Chương VII Luật Tổ chức chính quyền địa phương 2015: Thành lập, giải thể, nhập, chia, điều chỉnh địa giới đơn vị hành chính

Chapter VII

ESTABLISHMENT, DISSOLUTION, MERGING, SPLITTING AND MODIFICATION OF ADMINISTRATIVE DIVISIONS

Section 1: RULE, PROCESS AND PROCEDURE FOR ESTABLISHMENT, DISSOLUTION, MERGING, SPLITTING AND MODIFICATION OF ADMINISTRATIVE DIVISIONS

Article 128. Rules for establishment, dissolution, merging, splitting and modification of geographical borders of administrative divisions

1. Administrative units shall be organized in a stable manner on the basis of existing administrative units. It is advised that administrative units and same-level ones are merged.

2. Establishment, merging, splitting or modification of geographical borders of administrative units is carried out in certain necessary circumstances and must meet the following requirements:

a) Conform to the master plan for socio-economic development, the general planning for administrative units, orientation towards the planning and program for urban development and the planning for relevant industries and sectors approved by competent authorities;

b) Ensure the national interests, effectiveness and efficiency in state management of local governments at all levels; make best use of potential and advantages in order to promote the socio-economic development of the whole country and specific local areas;

c) Meet requirements for national defence, security and social order and safety;

d) Consolidate the people’s solidarity, conform to historical, traditional and cultural elements of specific localities; offer convenience to the people;

dd) Establishment, merging, splitting and modification of geographical borders of administrative units must be based on standards of these administrative units as stipulated in Clause 1, 2 and 3 Article 2 hereof in conformity with features of rural, urban areas and islands.

3. Dissolution of each administrative unit shall be carried out under the following circumstances:

a) The dissolution is to meet the socio-economic development demands, assure national defence and security at local areas or across the nation;

b) The dissolution is triggered by changes to geographical and topographical factors that can affect the existence of such administrative units.

4. The Government shall request the National Assembly Standing Committee and the National Assembly to provide specific regulations on standards of administrative units as stipulated in Point dd Clause 2 included in this Article.

Article 129. Authority to decide establishment, dissolution, merging, splitting and modification of geographical borders of administrative divisions, and naming and change made to names of administrative units, and resolution of disputes concerning geographical borders of administrative divisions

1. The National Assembly shall have authority to decide establishment, dissolution, merging, splitting and modification of geographical borders of provincial-level administrative divisions; naming and change made to names of provincial-level administrative units; and resolution of disputes concerning geographical borders of provincial-level administrative divisions.

2. The National Assembly Standing Committee shall have authority to decide establishment, dissolution, merging, splitting and modification of geographical borders of district-level and communal-level administrative divisions; naming and change made to names of district-level and communal-level administrative units; resolution of disputes concerning geographical borders of communal-level and district-level administrative divisions

3. The Government shall request the National Assembly and the National Assembly Standing Committee to decide establishment, dissolution, merging, splitting and modification of geographical borders of administrative divisions; naming and change made to names of administrative units; resolution of disputes concerning geographical borders of administrative divisions as stipulated in Clause 1 and 2 of this Article.

Article 130. Formulation of proposal for establishment, dissolution, merging, splitting and modification of geographical borders of administrative divisions

1. The Ministry of Home Affairs shall advise and assist the Government to prepare the proposal for establishment, dissolution, merging, splitting and modification of geographical borders of provincial-level administrative units for submission to the National Assembly.

2. The provincial People’s Committee shall prepare the proposal for establishment, dissolution, merging, splitting and modification of geographical borders of district-level and communal-level administrative units for submission to the Government.

3. Cost of formulation of the proposal for establishment, dissolution, merging, splitting and modification of geographical borders of administrative units shall be funded by the state budget as prescribed by the Government.

Article 131. Local referendum on the establishment, dissolution, merging, splitting and modification of geographical borders of administrative divisions

1. The establishment, dissolution, merging, splitting and modification of geographical borders of administrative divisions must be subject to opinions of local people who are the electorate of communal-level administrative units and directly affected by such establishment, dissolution, merging, splitting and modification. This referendum shall be conducted by collecting opinion ballots from the electorate.

