Nghị định 159/2005/NĐ-CP về việc phân loại đơn vị hành chính xã, phường, thị trấn

DECREE

ON CLASSIFICATION OF ADMINISTRATIVE UNITS OF COMMUNE, WARD, TOWN

THE GOVERNMENT

Pursuant to the Law on the Organisation of the Government dated 25 December 2001;
Pursuant to the Law on the Organisation of the People’s Council and Committee dated 26 November 2003;
At the proposal of the Minister of Home Affairs,

DECREES :

Chapter I

GENERAL PROVISIONS

Article 1. Subject, scope of regulation

This Decree stipulates purposes, principles, methods, competency, steps and procedures of classification of administrative units of commune, ward, town (hereinafter called as administrative units at communal level) .

Article 2. Purposes of classification of administrative units at communal level

1. To act as foundations for the State to introduce policies on socio-economic development, helping ensure stability of the administrative units at communal level and improve efficiency, effectiveness of State administration of the grassroots authorities.

2. To define the number of full-time and part-time officers, civil servants; the number of members of the People’s Committee; to add sensible policies for officers, civil servants in communes, wards, and towns.

Article 3. Principles of classification of administrative units at communal level

Classification of administrative units at communal level must ensure consistency and adequacy.

Chapter II

METHODS, COMPETENCY, STEPS AND PROCEDURES OF CLASSIFICATION OF ADMINISTRATIVE UNITS AT COMMUNAL LEVEL

Article 4. Grade and criteria for classification of administrative units at communal level

1. Communes, wards, towns are classified into three grades of administrative units as follows:

a) Grade 1 commune, ward, town;

b) Grade 2 commune, ward, town;

c) Grade 3 commune, ward, town;

2. Communes, wards, towns in border areas and islands are grade 1 administrative units at communal level.

3. Classification criteria:

a) Population;

b) Acreage,

c) Specific factors.

Article 5. Methods of grading

1. For communes in mountainous and remote areas

a) In terms of population:

The commune with population of less than 1,000 inhabitants shall be graded 45 points; between 1,000 and 5,000 inhabitants shall be graded 12 more points for every 1,000 more inhabitants up to 93 points; with population of more than 5.000 inhabitants shall be graded 11 more points for every 1,000 more inhabitants up to 200 points.

b) In terms of acreage:

The commune with natural acreage of less than 1.000 ha shall be graded 30 points; from 1,000 to 3,000 ha shall be graded 10 more points for every 1,000 ha more up to 50 points; over 3,000 ha shall be graded 09 more points for every 1,000 ha more up to 100 points.

c) Characteristic factors:

A commune in zone I is graded 10 points; in zone II is graded 15 points; in zone II is graded 20 points; extremely difficult commune and commune in safe zone is graded 20 points;

The commune with the rate of ethnic people of 30-50% of the population is graded 10 points, more than 50% of the population is graded 15 points;

The commune with religious followers accounting for 30-50% of the population is graded 10 points, over 50% of the population is graded 15 points.

2. For plain communes:

a) In terms of population:

The commune with population of less than 2,000 inhabitants shall be graded 45 points; between 2,000 and 8,000 inhabitants shall be graded 11 more points for every 1,000 more inhabitants up to 111 points; with population of more than 8.000 inhabitants shall be graded 10 more points for every 1,000 more inhabitants up to 200 points.

b) Acreage:

The commune with natural acreage of less than 500 ha shall be graded 30 points; from 500 to 2,500 ha shall be graded 11 more points for every 1,000 ha more up to 52 points; over 2,500 ha shall be graded 10 more points for every 1,000 ha more up to 100 points.

c) Characteristic factors:

Extremely difficult commune in coastal bank and commune in safe zone is graded 20 points;

The commune with labourers engaged in agro-forestry and salt industry accounting for less than 45% of the total labour force in the commune is graded 10 points;

The commune realizing its plan on annual average budget collection (averaging budget collection of three consecutive years) is graded 05 points; 2 more points for every 10% more in annual average budget collection up to 15 points;

The commune with religious followers accounting for 30-50% of the population is graded 10 points; for more than 50% of the population is graded 15 points.

