Resolution No. 50/2024/UBTVQH15 on certain contents related to ensuring requirements for classifying cities and standards of administrative units for the reorganization of district and commune-level administrative units during the period from 2023 to 2025.

RESOLUTION

Provisions relating to ensuring requirements for urban classification and administrative unit standards for the reorganization period from 2023 to 2025.

Reorganization of district and commune-level administrative units during the period from 2023 to 2025.

THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY

Pursuant to the Constitution of the Socialist Republic of Vietnam; Cwhich has been amended and supplemented with some articles under Law No. 65/2020/QH14;

Pursuant to the Law on the Organization of the National Assembly No. 57/2014/QH13 Pursuant to the Law on Local Administration Organization No. 77/2015/QH13, which has been amended and supplemented with some articles under Laws No. 21/2017/QH14, No. 47/2019/QH14, No. 31/2024/QH15, and No. 34/2024/QH15;

Article 1. Scope of application

RESOLUTION:

This Resolution stipulates certain contents related to ensuring requirements for urban classification, reviewing urban classification criteria, assessing the level of development of urban infrastructure to implement the reorganization of district and commune-level administrative units during the period from 2023 to 2025; meeting the standards of newly formed urban administrative units in specific cases, and certain organizational implementation contents. OF NATIONAL

Article 2. Urban Classification, Reviewing Urban Classification Criteria, Assessing the Level of Development of Urban Infrastructure to Implement the Reorganization of District and Commune-Level Administrative Units During the Period from 2023 to 2025

When reorganizing district and commune-level administrative units that require urban classification, reviewing urban classification criteria, and assessing the level of development of urban infrastructure for newly formed administrative units, the establishment and review of urban classification proposals for provincial cities (hereinafter referred to as cities), towns, and townships, as well as reports on reviewing urban classification criteria for cities and towns, and reports on assessing the level of development of urban infrastructure for areas expected to establish wards shall be carried out according to Articles 12 and 13 of the Resolution of the Standing Committee of the National Assembly on urban classification.

In cases where it is necessary to ensure the progress requirements for considering and deciding on the reorganization of district and commune-level administrative units, the following provisions shall apply:

1\. In cases where the reorganization involves a provincial city or a town with all or part of an adjacent district-level administrative unit, and the scope of reorganization is consistent with the approved general urban planning and surrounding area planning, such planning can be used for urban classification purposes.

2\. In cases where a township is expected to be established through the reorganization of administrative units, the general urban planning tasks already approved or the provincial planning, if they clearly define the scope of the township to be established after reorganization, can be used to organize reviews and assessments of urban classification criteria as the basis for establishing the proposal for reorganizing district and commune-level administrative units in the locality.

If the township expected to be established after reorganization is located within the inner city area defined in the approved general urban planning for Class IV cities, such planning can be used for the urban classification of the township expected to be established after reorganization.

The provincial People's Committee shall direct the district People's Committees to organize the establishment of urban classification proposals (for cities, towns, and townships), reviews of urban classification criteria (for cities and towns), and assessments of the level of development of urban infrastructure (for areas expected to establish wards) according to the Resolution of the Standing Committee of the National Assembly on urban classification. During the process of urban classification, reviewing urban classification criteria, and assessing the level of development of urban infrastructure, if it is found that the requirements of the law regarding urban classification criteria and the standards for the level of development of urban infrastructure can be met, these can be included as options in the proposal for reorganizing district and commune-level administrative units in the locality.

The establishment, examination, and consideration of proposals for reorganizing district and commune-level administrative units shall be conducted concurrently with the procedures for urban classification (for cities, towns, and townships), reviewing urban classification criteria (for cities and towns), and assessing the level of development of urban infrastructure (for areas expected to establish wards).

In cases where the deadline for submitting to the Standing Committee of the National Assembly for consideration and decision-making on the reorganization of district and commune-level administrative units during the period from 2023 to 2025 has been reached but the procedures for urban classification, recognition of the results of reviewing urban classification criteria, and recognition of the level of development of urban infrastructure for cities, towns, townships, and areas expected to establish wards have not been completed, the Government shall consider the feasibility of each specific case; report to the Standing Committee of the National Assembly for decisions on the reorganization of district and commune-level administrative units and allow the Government to continue directing the completion of the procedures for urban classification, recognition of the results of reviewing urban classification criteria, and recognition of the level of development of urban infrastructure according to the Resolution of the Standing Committee of the National Assembly on urban classification, provided that the commitment to complete before December 31, 2024 for cities, towns, and wards, and before December 31, 2025 for townships is ensured.

In cases where the provisions of Clause 4 of this Article are implemented, the proposal for reorganizing district and commune-level administrative units does not need to include the decision recognizing the type of city and the proposal for urban classification (for cities, towns, and townships), the review of urban classification criteria (for cities and towns), and the assessment of the standards for the level of development of urban infrastructure (for areas expected to establish wards) in the dossier.

