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THE GOVERNMENT OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No. 125/2025/ND-CP
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Hanoi, June 11, 2025
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DECREE
DISTINCTION OF POWERS OF 02-LEVEL LOCAL GOVERNMENTS OVER FIELDS
UNDER STATE MANAGEMENT OF MINISTRY OF FINANCE
Pursuant to the 2025
Law on Government Organization;
Pursuant to the 2025
Law on Organization of Local Government;
Pursuant to the
Resolution No. 190/2025/QH15 dated February 19, 2025 of the National Assembly
on settlement of some issues related to restructuring of state apparatus;
At the request of the
Minister of Finance;
The Government
promulgates Decree on distinction of powers of 02-level local governments over
fields under state management of Ministry of Finance.
Chapter
I
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Article
1. Scope
This Decree provides for:
1. Distinction of duties
and powers of local governments according to the 02-level local government organization
model over fields under the state management of the Ministry of Finance,
including development investment; bidding; compulsory purchase and requisition
of property, land finance, management and use of public property; tax and fee
management; price management; insurance business; business households, artels,
cooperatives and cooperative unions; development of state-owned enterprises;
social policy credit.
2. Procedures for
performing duties and powers that are distinguished of provincial-level and
commune-level local governments in accordance with regulations of this Decree.
Article
2. Rules for distinction of powers
1. Comply with
regulations in the Constitution; follow rules and regulations on devolution,
delegation and distinction of powers in the Law on Government Organization and
the Law on Organization of Local Government.
2. Ensure that
distinction of duties and powers among local governments at all levels is
consistent with duties, powers and capabilities of competent authorities and
persons performing the distinguished duties and powers; functions and duties of
local governments at all levels and authorities and organizations affiliated to
local governments are not overlapped or omitted.
3. Clearly distinguish
powers of People's Councils, People's Committees, and Chairpersons of People's
Committees; clearly distinguish general powers of People's Committees and
specific powers of Chairpersons of People's Committees.
4. Maintain legal bases
for normal, continuous and transparent operations of authorities, society,
people and enterprises; protect human rights and citizenship; and enable
individuals and organizations to access information, exercise rights, fulfill
obligations and follow procedures according to regulations of law;
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6. Do not affect the
implementation of international treaties and agreements to which the Socialist
Republic of Vietnam is a signatory.
7. Resources used for
distinction of powers shall be covered by state budget according to
regulations.
Article
3. Responsibilities of competent authorities, organizations and persons at
provincial and commune levels
1. Receive functions,
duties, jurisdiction and documents from competent authorities, organizations
and persons at the district level and continue to preside over and cooperate
with relevant authorities, organizations and persons in performing the assigned
tasks.
2. Proactively issue
documents within their powers to carry out tasks distinguished in this Decree
and update and report performance of duties, jurisdiction, difficulties and
problems arising to competent authorities and persons to be provided with
guidance and promptly overcome such difficulties and problems.
Article
4. Fees and charges
Organizations and
individuals initiating administrative procedures shall pay fees and charges according
to regulations of law on fees and charges. They shall pay fees and charges to
document-receiving authorities when requested for processing of administrative
procedures, except for cases exempted from fees and charges upon arrangement
and reorganization of state apparatus according to regulations of law. Payers
may pay fees and charges in person or online via public service portals of
state authorities.
Chapter
II
DISTINCTION
OF POWERS OVER INVESTMENT IN DEVELOPMENT UPON ORGANIZATION OF 02-LEVEL LOCAL
GOVERNMENTS
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1. Powers of
district-level People's Councils, district-level People's Committees, and
district-level financial authorities as prescribed in the Resolution No.
111/2024/QH15 dated January 18, 2024 of the National Assembly to implement
national target programs shall be exercised as follows:
a) Commune-level People's
Councils shall exercise powers of district-level People's Councils specified in
point c clause 1, point a clause 6, points b and c clause 7, point a clause 8
Article 4 of the Resolution No. 111/2024/QH15;
b) Commune-level People's
Committees shall exercise powers of district-level People's Committees
specified in point b clause 2 Article 4 of the Resolution No. 111/2024/QH15;
c) Specialized
authorities are assigned by commune-level People's Committees to exercise
powers of financial authorities affiliated to district-level People's
Committees specified in point b1 clause 4 Article 4 of the Resolution No.
111/2024/QH15;
d) District specified in
clause 7 Article 3 of the Resolution No. 111/2024/QH15 shall be changed into
province;
dd) The selection of
districts for implementation of the pilot delegation mechanism specified in
point a clause 7 Article 4 of the Resolution No. 111/2024/QH15 shall be carried
out as follows:
“a1) New communes, wards
or special zones that are established from rearrangement of communes, wards or
commune-level towns in the districts where the pilot delegation mechanism is implemented
in accordance with regulations in clause 7 Article 4 of the Resolution No.
111/2024/QH15 may implement such mechanism when district-level local
governments are abolished.