3. For wards and towns

a) In terms of population:

Wards and towns with population of less than 3,000 inhabitants are graded 45 points; with population between 3,000 and 10,000 inhabitants are graded 10 more points for every 1,000 more inhabitants up to 115 points; with population of more than 10,000 inhabitants are graded 09 more points for every 1,000 inhabitants up to 200 points.

b) In terms of acreage:

Wards and towns with natural acreage of less than 500 ha is graded 30 points; with natural acreage between 500 and 2,000 ha are graded 10 more points for every 500 ha more up to 60 points; with natural acreage of more than 2,000 ha are graded 08 more points for every 500 ha more up to 100 points.

c) Characteristic factors:

Wards and towns in mountainous and remote areas and in safe zone are graded 20 points;

The ward in a city of special type is graded 20 points, in a city of type I is graded 15 points; in a city of type II is graded 10 points; in a city of type III is graded 08 points and in a city of type IV is graded 05 points; the town in the centre of district is graded 10 points; wards and towns realizing 100% their plan on annual average budget collection (averaging budget collection in 03 consecutive years) are graded 05 points, 2 more points for every 10% more in annual average budget collection up to 15 points;

Wards and towns with religious followers accounting for 30-50% of the population are graded 10 points, for more than 50% of the population is graded 15 points.

Article 6. Grade range for classifying administrative units at communal level

1. The number of points for each criterion stipulated in Article 5 of this Decree.

2. The number of points for classifying administrative units at communal level depending on the total number of points for all criteria.

3. Classification of administrative units at communal level bases on the following range:

a) Commune, ward, town of type I is graded at least 221 points;

b) Commune, ward, town of type II is graded between 141 and 220 points;

c) Commune, ward, town of type III is graded less than 140 points.

Article 7. Competency and steps, procedures to classify administrative units at communal level

1. Chairperson of the People’s Committee in provinces, cities at central level (hereinafter called as People’s Committee at provincial level) shall make decision on classification of administrative units at communal level.

2. Steps, procedures of classification:

a) People’s Committee in communes, wards, towns (hereinafter called as People’s Committee at communal level) shall submit to the People’s Committee in districts, towns and cities at provincial level (hereinafter called as People’s Committee at district level) initial documents including a copy of administrative map; a report on population; documents on characteristic factors.

b) People’s Committee at district level shall make plan to submit to the People’s Council for approval.

c) After approved by the People’s Council at the same level, the People’s Committee at district level shall submit to the Chairperson of People’s Committee at provincial level for consideration and making decision on classification of administrative units at communal level.

Article 8. Adjustment of classification of administrative units at communal level

1. Chairperson of the People’s Committee at provincial level shall consider, make decision on adjustment of classification of administrative units at communal level five years since the effective date of the decision on classification of administrative units at communal level.

In case there is a significant change in population and acreage, Chairperson of the People’s Committee at provincial level shall make decision on adjusting classification.

Adjustment of classification shall base on stipulations in Articles 6 and 7 of this Decree.

2. Administrative units at communal level must be classified in terms of administrative units after adjusted in administrative border as decision by competent levels as stipulated in this Decree.

Chapter III

HANDLING VIOLATIONS

Article 9. Handling violations

Organisations, individuals that have committed an act of making documents incorrect, during their process of establishing data of criteria to grade and classify or not in line with regulations in this Decree shall be penalized depending on nature and degree of violations in accordance with prevailing laws.

Chapter IV

PROVISIONS OF EXECUTION

Article 10. Effectiveness of execution

This Decree becomes effective 15 days since the date of official gazette.

The former regulations that are contrast to those in this Decree are all abrogated.

Article 11. Responsibility of execution

Minister of Home Affairs is responsible for guiding, supervising and checking execution of this Decree.

Ministers, Heads of Ministry equivalents, Heads of Governmental agencies, Chairpersons of People’s Committee in provinces, cities at central level are responsible for executing this Decree./.