In cases where urban classification is required for cities, towns, and townships in the content of administrative unit reorganization, the proposal must include detailed explanations of the necessity, legal basis, scope of urban classification; the appropriateness of

reorganizing cities, towns, the arrangement of cities, towns, town with provincial planning, general urban planning or general town planning tasks that have been approved; summarize the historical process of formation and development of the urban area; current status of urban development investment according to the approved urban planning; evaluate the current status of urban development and quality of urban infrastructure projects, compile information and data according to urban classification criteria and standards, assess the level of compliance with urban classification requirements; report on the urban development program summary (for cities and towns) and plans to improve urban quality in subsequent stages, accompanied by appendices specified in point b, clause 3, Article 12 of the Resolution of the Standing Committee of the National Assembly on urban classification, excluding spatial orientation diagrams and short-term planning maps (for towns).

In cases where the content of administrative unit reorganization requires a review of urban classification criteria (for cities and towns), an assessment of the level of urban infrastructure development (for areas planned to establish wards), the proposal must include detailed explanations about the necessity, legal basis, scope of reviewing urban classification criteria, the compatibility of proposals to expand the inner city or town to establish wards with the approved general urban planning and district planning; summarize the current status of urban development, implementation of urban-level infrastructure investment and construction in areas planned for expansion to meet urban classification criteria or implementation of infrastructure investment and construction in areas planned to establish wards according to approved district planning; the degree of compliance with criteria and standards compared to recognized urban classification results, compile urban classification assessments according to Appendix 1 for cities and towns and compile assessments of standards according to Appendix 2 for areas planned to establish wards, accompanied by appendices specified in point b, clause 3 and point b, clause 4, Article 13 of the Resolution of the Standing Committee of the National Assembly on urban classification.

Article 3. The meeting the criteria of urban administrative units formed after reorganization in certain specific cases

1. When reorganizing county and commune-level administrative units during the period from 2023 to 2025, the following provisions shall be applied to examine and assess whether the criteria of urban administrative units formed after reorganization are met:

a) Not assessing the criteria regarding economic and social structure and development level and the criteria regarding the development level of urban infrastructure for wards and districts formed after reorganization in cases where the entire or part of the natural area and population size of a ward is merged with another ward or district is adjusted;

b) Not assessing the criteria for a ward directly under a district when there is no change in the administrative boundary of that ward in cases of reorganizing county-level urban administrative units;

c) Not having to conduct an assessment and recognition of the criteria regarding the development level of urban infrastructure for a town planned to establish a ward in cases of reorganizing county-level urban administrative units with an appropriate expansion of the inner city or town in accordance with the approved urban planning;

d) In cases where communes identified as needing reorganization belong to the inner city or town area of a city or town determined in the decision recognizing the urban type and can only be merged with a ward because they cannot be reorganized with any other rural administrative unit, it is not necessary to assess the urban classification criteria for the city or town and it is not necessary to assess the criteria regarding the development level of urban infrastructure for the ward formed after reorganization; if the decision recognizing the urban type does not clearly specify the inner city or town area, it may be based on the approved general urban planning.

2. When assessing the criteria regarding economic and social structure and development level for areas planned to establish districts and wards in administrative units that do not organize local government, the assessment of budget revenue and expenditure balance indicators stipulated in the Appendix of the criteria for economic and social structure and development level issued together with the Resolution of the Standing Committee of the National Assembly on the criteria for administrative units and classification of administrative units shall not be implemented.

Article 4. Survey to serve the examination of the reorganization plan of county and commune-level administrative units

Based on the practical requirements of the work of reorganizing county and commune-level administrative units from 2023 to 2030, the agency responsible for examining the reorganization plan of county and commune-level administrative units shall consider and decide on organizing surveys to serve the examination of the plan in accordance with Article 29 of the Resolution of the Standing Committee of the National Assembly on the criteria for administrative units and classification of administrative units.

Article 5. Implementation Provisions

1. This Resolution takes effect from August 29, 2024.

2. In cases where the reorganization plan of county and commune-level administrative units from 2023 to 2025 has been examined before this Resolution takes effect, the provisions of this Resolution shall be applied to supplement and complete the dossier of the plan submitted to the Government and the Standing Committee of the National Assembly.

Agencies, organizations, and localities that have conducted reviews, evaluations, classifications of urban areas, surveys, and examinations of the reorganization plan of county and commune-level administrative units from 2023 to 2025 in accordance with the provisions of this Resolution shall continue to use the results of these reviews, evaluations, and classifications to supplement and complete the dossier of the plan submitted to the competent authority as prescribed.

3. The Government is responsible for directing ministries, sectors, and localities to prepare and adjust related urban planning, complete the recognition of urban types (for cities, towns, and towns), the results of reviews of urban classification criteria (for cities and towns), and the evaluation of the development level of urban infrastructure (for wards) as stipulated in clause 4, Article 2 of this Resolution.

4. Based on work requirements, capacity to implement, and specific conditions and circumstances, the Prime Minister strengthens the delegation of authority to the Minister of Construction to carry out certain tasks and powers within the scope of considering and deciding on the classification of cities or recognizing the results of reviewing urban classification criteria to accelerate the progress of rearranging administrative units at the district and commune levels./.

This Resolution was adopted by the Standing Committee of the National AssemblySocialist Republic of Vietnam, 15th term third session on the date 22 the 8 day4.