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Pursuant to …;

On criteria, procedures, and formalities for recognizing

island communes and safe area communes during the anti-French and anti-American resistance period

Pursuant to the Law on Government Organization No. 63/2025/QH15;

Pursuant to the Law on Local Administration Organization No. 72/2025/QH15;

Pursuant to the Law on the Sea of Vietnam No. 18/2012/QH13 (amended and supplemented by the Law on Organization of Local Administration No. 72/2025/QH15);

Pursuant to Decree No. 25/2025/NĐ-CP dated February 21, 2025 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

Pursuant to Decree No. 128/2025/NĐ-CP dated June 11, 2025 of the Government stipulating decentralization and deconcentration in state management in the field of home affairs;

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

The Prime Minister issues this Decision on criteria, procedures, and formalities for recognizing island communes and safe area communes during the anti-French and anti-American resistance period.

Article 1. Scope of Regulation and Applicability

This Decision stipulates criteria, procedures, and formalities for recognizing island communes and safe area communes during the anti-French and anti-American resistance period.

Article 2. Criteria for Recognizing Island Communes

Clause 1. A commune or ward must meet two of the following criteria to be recognized as an island commune:

Point a) At least 50% of its natural area consists of islands or archipelagos as defined in Article 19 of the Law on the Sea of Vietnam 2012 (amended and supplemented by the Law on Organization of Local Administration on June 16, 2025) or the entire natural area consists of isolated alluvial islands with conditions similar to those of islands;

Point b) It has permanent residents or military forces stationed on the islands, archipelagos, or isolated alluvial islands to participate in managing, protecting national defense, security, and maritime sovereignty.

Clause 2. Special zones shall be recognized as island communes without having to follow the procedures and formalities for requesting recognition as an island commune as stipulated in Article 4 of this Decision.

Article 3. Criteria for Recognizing Safe Area Communes

A commune, ward, or special zone (hereinafter referred to as commune-level administrative units) shall be recognized as a safe area commune when it meets at least three of the following five criteria:

Clause 1. Directed by the Party Committee from the Regional Party Committee or Military Region Party Committee to build a revolutionary safe area (a place with geographical, topographical, political, military, economic, social, and residential conditions ensuring safety for the leadership activities of the Party during the anti-French and anti-American resistance periods).

Clause 2. A place of residence (nursing, hiding, keeping secret), work, and leadership activities to build revolutionary movements during the anti-French and anti-American resistance periods for cadres of the Party, State, Vietnam Fatherland Front, and political-social organizations at the regional and military region levels and above.

Clause 3. A place where significant events occurred, strategic decisions of the Party that marked turning points in various stages of the two anti-French and anti-American resistance wars, or where offices of Party, State, Vietnam Fatherland Front, and political-social organizations at the regional and military region levels and above were located, foreign diplomatic offices, or command headquarters of the campaign front in the anti-French and anti-American resistance wars.

Clause 4. A place where military forces (army, police) from battalion level and above were stationed, trained, and mobilized; a place with storage facilities for food, weapons, equipment, uniforms, and other essential supplies during the anti-French and anti-American resistance wars serving the campaign front or military region level and above.

Clause 5. A place with a strong revolutionary base and movement during the anti-French and anti-American resistance wars; simultaneously, local armed forces have proactively or cooperatively organized battles against the enemy to protect the safety of cadres, agencies, and organizations of the Party and State stationed in the area, or a place where a significant victory was achieved contributing to creating a favorable battlefield situation for the revolution and resistance in the area and adjacent regions.

Article 4. Procedure, formalities, and dossier for recognition of island commune

1. The People's Commune Council shall prepare the dossier to request recognition of an island commune and submit it to the Department of Home Affairs for examination. The dossier includes the following documents and materials:

a) A report from the People's Commune Council submitted to the Chairman of the Provincial People's Committee;

b) A report on the geographical location, natural conditions, and socio-economic situation, national defense, and security of the administrative commune;

c) Documents to prove that the administrative commune meets the criteria for recognition as an island commune, including: a map showing the geographical location of the islands, archipelagos, and riverine areas within the administrative commune; a report on the resident population figures on the islands, archipelagos, and riverine areas; confirmation of military forces stationed on the islands, archipelagos, and riverine areas (if applicable). Priority should be given to using data and information available in the national database and specialized databases.

2. Within ten working days from the date of receipt of the complete dossier from the People's Commune Council, the Department of Home Affairs shall organize the examination of the dossier for recognition of an island commune.

Within three working days from the date of receipt of the completed dossier from the People's Commune Council after the examination, the Department of Home Affairs shall submit the dossier to the Chairman of the Provincial People's Committee for consideration and decision.

3. Within five working days from the date of receipt of the report from the Department of Home Affairs (accompanied by the completed dossier from the People's Commune Council after the examination), the Chairman of the Provincial People's Committee shall consider and decide on the recognition of the island commune. In case of non-recognition, within three working days, the Chairman of the Provincial People's Committee must issue a document explaining the reasons for non-recognition.

Article 5. Procedure, formalities, and dossier for recognition of Safe Area commune

1. The People's Commune Council shall prepare the scientific dossier for recognition of a Safe Area commune and report to the Standing Committee of the Party Committee at the commune level before submitting it to the Department of Home Affairs for examination. The dossier submitted to the Department of Home Affairs for examination includes:

a) A report from the People's Commune Council submitted to the Chairman of the Provincial People's Committee;

b) The scientific dossier, comprising: The history section (which clearly states the former and current names of the administrative commune; the current position, natural area, and population of the administrative commune; clearly stating and analyzing historical revolutionary memorials, memorials of distinguished persons, achievements serving the revolution recognized by competent authorities, which took place within the territory); a summary table of historical revolutionary memorials; memorials of distinguished persons, documents, materials, images, historical research works already published and confirmed by historical witnesses. Priority should be given to using digitized historical archival materials and data available in the national database and specialized databases;

c) A summary report from the People's Commune Council; A unified document from the Standing Committee of the Party Committee at the commune level regarding the recognition of a Safe Area commune and related documents attached.

