rearrangement shall be carried out as follows:

a) When merging district and commune administrative units to form a new administrative unit at the same level, the organization of local authorities and the operation of the People's Council and People's Committee of the new administrative unit shall be implemented in accordance with Article 134 of the Law on the Organization of Local Authorities and resolutions of the National Assembly on the organization of urban authorities.

b) When adjusting part of the natural area and population of district and commune administrative units to form an administrative unit at the same level, the organization of local authorities and the operation of the People's Council and People's Committee of the newly formed administrative unit shall be implemented in accordance with Articles 136 and 137 of the Law on the Organization of Local Authorities and resolutions of the National Assembly on the organization of urban authorities.

c) In cases where the People's Council at the district or commune level does not have two-thirds of the total number of representatives due to the adjustment of administrative boundaries for the purpose of rearranging district and commune administrative units, it shall be implemented in accordance with Article 138 of the Law on the Organization of Local Authorities.

3. The term of the People's Council in the administrative unit formed after the rearrangement shall be determined as follows:

a) In cases where the administrative unit is formed based on the merger of administrative units at the same level and has a different name from the merged units, the term of the People's Council in the administrative unit after the rearrangement shall be recalculated from the beginning (Term I) from the date of establishment.

b) In cases where the administrative unit is formed based on the merger and adjustment of administrative boundaries of administrative units and changes in the name or type of administrative unit, the term of the People's Council in the administrative unit after the rearrangement shall be recalculated from the beginning (Term I) from the date of establishment.

c) In cases where the administrative unit is formed based on the merger or adjustment of administrative boundaries of administrative units at the same level and retains the name and type of one of the merged or adjusted units, the term of the People's Council in the administrative unit after the merger or adjustment shall continue to be calculated according to the term of the People's Council in the retained unit.

4. The organization of agencies under the People's Council, specialized agencies, and other administrative organizations under the People's Committee at the district level in the administrative unit after the rearrangement shall be carried out as follows:

a) When merging district administrative units to establish a new administrative unit at the same level, the Standing Committees of the People's Councils at the district level with the same functions and tasks shall be merged in their original state. In cases where a district administrative unit with an Ethnic Minority Committee of the People's Council merges with a district administrative unit without such a committee, the new district administrative unit shall still organize the Ethnic Minority Committee of the People's Council until the end of the term. The organization of the Ethnic Minority Committee of the People's Council in the next term shall be implemented in accordance with the regulations of the Standing Committee of the National Assembly regarding the criteria and conditions for establishing the Ethnic Minority Committee of the People's Council at the district level.

b) When merging district administrative units to establish a new administrative unit at the same level, the specialized agencies and other administrative organizations under the People's Committee at the district level with the same functions and tasks shall be merged in their original state. For specialized agencies and other administrative organizations with different functions and tasks, the establishment, reorganization, and dissolution shall be carried out in accordance with the regulations of the Government.

5. The arrangement and reorganization of public service units providing similar public services in the administrative unit after the rearrangement must ensure compatibility with the population size, service radius, planning network of public service units in the sector or field, ensuring streamlined management, reduced staffing, and improved quality of civil servants. The establishment, reorganization, and dissolution of public service units under the People's Committee at the district level in the administrative unit after the rearrangement shall be carried out in accordance with the law and guidelines of the competent authority.

6. From the date the People's Committee at the provincial level submits to the Government the proposal for the rearrangement of district and commune administrative units of the locality, the election and appointment of leadership positions and recruitment and reception of cadres, civil servants, and civil servants in agencies and organizations in the area shall be suspended until the resolution of the Standing Committee of the National Assembly on the rearrangement for each relevant administrative unit takes effect, except in cases where there is a vacancy in the head position of an agency or organization and no person can be appointed to take charge in accordance with the law, in which case the position may be elected or appointed.

7. Within thirty days from the date the resolution of the Standing Committee of the National Assembly on the rearrangement for each administrative unit takes effect, agencies and organizations in the new administrative unit must complete the arrangement and improvement of organizational structures.

Article 11. Number of Leaders, Managers, and Staff Members of Agencies and Organizations After Administrative Unit Reorganization at the District and Commune Levels

1. When drafting plans for the reorganization of administrative units at the district and commune levels, the Provincial People's Committee must direct a review and propose plans for the allocation and assignment of tasks to staff members that are appropriate to their positions and roles, clearly identifying the number of surplus staff members in conjunction with the implementation of streamlined staffing; the reorganization of the number of leaders and managers in new agencies and organizations and the surplus staff members must follow a suitable timeline that aligns with the specific characteristics of each locality and the deadline stipulated in Clause 3 of this Article.