2. The Government shall be responsible for conducting this referendum on the establishment, dissolution, merging, splitting and modification of geographical borders of administrative divisions and performing the following tasks:

a) Decide the time when this referendum takes place, opinion ballot templates and supporting materials;

b) Direct, provide guidance on and inspect the People's Committee at all levels in relation to the referendum; direct the task of spreading and dissemination of information about the referendum;

c) Provide adequate budget and necessary conditions to facilitate this referendum;

d) Make the referendum result known to the public through the Government's website.

3. The provincial People’s Committee concerned shall be responsible for performing the following tasks:

a) Organize the opinion poll to collect opinions from the electorate within their areas;

b) Allocate adequate fund and necessary conditions to facilitate this opinion poll;

c) Instruct and inspect the People's Committee at the inferior level to accomplish the opinion poll;

d) Aggregate and report the results of such poll including local opinions collected from everywhere in their areas.

4. The district-level People’s Committee shall be responsible for performing the following tasks:

a) Instruct and inspect the communal-level People's Committee to accomplish the opinion poll;

b) Carry out the spreading and dissemination of information about contents on which opinions should be given within their areas;

c) Aggregate and report the results of such poll including the electorate’s opinions collected from everywhere in their areas.

5. The communal-level People’s Committee shall be responsible for performing the following tasks:

a) Compile the list of electors living within their areas at the time of the opinion poll;

b) Decide to hand out opinion ballots to collect the electorate's opinions at communes, wards and commune-level towns in conformity with residential features within their areas;

c) Conduct the opinion poll at each village and residential quarter;

d) Gather meeting minutes and opinion ballots from the electorate; make reports on the opinion poll result.

6. Referendum or opinion poll reports must display total number of electors living within their areas, the number of electors participating in the referendum or poll, the number of electors voting in favor, the number of electors voting against and other opinions. Reports on the result of opinions collected from the electorate living in district-level or communal-level constituencies shall be sent to the People's Council at the same level and the People's Committee at the superior level; reports on the result of opinions collected from the electorate living in provincial-level constituencies shall be sent to the Government and the provincial People’s Council.

Article 132. People’s Council’s approval for the establishment, dissolution, merging, splitting and modification of geographical borders of administrative divisions

1. After the referendum on the establishment, dissolution, merging, splitting and modification of geographical borders of administrative divisions, if there is more than fifty percent of the local electorate voting in favor, the proposal-making agency shall be responsible for perfecting the proposal and filing it to the People’s Council in administrative units or relevant units to obtain their decision.

2. On the basis of opinions collected from the local electorate, the draft proposal for the establishment, dissolution, merging, splitting and modification of geographical borders of administrative divisions sent by proposal-making agencies, the relevant People’s Council at the communal, district or provincial level shall discuss and hold a vote for or against the intention to establish, dissolve, merge, split or modify geographical borders of administrative units in hierarchical order from the communal level to the district or provincial level.

3. The resolution of the People’s Council at the communal level on approval or disapproval of the intention to establish, dissolve, merge, split and modify geographical borders of administrative units shall be submitted to the People’s Council at the district level; the resolution of the district-level People’s Council shall be submitted to the provincial People’s Council; the resolution of the provincial People’s Council shall be submitted to the Ministry of Home Affairs in order to make an aggregate report to send to the Government and competent authorities for decision.

Article 133. Inspection of the proposal for establishment, dissolution, merging, splitting and modification of geographical borders of administrative divisions

1. The National Assembly’s Committee on legislation shall inspect the Government's proposal for establishment, dissolution, merging, splitting and modification of geographical borders of provincial-level administrative divisions to report to the National Assembly; inspect the Government's proposal for establishment, dissolution, merging, splitting and modification of geographical borders of district-level and communal-level administrative divisions to report to the National Assembly Standing Committee.

2. Inspecting documentation shall be composed of the followings:

a) The request for the establishment, dissolution, merging, splitting and modification of administrative divisions;

b) The proposal for establishment, dissolution, merging, splitting and modification of geographical borders of administrative divisions;

c) The report on anticipation of possible impacts caused by the establishment, dissolution, merging, splitting and modification of geographical borders of administrative divisions;

d) The summary report on opinions collected from the electorate, the all-level People’s Council and relevant agencies or organizations;

dd) The draft proposal for establishment, dissolution, merging, splitting and modification of geographical borders of administrative divisions.