2. Within fifteen working days from the date of receipt of the complete dossier from the People's Commune Council, the Department of Home Affairs shall organize the examination of the dossier for recognition of a Safe Area commune.

Within three working days from the date of receipt of the completed dossier from the People's Commune Council after the examination, the Department of Home Affairs shall submit the dossier to the Chairman of the Provincial People's Committee for consideration and decision.

3. Within five working days from the date of receipt of the report from the Department of Home Affairs (accompanied by the completed dossier from the People's Commune Council after the examination), the Chairman of the Provincial People's Committee shall consider and decide on the recognition of the Safe Area commune. In case of non-recognition, within three working days, the Chairman of the Provincial People's Committee must issue a document explaining the reasons for non-recognition.

Article 6. Funding for Implementation

The funding for preparing the dossier to request recognition of island communes and safe area communes shall be guaranteed by the local budget in accordance with the current分级限制词汇，请忽略此提示。

Article 7. Transitional Provisions

1. Island communes and safe area communes that have been decided by the Prime Minister to be recognized before the effective date of this Decision and which do not implement administrative unit restructuring in 2025 shall continue to be recognized as island communes and safe area communes without having to follow the procedures and formalities stipulated in this Decision.

2. In cases where original administrative units at commune level that have been recognized as island communes and consist entirely of natural islands, archipelagos, or river islands are merged into new administrative units at commune level, such new administrative units shall be recognized as island communes without having to follow the procedures and formalities stipulated in this Decision.

3. In cases where original administrative units at commune level that have been recognized as safe area communes are merged with all or part of other administrative units at commune level to form new administrative units at commune level, such new administrative units shall be recognized as safe area communes without having to follow the procedures and formalities stipulated in this Decision.

4. In cases where the name of an administrative unit at commune level that has been recognized as an island commune or safe area commune is changed, or a new administrative unit at commune level is established based on the original administrative unit at commune level that has been recognized as an island commune or safe area commune, the new administrative unit at commune level shall continue to be recognized as an island commune or safe area commune without having to follow the procedures and formalities stipulated in this Decision.

5. For administrative units at commune level established through merging, dividing, or adjusting boundaries according to decisions of competent authorities, if they include parts that are island communes or safe area communes and do not fall under the provisions of Clause 2, 3 of this Article, the provincial People's Committee shall direct the commune People's Committee to review, prepare dossiers, and follow the procedures and formalities stipulated in this Decision to request recognition of island communes or safe area communes (if applicable).

6. Decisions of the Prime Minister recognizing safe areas, safe area communes, and island communes shall remain valid until decisions of the provincial People's Committee recognizing or announcing lists of island communes and safe area communes take effect.

7. During the period when there are no decisions recognizing or announcing lists of island communes and safe area communes as stipulated in Clause 1, 2, 3, 4, 5 of this Article, residents, officials, civil servants, employees, and personnel receiving salaries in the armed forces currently enjoying benefits and policies for island communes, safe area communes, and safe areas shall continue to enjoy such benefits and policies according to current regulations until decisions of the provincial People's Committee recognizing or announcing lists of island communes and safe area communes take effect.

8. For administrative units at commune level that were recognized as island communes prior to the effective date of this Decision but are not continued to be recognized as island communes after review, residents, officials, civil servants, employees, and personnel receiving salaries in the armed forces currently living and working on natural islands, archipelagos of these administrative units at commune level shall continue to apply benefits and policies for island communes according to current regulations, except where regulations on benefits and policies provide otherwise.

Article 8. Implementation organization

1. The Ministry of Home Affairs shall monitor, inspect, and compile reports to the Prime Minister on the implementation of this Decision.

2. Ministries, agencies equivalent to ministries, and government agencies within their functions and tasks shall be responsible for proposing, issuing, or submitting to competent authorities for issuance mechanisms, preferential policies, and support for island communes and safe area communes in line with the state budget capacity and socio-economic development situation at each stage.

3. Provincial People's Committees shall be responsible for:

a) Announcing lists of administrative units at commune level in coastal areas (including special zones and communes, wards with entire natural areas being islands, archipelagos) in accordance with regulations;

b) Directing reviews, dossier preparation, and implementing procedures and formalities for recognizing island communes and safe area communes and announcing lists of island communes and safe area communes as stipulated in this Decision. Completing recognition and announcement of lists of island communes and safe area communes formed after administrative unit restructuring in 2025 before December 31, 2025;

c) Based on the local budget balance capacity and state budget regulations, submitting to the provincial People's Council for approval of additional preferential policies for island communes and safe area communes to leverage roles, advantages, and potential of marine and island economies, attract people to live and protect and develop the sea and islands, improve material and spiritual lives of residents in safe area communes; preserve and restore historical relics; develop education, healthcare, culture, and ensure national defense and security in the locality;

d) Compiling and announcing lists of administrative units at commune level falling under the provisions of Clause 8, Article 7 of this Decision and guiding the application of policies for individuals who are residents, officials, civil servants, employees, and personnel receiving salaries in the armed forces currently living and working on natural islands, archipelagos of these areas.

Article 9. Effective Date

1. This Decision takes effect from the date of issuance and replaces previous regulations on criteria, procedures, and formalities for recognizing island communes, safe area communes, and safe areas issued before the effective date of this Decision.

2. Ministers, Heads of agencies equivalent to ministries, Heads of government agencies, Chairpersons of provincial People's Committees, and directly related organizations and individuals are responsible for implementing this Decision./.