2. The Provincial People's Committee decides on the list and number of job positions and continues to implement streamlined staffing, restructuring the cadre of staff members according to resolutions and conclusions of the Party, legal provisions, and the actual situation of the locality.

3. No later than five years from the date the resolution of the Standing Committee of the National Assembly regarding the reorganization of each administrative unit becomes effective, the number of leaders and managers and the number of staff members and workers in agencies and organizations in the administrative unit after reorganization must comply with the regulations. In special cases, a report must be submitted to the Ministry of Home Affairs for consideration and decision by the competent authority.

Article 12. Treatment and Policies for Staff Members when Implementing the Reorganization of Administrative Units at the District and Commune Levels

1. Maintain existing treatment and policies regarding salary and leadership position allowances for those who continue working but do not hold previous positions until the end of their election term (for those holding positions elected through voting) or until the end of their appointed leadership term (for those holding appointed positions). If the remaining period of the election term or the appointed term is less than six months, they will be maintained for a full six months. After the maintenance period ends, salaries and position allowances (if applicable) will be implemented according to the current position held or resolved based on retirement regulations.

2. Surplus staff members of agencies and organizations due to the reorganization of administrative units at the district and commune levels may, depending on the circumstances, be recruited, accepted, transferred, or rotated to work in agencies, organizations, and units within the political system as required by tasks, or enjoy retirement, resignation, and streamlined staffing policies as prescribed by the Government.

3. In addition to the treatment and policies stipulated in Clauses 1 and 2 of this Article, based on balancing the local budget, the Provincial People's Committee submits a support policy for surplus staff members of agencies and organizations due to the reorganization of administrative units at the district and commune levels on the local territory to the same-level People's Council for promulgation.

Article 13. Arrangement and Handling of Office Premises and State Assets After the Reorganization of Administrative Units at the District and Commune Levels

1. Based on the overall plan for the reorganization of administrative units at the district and commune levels of the locality, the Provincial People's Committee compiles a list and proposes a handling plan for office premises and state assets of agencies, organizations, and units under its management, attached to the draft plan. Ministries and central agencies with subordinate units in the administrative units at the district and commune levels being reorganized compile lists and propose plans for rearranging and handling office premises and state assets under their management; if there is no need for use, they transfer them to the Provincial People's Committee where the headquarters is located to arrange, manage, and use according to the needs of the locality.

2. Within three years from the date the resolution of the Standing Committee of the National Assembly regarding the reorganization of each administrative unit becomes effective, the rearrangement and handling of office premises and state assets of agencies and units in the administrative unit after reorganization must be completed.

3. The arrangement and use of office premises and state assets after the reorganization of administrative units shall be carried out in accordance with the Government's regulations on the rearrangement and handling of state assets.

4. Local authorities at all levels proactively balance and allocate budget resources to invest in repairing, renovating, and upgrading office premises that continue to be used to serve the operations of administrative units formed after reorganization, in line with planning and actual conditions of the locality.

Article 14. Implementation of special regimes and policies for administrative units at the district and commune levels formed after restructuring

1. When restructuring administrative units at the district level without changing the name or territorial boundaries of administrative units at the commune level, the special regimes and policies shall continue to be applied at the commune-level administrative units as before the restructuring.

When restructuring administrative units at the commune level without altering the scope of villages or residential wards, the special regimes and policies shall continue to be applied at the villages or residential wards as before the restructuring.

2. When restructuring administrative units at the district and commune levels that result in changes to the names or territorial boundaries of such units, or the scope of villages or residential wards, the implementation of special regimes and policies shall be carried out as follows:

a) Residents within the villages or residential wards of the administrative units at the district and commune levels after restructuring shall continue to enjoy special regimes and policies as they did prior to the restructuring until a different decision is made by the competent authority.

b) In cases where the name of an administrative unit at the commune level is changed and its original status is adjusted into one administrative unit at the district level, officials, civil servants, employees, and personnel receiving salaries in the armed forces working at this administrative unit shall continue to enjoy special regimes and policies according to the region or area as before the restructuring until a different decision is made by the competent authority.