Section 2: ORGANIZATION OF LOCAL GOVERNMENTS IN THE EVENT OF CHANGE MADE TO GEOGRAPHICAL BORDERS OF ADMINISTRATIVE DIVISIONS AND UNDER SOME SPECIAL CIRCUMSTANCES

Article 134. Organization of local governments in the event of merging of same-level administrative units

1. In case various administrative units are merged into a new one at the same level, delegates of the People’s Council of the previous administrative units shall jointly become those of the People’s Council of the new ones and continue their term of office.

2. The first meeting held by the People's Council of the new administrative unit as stipulated in Clause 1 of this Article shall be convened and chaired by the meeting-convening person designated by the Standing Committee of the People’s Council at the directly superior level out of delegates of the People’s Council of the new administrative unit, or designated by the National Assembly Standing Committee with regard to the meeting held by the People's Council at the provincial level until the People’s Council manages to elect the Chairperson of the People’s Council of the new administrative unit.

3. The People’s Council of the new administrative unit as stipulated in Clause 1 of this Article shall elect persons as incumbents for the People’s Council and the People’s Committee in accordance with applicable regulations, Article 83 hereof. These incumbents shall hold their term of office until the new-term People’s Council has been elected.

Article 135. Organization of local governments in the event of splitting of same-level administrative units into different ones

1. In case an administrative unit is split into various administrative units at the same level, delegates of the People’s Council that have been elected or worked within new administrative units shall together become delegates of these new ones and continue their tem of office.

2. In case the number of delegates of the People’s Council of the new administrative unit is greater than or equals two thirds of total delegates elected in accordance with this Law, the new People's Council shall elect incumbents to the People’s Council and the People’s Committee in accordance with applicable regulations laid down in Article 83 hereof. They shall hold their term of office until the new-term People’s Council has been elected.

3. In case the number of delegates of the People’s Council of the new administrative unit is not equal to two thirds of total delegates elected in accordance with this Law, and the remaining period of its term of office is more than 18 months, delegates of the People’s Council shall be additionally elected in accordance with the law on election. The People’s Council to which additional delegates are elected shall elect delegates to hold their term of office in the People’s Council and the People’s Committee in accordance with regulations laid down in Article 83 hereof. They shall hold their term of office until the new-term People’s Council has been elected.

4. The first meeting held by the People's Council of the new administrative unit as stipulated in Clause 2 and Clause 3 of this Article shall be convened and chaired by the meeting-convening person designated by the Standing Committee of the People’s Council at the directly superior level out of delegates of the People’s Council of the new administrative unit, or designated by the National Assembly Standing Committee with regard to the meeting held by the People's Council at the provincial level until the People’s Council manages to elect the Chairperson of the People’s Council of the new administrative unit.

5. In the event that the number of delegates of the People’s Council of the new administrative unit is not equal to two thirds of total delegates of the People’s Council elected in accordance with this Law, and the remaining period of the term of office is less than or equal to 18 months, the Standing Committee of the People’s Council at the directly superior level shall appoint the Acting Chairperson of the People’s Council, but as for the provincial-level administrative unit, the National Assembly Standing Committee shall appoint the Acting Chairperson of the People’s Council, as requested by the Standing Committee of the People’s Council of the pre-split administrative unit in order to implement duties and powers stipulated in Clause 3 Article 138 hereof.

The President of the People’s Committee at the directly superior level shall appoint the Acting President of the People’s Committee or the provisional People's Committee, but as for the administrative unit at the provincial level, the Prime Minister shall appoint the Acting President of the People's Committee or the provisional People's Committee in order to implement duties and powers of the President of the People's Committee or the People's Committee in accordance with regulations laid down in this Law until the new-term People’s Committee has been elected.

Article 136. Organization of local governments in the event of establishment of a new administrative unit on the basis of change made to part of geographical border of other administrative unit

1. With respect to establishment of a new administrative unit on the basis of change made to part of geographical border of other administrative unit, delegates of the People’s Council of the initial administrative unit shall jointly become those of the People’s Council of the latter one and continue their term of office.

2. Organization and operation of the local government of the newly-established administrative unit shall adhere to regulations laid down in Article 135 hereof.

3. The People’s Council of the administrative unit of which its geographical border is adjusted to establish a new one shall continue its operations; the election of additional delegates shall be carried out in accordance with legal regulations on election.

