Resolution No. 653/2019/UBTVQH14 on the reorganization of administrative units at the district and commune levels during the period from 2019 to 2021.

RESOLUTION

On the reorganization of administrative units at the district and commune levels during the period 2019-2021

district and commune levels during the period from 2019 to 2021

THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY

On the basis of the Constitution of the Socialist Republic of Vietnam;

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;

Pursuant to Resolution No. 18-NQ/TW dated October 25, 2017 of the Central Committee of the Communist Party of Vietnam, the 12th tenure, on some issues regarding continued reform and reorganization of the structure of the political system to be leaner, more effective, and efficient, and Resolution No. 37-NQ/TW dated December 24, 2018 of the Politburo on the reorganization of administrative units at the district and commune levels;

Pursuant to Resolution No. 56/2017/QH14 dated November 24, 2017 of the National Assembly on continuing the reform of the organizational structure of the state administrative apparatus to be leaner, more effective, and efficient;

RESOLUTION:

Article 1. Administrative units at the district and commune levels subject to reorganization during the period 2019-2021

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

2. Administrative units at the district and commune levels subject to reorganization are those administrative units with natural area and population size not reaching 50% of the standards 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 (hereinafter referred to as Resolution No. 1211/2016/UBTVQH13).

3. Encouragement is given to the reorganization of administrative units not covered by Clause 2 of this Article to reduce the number of administrative units.

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

1. The reorganization of administrative units at the district and commune levels must be carried out in accordance with the authority, procedures, and formalities prescribed in the Law on the Organization of Local State Administration, this Resolution, and other relevant legal documents.

2. After the reorganization of administrative units at the district and commune levels, the reorganized administrative units must meet the standards for natural area and population size as prescribed in Resolution No. 1211/2016/UBTVQH13, except in cases where three or more units of the same level are merged or two units of the same level are merged but due to special factors, it is impossible to merge adjacent units.

3. When reorganizing administrative units at the district and commune levels, attention must be paid and careful consideration given to special factors such as historical traditions, culture, ethnicity, religion, beliefs, customs, geographical location, natural conditions, community, requirements for national defense, security, public order, social safety, and economic and social development.

4. The reorganization of administrative units at the district and commune levels should be linked to the reform and reorganization of the structure of the political system to be leaner, more effective, and efficient; implementation of reduction in staffing, restructuring, and improvement of the quality of cadres, civil servants, public officials, and employees; reasonable settlement of policies for cadres, civil servants, public officials, and employees.

Article 3. Some special cases when implementing the reorganization of administrative units at the district and commune levels

1. When merging a district with a natural area and population size not meeting the standards prescribed in Resolution No. 1211/2016/UBTVQH13 into a provincial city or adjacent town, the suitability condition with planning orientation, urban development program, and standard for direct subordinate administrative unit for the administrative unit expected to be formed after reorganization will not be considered. The criteria for structural composition and level of socio-economic development, level of development of infrastructure and urban architectural landscape must be evaluated by the Ministry of Construction to reach 50% or more of the standards for existing types of cities prescribed in Resolution No. 1210/2016/UBTVQH13 dated May 25, 2016 of the Standing Committee of the National Assembly on the classification of cities (hereinafter referred to as Resolution No. 1210/2016/UBTVQH13).

2. When adjusting one or several administrative units at the commune level of an adjacent district-level administrative unit to merge into a town or provincial city as stipulated in Clause 2 of Article 1 of this Resolution, the suitability condition with planning orientation, urban development program, and standard for direct subordinate administrative unit for the administrative unit expected to be formed after reorganization will not be considered. The criteria for structural composition and level of socio-economic development, level of development of infrastructure and urban architectural landscape must be evaluated by the Ministry of Construction to reach 50% or more of the standards for existing types of cities prescribed in Resolution No. 1210/2016/UBTVQH13.

3. When merging a commune or adjusting part of its natural area and population into an adjacent ward or town to reduce the number of administrative units and form an administrative unit that meets the standards prescribed in Resolution No. 1211/2016/UBTVQH13, the suitability condition with planning orientation, urban development program, and criteria for structural composition, level of socio-economic development, and level of development of infrastructure prescribed in Resolution No. 1210/2016/UBTVQH13 for the administrative unit expected to be formed after reorganization will not be considered.

4. The People's Committee of the province shall have the responsibility to report and explain clearly in the reorganization plan of administrative units for the cases stipulated in Clauses 1, 2, and 3 of this Article.