In cases where this administrative unit at the commune level is merged or adjusted with another administrative unit at the same level, officials, civil servants, employees, and personnel receiving salaries in the armed forces working at the newly formed administrative unit shall be subject to the highest special regimes and policies according to the region or area among the administrative units at the same level that were merged or adjusted into the new administrative unit until a different decision is made by the competent authority;

c) In cases where an administrative unit at the district level is merged into another administrative unit at the district level, officials, civil servants, employees, and personnel receiving salaries in the armed forces belonging to state agencies, organizations, and public service units at the district level at the newly formed administrative unit shall be subject to the highest special regimes and policies according to the region or area among the administrative units at the same level that were merged or adjusted into the new administrative unit until a different decision is made by the competent authority.

3. The period during which the special regimes and policies stipulated in Clause 2 of this Article shall be effective from the date the resolution of the Standing Committee of the National Assembly on the restructuring of each administrative unit takes effect until a new decision is issued by the competent authority. Within three years from the date the resolution of the Standing Committee of the National Assembly on the restructuring of each administrative unit takes effect, the People's Committees of provinces shall conduct reviews and recognize, or propose the relevant authorities to decide and recognize, the enjoyment of special regimes and policies for administrative units formed after restructuring.

4. In cases where all of an administrative unit at the district or commune level is merged into another administrative unit at the commune level, or the entire scope of villages or residential wards is adjusted into another administrative unit at the commune level, the budget allocated to the administrative unit formed after restructuring shall be calculated based on the combined quota of the administrative units and villages or residential wards before the restructuring.

In cases where part of an administrative unit at the district or commune level is adjusted with another administrative unit at the same level, based on the allocated capital, the proportion of population or natural area of the administrative unit to be adjusted, the People's Committees of provinces shall submit to the People's Councils at the same level for decisions to adjust the budget allocation for the administrative units at the district level formed after restructuring; the People's Committees of districts shall submit to the People's Councils at the same level for decisions to adjust the budget allocation for the administrative units at the commune level formed after restructuring; in places where the People's Councils at the district level are not organized according to the resolution of the National Assembly, the People's Committees of districts shall decide to adjust the budget allocation for the commune-level administrative units directly under them formed after restructuring.

5. Administrative units at the district and commune levels and villages or residential wards that change their names after restructuring shall use the new names of the administrative units at the district and commune levels and villages or residential wards to continue implementing special regimes and policies.

Article 15. Implementation of policies under National Target Programs for administrative units at district and commune levels formed after restructuring

1. Administrative units at district, commune, village, and ward levels that are currently benefiting from policies under National Target Programs approved by the National Assembly (hereinafter referred to as National Target Programs), when merging with each other, shall continue to implement such policies under the National Target Programs until the competent authority issues amended, supplemented, or replacement documents, or until the end of the program's term.

2. For administrative units at district, commune, village, and ward levels that are currently benefiting from one or more National Target Programs and are being restructured with administrative units not benefiting from such programs, in the areas where they are currently benefiting from the National Target Programs, they shall continue to benefit as before the restructuring until the competent authority issues amended, supplemented, or replacement documents, or until the end of the program's term.

3. Administrative units at district, commune, village, and ward levels that are benefiting from policies under National Target Programs, if their names change after restructuring, shall use their new names to continue implementing such policies as before the restructuring.

4. The People's Committee of the province shall direct relevant agencies to review and report to the competent authority for consideration and adjustment of the implementation of policies under National Target Programs in administrative units formed after restructuring.

Article 16. Recognition of Commune-level Administrative Units in Region III, Region II, Region I, and Particularly Difficult Villages and Wards in Ethnic Minority and Mountainous Areas

1. For commune-level administrative units in ethnic minority and mountainous areas that are restructured with other commune-level administrative units in the same Region III, Region II, or Region I, the People's Committee of the province shall issue a document to the Committee for Ethnic Minorities to submit to the Prime Minister for issuance of a decision recognizing the commune-level administrative units in Region III, Region II, or Region I in ethnic minority and mountainous areas.