Article 137. Operations of the People’s Council’s delegates in the event of adjustment to geographical borders of administrative units, or residential collective movement

1. In case part of the territory and residential areas of this administrative unit is adjusted to become another exact administrative unit, delegates of the People’s Council within that territory shall be considered as delegates of the People’s Council at the equivalent level and continue their operations at the new administrative unit till the end of their term of office.

2. In case part of the territory and residential areas of this administrative unit is adjusted to become another exact administrative unit, delegates of the People’s Council within that territory shall be considered as delegates of the People’s Council at the equivalent level and continue their operations at the new administrative unit till the end of their term of office.

Article 138. Operations of the People’s Council in the event of the deficiency in two thirds of total delegates of the People’s Council

1. In case there is a deficiency in two thirds of delegates of the People’s Council elected in accordance with this Law, and the remaining period of their term of office is more than 18 months, delegates of the People’s Council shall be additionally elected in accordance with the law on election.

2. In case there is a deficiency in two thirds of delegates of the People’s Council elected in accordance with this Law, and the remaining period of their term of office is less than 18 months, the People’s Council shall only discuss and decide the plan for socio-economic development and local government budget. The Chairperson of the People’s Council shall carry out the duties and powers stipulated in Article 3 hereof. In case the Chairperson of the People's Council is left vacant, the Standing Committee of the People’s Council at the directly superior level shall appoint the Acting Chairperson of the People's Council; as for the provincial-level administrative unit, the National Assembly Standing Committee shall have authority to appoint the Acting Chairperson of the People’s Council.

The People’s Committee at the same level shall continue to carry out their duties and powers in accordance with this Law.

3. The Chairperson of the People’s Council or the Acting Chairperson of the People’s Council mentioned in the circumstance stipulated in Clause 2 of this Article shall carry out the following duties and powers:

a) Collaborate with the People’s Committee in making preparations for the meeting of members of the People’s Council; convene and preside at the meeting of members of the People’s Council to discuss and make a resolution of the People’s Council on the plan for socio-economic development and local government budget;

b) Aggregate questions posed by delegates of the People’s Council, opinions or recommendations obtained from the electorate to report to the meeting of members of the People’s Council.

c) Keep contact with, expedite and facilitate operations of the People’s Council’s delegates;

d) Convene and preside at the first meeting of the new-term People's Council until the People’s Council has elected the Chairperson of the People’s Council;

dd) Carry out other duties and powers of the Standing Committee of the People’s Council in accordance with laws.

Article 139. Dissolution of the People’s Council

1. The People’s Council causing serious harm to the people's interests shall be dissolved.

2. Authority to dissolve the People’s Council shall be stipulated as follows:

a) The National Assembly Standing Committee shall have authority to dissolve the provincial People’s Council;

b) The provincial People’s Council shall dissolve the district-level People’s Council;

c) The district-level People’s Council shall dissolve the communal-level People’s Council.

3. The district-level People’s Council making resolution on dissolution of the communal-level People’s Council shall be responsible to the provincial People’s Council for approval; the provincial People’s Council making resolution on dissolution of the district-level People’s Council shall be responsible to the National Assembly Standing Committee for approval.

4. The provincial People’s Council being dissolved must terminate its operations as from the effective date of the resolution on dissolution of the provincial People’s Council issued by the National Assembly Standing Committee.

The district-level or communal-level People’s Council being dissolved must terminate its operations as from the date on which the resolution on dissolution of the People’s Council is passed by competent state organs.

5. In case the People’s Council is dissolved, the President of the People’s Committee at the directly superior level shall appoint the Acting President of the People’s Committee or the provisional People's Committee, but as for the administrative unit at the provincial level, the Prime Minister shall appoint the Acting President of the People's Committee or the provisional People's Committee in order to implement duties and powers of the President of the People's Committee or the People's Committee in accordance with regulations laid down in this Law until the new-term People’s Council and People’s Committee have been elected.

6. The National Assembly Standing Committee shall decide and announce the polling date to elect delegates of the People’s Council in the event of dissolution of the provincial People’s Council; the Standing Committee of the provincial People’s Council shall decide and announce the polling date to elect delegates of the People’s Council in the event of dissolution of the district-level or communal-level People’s Council. Election of delegates of the People’s Council shall be held in accordance with legal regulations on election. The newly-elected People’s Council shall carry out their duties till the end of the term of office of the dissolved People’s Council.

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