Article 4. Sources of data on natural area and population size of administrative units for the purpose of reorganization

1. The natural area of administrative units shall be determined based on the latest land inventory data of the Ministry of Natural Resources and Environment up to the time of drafting the reorganization plan.

2. The population size of administrative units shall be determined based on the latest average annual population data published by the General Statistics Office up to the time of drafting the reorganization plan.

Article 5. Plan for reorganizing district and commune-level administrative units

1. The provincial People's Committee shall organize the construction of the plan for reorganizing district and commune-level administrative units under its jurisdiction, report to the Government for submission to the Standing Committee of the National Assembly for consideration and decision.

2. The dossier of the plan includes:

a) A proposal regarding the reorganization of district and commune-level administrative units;

b) The plan for reorganizing district and commune-level administrative units of the province or centrally governed city;

c) A report summarizing the results of collecting public opinions and the voting results of the People's Councils of related administrative units; opinions of other relevant agencies and organizations.

3. The Ministry of Home Affairs shall guide the model of the dossier of the plan for reorganizing district and commune-level administrative units to be implemented during the period from 2019 to 2021.

Article 6. Collecting public opinions on plans for reorganizing district and commune-level administrative units

1. The provincial People's Committee shall send the contents of the plans for reorganizing administrative units related to the district and commune People's Committees for the purpose of collecting public opinions.

2. The list of voters shall be posted for a period of 15 days before the date of collecting public opinions.

3. The district and commune People's Committees must complete the collection of public opinions and compile the results of collecting public opinions to be sent to the higher-level People's Committees and the same-level People's Councils within 20 days from the date the provincial People's Committee sends the plans for reorganizing administrative units and sample ballots for collecting public opinions.

4. Other procedures and formalities for organizing the collection of public opinions on plans for reorganizing district and commune-level administrative units shall be carried out in accordance with the provisions of the Law on the Organization of Local Administration and the guidance of the Government.

Article 7. People's Councils at all levels approve plans for reorganizing district and commune-level administrative units

1. Based on the plans and proposals for reorganizing administrative units of the provincial People's Committee, the opinions of local voters, the People's Councils at the provincial, district, and commune levels in related administrative units shall discuss and vote on whether to agree or disagree with the policy of reorganizing administrative units in sequence from the commune level to the district and provincial levels.

2. The discussion and voting on the policy of reorganizing administrative units shall be conducted at the session of the People's Council.

Article 8. Reorganization and improvement of organizational structures of agencies, organizations, and units after reorganizing district and commune-level administrative units

1. The election, appointment of leadership positions, and recruitment and acceptance of civil servants and officials in agencies, organizations, and units of district and commune-level administrative units subject to reorganization shall be suspended from the date this Resolution takes effect until the resolution of the Standing Committee of the National Assembly on reorganization for each corresponding administrative unit takes effect, except in cases where there is a vacancy in the head position of an agency, organization, or unit and no person can be appointed to take charge according to the law, in which case the position may be elected or appointed.

2. Within the latest 60 days from the date the resolution of the Standing Committee of the National Assembly on reorganization for each administrative unit takes effect, agencies, organizations, and units in the new administrative units must complete the reorganization and improvement of organizational structures.

3. The organization of local administration and activities of People's Council representatives in newly formed district and commune-level administrative units shall be implemented in accordance with Articles 134, 136, 137, and 138 of the Law on the Organization of Local Administration.

4. The reorganization, merger, and consolidation of organizational structures of agencies, organizations, and units when reorganizing district and commune-level administrative units must ensure efficiency, rationality, without increasing the number of agencies, organizations, and units at the local level; stabilizing the lives of local residents; ensuring national defense and security and requirements for economic and social development; effectively and economically utilizing existing office premises, infrastructure, and equipment of district and commune-level administrative units before reorganization.

Article 9. The number of leaders, managers, and civil servant positions of agencies, organizations, and units after restructuring

1. When drafting plans for the reorganization of district-level and commune-level administrative units, it is necessary to evaluate, classify, and propose job assignments and tasks for cadres, civil servants, and public officials that are appropriate, determine the number of surplus cadres, civil servants, and public officials in conjunction with implementing streamlined staffing; the reorganization of the number of leaders, managers, and the number of surplus cadres, civil servants, and public officials in new agencies, organizations, and units must have a reasonable timeline.