2. In cases where commune-level administrative units in ethnic minority and mountainous areas are restructured with commune-level administrative units outside ethnic minority and mountainous areas or not in the same Region III, Region II, or Region I, or during the restructuring process, particularly difficult villages and wards in ethnic minority and mountainous areas undergo changes in name or territorial boundaries, the People's Committee of the province shall direct relevant agencies to review and assess, and if they meet the conditions stipulated, prepare a proposal and follow the prescribed procedures and formalities, then submit to the Committee for Ethnic Minorities for decision within its authority or for submission to the competent authority for consideration and decision on recognizing commune-level administrative units in Region III, Region II, Region I, and particularly difficult villages and wards in ethnic minority and mountainous areas.

Article 17. Recognition of administrative units at the district and commune levels achieving the new rural area standard, improved new rural area standard, and exemplary new rural area standard

Clause 1. For administrative communes undergoing reorganization where all have been recognized as achieving the new rural area standard, improved new rural area standard, and exemplary new rural area standard, the provincial People's Committee shall issue a decision recognizing the administrative commune formed after reorganization as achieving the new rural area standard, improved new rural area standard, and exemplary new rural area standard.

For administrative districts undergoing reorganization where all have been recognized as achieving the new rural area standard, improved new rural area standard, and exemplary new rural area standard, the provincial People's Committee shall send a document to the Ministry of Agriculture and Rural Development to submit to the Prime Minister for issuance of a decision recognizing the administrative district formed after reorganization as achieving the new rural area standard, improved new rural area standard, and exemplary new rural area standard.

Clause 2. For administrative districts and communes that have been recognized as achieving the new rural area standard, improved new rural area standard, and exemplary new rural area standard merging with administrative districts and communes not yet recognized as achieving the new rural area standard, improved new rural area standard, and exemplary new rural area standard, the provincial People's Committee shall direct relevant agencies to conduct reviews, evaluations, prepare application files, and implement procedures and formalities as prescribed to recognize when conditions are met for the administrative commune formed after reorganization, or send to the Ministry of Agriculture and Rural Development for submission to the competent authority for consideration and recognition of the administrative district formed after reorganization.

Article 18. Recognition of administrative units at the district and commune levels as safe zones, safe communes, poor districts, extremely difficult communes in coastal areas, border regions, mountainous areas, highland areas, and island communes when implementing administrative unit reorganization

Clause 1. For administrative districts and communes undergoing reorganization where all have been recognized by the competent authority as safe zones, safe communes, poor districts, extremely difficult communes in coastal areas, border regions, mountainous areas, highland areas, and island communes, the provincial People's Committee shall send a document to the sector management ministry to submit to the competent authority for issuance of a decision recognizing the safe zone, safe commune, poor district, extremely difficult commune in coastal areas, border region, mountainous area, highland area, and island commune for the administrative unit formed after reorganization.

Clause 2. For administrative districts and communes recognized as belonging to safe zones, safe communes, poor districts, extremely difficult communes in coastal areas, border regions, mountainous areas, highland areas, and island communes undergoing reorganization with administrative districts and communes not yet recognized as safe zones, safe communes, poor districts, extremely difficult communes in coastal areas, border regions, mountainous areas, highland areas, and island communes, the provincial People's Committee shall direct relevant agencies to conduct reviews, evaluations, and if they meet the prescribed standards and criteria for safe zones, safe communes, extremely difficult communes in coastal areas, border regions, mountainous areas, highland areas, and island communes, prepare application files and implement procedures and formalities as prescribed for submission to the competent authority for consideration and decision.

Article 19. Recognition of administrative units at the district and commune levels awarded the title of Heroic Forces or Labor Hero

1. For administrative units at the district and commune levels that are being reorganized and have been conferred the title of Heroic Forces or Labor Hero by the President of the Socialist Republic of Vietnam, the provincial People's Committee shall issue a document to report to the Ministry of Home Affairs for submission to the Prime Minister to request the President to recognize the title of Heroic Forces or Labor Hero for the newly formed administrative unit after reorganization.

2. For administrative units at the district and commune levels that have been conferred the title of Heroic Forces or Labor Hero and are being reorganized with other administrative units at the district and commune levels that have not yet been conferred such titles, the provincial People's Committee shall direct relevant agencies to review and assess, and if they meet the criteria and conditions stipulated for conferring the title of Heroic Forces or Labor Hero, they shall prepare a proposal and follow the prescribed procedures, formalities, and documents to submit to the competent authority for consideration according to regulations.

Article 20. Classification of Administrative Units Formed After Reorganization

The classification of administrative units formed after reorganization shall be carried out in accordance with Clause 2 of Article 31 of the Resolution of the Standing Committee of the National Assembly on the standards of administrative units and the classification of administrative units.