2. The provincial People's Committee decides on the list and number of job positions and continues to implement streamlined staffing, restructuring the cadre workforce according to resolutions and conclusions of the Party, state regulations, and actual conditions. At most five years from the date the National Assembly Standing Committee resolution on the reorganization of each administrative unit takes effect, the number of leaders, managers, and civil servants in new administrative units must comply with the regulations.

Article 10. Treatment and policies for surplus cadres, civil servants, public officials, and workers due to the reorganization of district-level and commune-level administrative units

1. The treatment and policies for the surplus cadre, civil servant, public official, and worker workforce of agencies, organizations, and units due to the reorganization of district-level and commune-level administrative units shall be implemented in accordance with the Government's regulations on recruitment, utilization, and management of cadres, civil servants, and public officials; termination of employment; streamlined staffing policies, and other policies.

2. In addition to the treatment and policies stipulated in Clause 1 of this Article, based on balancing local budgets, the provincial People's Committee submits to the same-level People's Council for issuance of support policies for the surplus cadre, civil servant, public official, and worker workforce of agencies, organizations, and units due to the reorganization of district-level and commune-level administrative units.

Article 11. Conversion of various documents for individuals and organizations

1. The provincial People's Committee directs the district and commune People's Committees in areas undergoing administrative unit reorganization to proactively implement, create favorable conditions for individuals and organizations when handling procedures for converting various documents, and not collect any fees when converting documents due to changes in administrative boundaries.

2. In cases where individuals and organizations have not converted their documents, those documents previously issued by competent authorities according to the old administrative units, if they have not yet expired according to regulations, can continue to be used.

Article 12. Funding for the reorganization of district-level and commune-level administrative units

1. The funding for the reorganization of district-level and commune-level administrative units of provinces and centrally-administered cities is defined as follows:

a) Funding for the reorganization of district-level and commune-level administrative units is carried out according to the current budget management hierarchy to implement the development of reorganization plans for district-level and commune-level administrative units; organize publicity and mobilization; organize the collection of voter opinions; resolve treatment and policy issues for surplus cadres, civil servants, public officials, and workers due to administrative unit reorganization;

b) Funding for the reorganization of district-level and commune-level administrative units is guaranteed by the local budget. Provinces and centrally-administered cities may use regular funding within the allocated state budget during the period of stabilizing the budget of district-level and commune-level administrative units being reorganized to cover the tasks specified in point a of this clause. For regions receiving additional and balanced funds from the central budget, after using the regular state budget funding allocated during the period of stabilizing the budget of district-level and commune-level administrative units undergoing reorganization, if there are still difficulties, the Government will submit to the competent authority for decision-making on providing support to these regions in accordance with the State Budget Law.

2. Funding for tasks related to the reorganization of district-level and commune-level administrative units of central government agencies is guaranteed by the central budget according to the State Budget Law.

Article 13. Responsibilities of agencies and organizations in implementing the reorganization of administrative units at the district and commune levels

1. The Government shall issue a Plan to implement the reorganization of administrative units at the district and commune levels for the period of 2019-2021; direct, guide, and organize the implementation of the reorganization of administrative units at the district and commune levels; direct the summary of the implementation of the reorganization of administrative units at the district and commune levels for the period of 2019-2021 and report to the Standing Committee of the National Assembly in 2021.

2. Ministries, ministerial-level agencies, and government agencies within their respective functions and powers shall be responsible for organizing and reorganizing subordinate agencies and units located within the territories of districts and communes undergoing reorganization.

3. The Supreme People's Court and the Supreme People's Procuracy, within their respective functions and powers, shall cooperate with the Government to submit to the Standing Committee of the National Assembly for consideration the dissolution and establishment of new People's Courts and People's Procuracies at the district level immediately within the reorganization plan of relevant district administrative units; reorganize and stabilize the organizational structure and cadre of civil servants and employees of People's Courts and People's Procuracies at the district level in accordance with the provisions of the law.

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

a) Organize propaganda, mobilization, and provide comprehensive information to the people about the reorganization of administrative units at the district and commune levels;

b) Organize the development of proposals, seek opinions from voters, and approve plans and proposals for the reorganization of administrative units at the district and commune levels in accordance with this Resolution;

c) Organize the reorganization and stabilization of the organizational structure and cadre of officials, civil servants, and public servants of local agencies and organizations; stabilize the living conditions of the local population, ensure national defense and security, and meet economic and social development requirements in the territories of administrative units at the district and commune levels after the reorganization has been implemented.

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.

Article 14. Effective Date

This Resolution takes effect from the date of its adoption.