Article 21. Transfer of Documents for Individuals and Organizations

1. Types of documents issued by authorized agencies for individuals, citizens, and organizations before the implementation of reorganization according to the old administrative units, if still within their validity period as stipulated, may continue to be used.

2. The provincial People's Committee shall direct the People's Committees at the district and commune levels to proactively develop plans for propaganda and implementation of the transfer of various types of documents for individuals and organizations, creating favorable conditions for individuals and organizations when performing document transfer procedures and not charging any fees or levies due to changes in administrative boundaries.

Chapter IV

IMPLEMENTATION AND EFFECTIVE DATE OF ENFORCEMENT

Article 22. Budget for Implementing the Reorganization of Administrative Units at the District and Commune Levels

1. The state budget shall allocate funds for implementing the reorganization of administrative units at the district and commune levels in accordance with the laws on the state budget and current budget decentralization regulations to implement the development of reorganization plans and proposals for administrative units at the district and commune levels; organize propaganda and mobilization; organize public opinion solicitation; resolve personnel and policy issues for surplus cadres, civil servants, public officials, and workers; municipal construction activities, and other necessary tasks due to reorganization.

2. The budget for implementing the reorganization of administrative units at the district and commune levels shall be guaranteed by local budgets. Provinces and centrally-administered cities may use regular funds from the state budget allocated during the financial stabilization period of the reorganized administrative units at the district and commune levels to cover the tasks specified in Clause 1 of this Article.

The central government will provide a one-time support to provinces and centrally-administered cities receiving additional budget balance adjustments with a standard of VND 20 billion for each reduced district-level administrative unit and VND 500 million for each reduced commune-level administrative unit to support basic construction investment serving the reorganization of administrative units. Based on the reorganization plan for district and commune-level administrative units, the Government will propose to the National Assembly for approval in the annual state budget estimate.

3. Based on the local budget balance capacity and the central government support as stipulated in Clause 2 of this Article, the provincial People's Committee shall submit to the Provincial People's Council for specific decisions on the tasks to be funded for the reorganization of administrative units at the district and commune levels and determine specific support levels for each reorganized administrative unit at the district and commune levels, ensuring alignment with the actual situation of the locality, complying with the State Budget Law and other related laws.

4. The budget for implementing tasks related to the reorganization of administrative units at the district and commune levels by central agencies shall be guaranteed by the central government budget in accordance with the State Budget Law.

Article 23. Responsibilities of agencies and organizations in implementing the reorganization of administrative units at the district and commune levels

1. The Government and the Prime Minister shall have the following responsibilities:

a) Issuing and directing the implementation of plans for reorganizing administrative units at the district and commune levels in accordance with each phase from 2023 to 2025 and from 2026 to 2030, including specific requirements regarding the timeline, progress, and organizational responsibilities of ministries, central agencies, and localities in reorganizing administrative units as stipulated in this Resolution;

b) Issuing within its authority or directing ministries and ministerial-level agencies to review, amend, and supplement regulations on the reorganization, arrangement, and resolution of policies and benefits for civil servants, public officials, and employees when reorganizing administrative units; special policies for administrative units at the district and commune levels, and other related contents concerning the reorganization of administrative units at the district and commune levels;

c) Directing the review, adjustment, and supplementation of contents on the reorganization of administrative units at the district and commune levels in provincial master plans, urban master plans, rural master plans, and other relevant plans;

d) Deciding within its authority or submitting to competent authorities for decision on the allocation of central budget support to localities for the implementation of the reorganization of administrative units at the district and commune levels;

e) Directing the mid-term review of the implementation of the reorganization of administrative units at the district and commune levels during the period 2023-2025 in the fourth quarter of 2025; mid-term review of the implementation of the reorganization of administrative units at the district and commune levels during the period 2026-2030 and final review of the entire period from 2019 to 2030 in the first quarter of 2031, and reporting to the Standing Committee of the National Assembly on the results of these reviews according to each phase;

2. Ministries, ministerial-level agencies, and government agencies, within their respective duties and powers, shall be responsible for implementing the reorganization of administrative units as prescribed in this Resolution; guiding the use of funds for the reorganization of administrative units, the implementation of special policies, and other related contents concerning the reorganization of administrative units at the district and commune levels; based on local proposals, conducting appraisals and submitting to competent authorities for decisions to recognize and apply special policies for administrative units after reorganization; organizing and reorganizing subordinate agencies and units located in areas where reorganization is being implemented.

3. The Supreme People's Court, the Supreme People's Procuracy, within their respective duties and powers, shall take the lead and coordinate with the Government to submit to the Standing Committee of the National Assembly for consideration the establishment and dissolution of People's Courts and People's Procuracies at the district level; reorganizing and improving the organizational structure, cadre, civil servant, and employee teams of People's Courts and People's Procuracies at the district level in accordance with the law; coordinating with ministries, sectors, and localities to handle surplus office buildings due to the reorganization of administrative units.

4. People's Councils and People's Committees at all levels, within their respective duties and powers, shall have the following responsibilities:

a) Reviewing and submitting to competent authorities for approval or approving within their authority provincial master plans, urban master plans, rural master plans, and other relevant plans to ensure they are consistent with the reorganization of administrative units at the district and commune levels during the periods from 2023 to 2025 and from 2026 to 2030 as stipulated in this Resolution;

b) Organizing propaganda, mobilization, and timely provision of full information to cadres, civil servants, public officials, employees, and the people about the reorganization of administrative units at the district and commune levels;

c) Organizing the development of overall plans and reorganization projects for administrative units at the district and commune levels; organizing public opinion surveys on the projects; approving the projects in accordance with this Resolution;

d) Organizing the reorganization and improvement of the organizational structures, cadre, civil servant, public official, and employee teams of local agencies and organizations; stabilizing the lives of local residents, ensuring national defense and security, and meeting economic and social development requirements in districts and communes after reorganization;

e) Developing plans and allocating resources for investment in technical infrastructure and socio-economic infrastructure in urban administrative units after reorganization.

5. The Vietnam Fatherland Front and its member organizations shall be responsible for propaganda and mobilization of the people to create consensus and unity in understanding and action when implementing the reorganization of administrative units at the district and commune levels.

6. The National Ethnic Council, committees of the National Assembly, delegations of the National Assembly, National Assembly deputies, People's Councils, and People's Council deputies at all levels, within their respective duties and powers, shall supervise the implementation of this Resolution.

Article 24. Effective Date

This Resolution takes effect from July 19, 2023.

Article 25. Application of Law and Transitional Provisions

1. Administrative units subject to encouragement for reorganization as stipulated in Clause 4, Article 1 of this Resolution that have been included in the overall plan and the reorganization proposal for district-level and commune-level administrative units shall be entitled to apply the regimes and policies prescribed in this Resolution.

2. During the period when the competent authority has not yet recognized the newly formed administrative units meeting the criteria, standards, and titles as provided for in Clause 2, Article 16, Clause 2, Article 17, Clause 2, Article 18, and Clause 2, Article 19 of this Resolution, the implementation of the regimes and policies of such newly formed administrative units shall be carried out in accordance with the provisions of Article 14 of this Resolution.

3. Programs and projects of public investment that have been allocated capital in the annual public investment plan decided upon by the competent authority before the resolution of the Standing Committee of the National Assembly on the reorganization of each administrative unit takes effect shall continue to be implemented according to the public investment plan already decided upon by the competent authority.

Programs and projects of public investment that have been allocated capital in the medium-term public investment plan for the 2021-2025 period but have not yet been allocated annual capital plans before the resolution of the Standing Committee of the National Assembly on the reorganization of each administrative unit takes effect shall adjust the investment policy decision and investment decision for programs and projects in accordance with the laws on public investment.

Programs and projects that have received investment policy approval but are not included in the medium-term public investment plan for the 2021-2025 period before the resolution of the Standing Committee of the National Assembly on the reorganization of each administrative unit takes effect shall adjust the investment policy decision and investment decision for programs and projects in accordance with the laws on public investment.

4. Proposals related to the establishment, merger, division, and adjustment of administrative boundaries involving administrative units subject to reorganization during the 2023-2030 period that have been reviewed and submitted to the Government before this Resolution takes effect shall continue to be submitted to the competent authority for consideration and decision in accordance with the Law on the Organization of Local Administration and the Resolution of the Standing Committee of the National Assembly on the standards and classification of administrative units.

This Resolution was adopted by the Standing Committee of the National Assembly of the Socialist Republic of Vietnam, Session 24, on July 12, 2023.