2. Powers and duties of
district-level People's Councils, district-level People's Committees, leaders
of district-level People's Committees, leaders of specialized departments and
boards affiliated to district-level People's Committees, and district-level
authorities prescribed in the Government’s Decree No. 27/2022/ND-CP dated April
19, 2022 and the Government’s Decree No. 38/2023/ND-CP dated June 24, 2023
shall be performed as follows:
a) Commune-level People's
Councils shall exercise powers of district-level People's Councils specified in
clause 5 Article 6 of the Decree No. 27/2022/ND-CP (amended by clause 3 Article
1 of the Decree No. 38/2023/ND-CP);
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c) Provincial-level
authorities shall provide guidance and notify the estimated state budget funds
for implementation of the national target programs at the district level specified
in clause 3 Article 8 of the Decree No. 27/2022/ND-CP;
d) Provincial-level
People's Committees shall perform duties of district-level People's Committees
to consolidate plans for implementation of national target programs at the
commune level specified in point dd clause 3 Article 8 of the Decree No.
27/2022/ND-CP;
dd) Commune-level
People's Committees shall exercise powers of district-level People's Committees
specified in point d clause 5 Article 9 of the Decree No. 27/2022/ND-CP
(amended by clause 5 Article 1 of the Decree No. 38/2023/ND-CP);
e) Provincial-level
People's Committees shall exercise powers of district-level People's Committees
specified in clause 4 Article 15, point b clause 2 Article 16 of the Decree No.
27/2022/ND-CP;
g) Districts specified in
point b and point c clause 2, point b clause 3 Article 17 of the Decree No.
27/2022/ND-CP shall be changed into provinces;
h) Leaders of
commune-level People's Committees shall perform duties of leaders of
district-level People's Committees that previously held the positions of
Presidents and members of Appraisal Councils of district-level People's
Committees as prescribed in point c clause 3 Article 21 of the Decree No.
27/2022/ND-CP (amended by clause 12 Article 1 of the Decree No. 38/2023/ND-CP);
i) Commune-level People's
Committees shall exercise powers of Chairpersons of district-level People's
Committees specified in point d clause 3 Article 21 of the Decree No.
27/2022/ND-CP (amended by clause 12 Article 1 of the Decree No. 38/2023/ND-CP)
under their management;
k) Commune-level People's
Committees shall exercise powers of district-level People's Committees
specified in point c clause 3 Article 22 of the Decree No. 27/2022/ND-CP
(amended by clause 13 Article 1 of the Decree No. 38/2023/ND-CP);
l) Leaders of
commune-level People's Committees, representatives of financial authorities,
plan/investment authorities and other specialized authorities affiliated to
commune-level People's Committees shall perform duties of leaders of
district-level People's Committees that previously held the positions of heads
of appraisal groups, representatives of financial authorities, investment
authorities and specialized divisions and boards affiliated to district-level
People's Committees and members of appraisal groups specified in point c clause
3 Article 22 the Decree No. 27/2022/ND-CP (amended by clause 13 Article 1 of
the Decree No. 38/2023/ND-CP);
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n) Commune-level People's
Committees shall exercise powers of district-level People's Committees
specified in point a clause 4 Article 40 of the Decree No. 27/2022/ND-CP
(amended by clause 22 Article 1 of the Decree No. 38/2023/ND-CP).
Article
6. Power to perform duties and exercise jurisdiction to manage, disburse, pay
and make final settlement of investment funds for publicly-funded projects
1. After the 02-level
local government model is applied, the power to approve final accounts of
expenses for compensation, support or relocation specified in clause 3 Article
32 of the Decree No. 99/2021/ND-CP dated November 11, 2021 shall be exercised
as follows:
In case the project's
plan for compensation, support or relocation has been approved by the
commune-level People's Committee before the 02-level local government model is
applied, the Chairperson of the People's Committee managing the unit or
organization assigned compensation, support or relocation (after the 02-level
local government model is applied) shall approve final accounts of expenses for
compensation, support or relocation for the completed project.
2. The power to approve
final accounts of public investment funds for the completed projects during and
after improvement of the 2-level local government apparatus specified in clause
1 Article 35 of the Decree No. 99/2021/ND-CP shall be exercised as follows:
During and after
improvement of the 2-level local government apparatus, the power over final
accounts of public investment funds for the completed projects within the
approval power of the Chairperson of the district-level People's Committee shall
be exercised. To be specific:
The Chairperson of the
provincial-level People's Committee shall approve final accounts of public
investment funds for the completed projects handed over by the district-level
authority/unit to the provincial-level authority/unit.
The Chairperson of the
commune-level People's Committee shall approve final accounts of public
investment funds for the completed projects handed over by the district-level
authority/unit to the commune-level authority/unit.
3. The commune-level
People's Committee shall exercise the power of the district-level Division of
Finance and Plan to report final accounts of public investment funds for the
completed projects in the budgetary year as specified in clause 2 Article 48 of
the Decree No. 99/2021/ND-CP.
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1. Powers, duties and
jurisdiction of deciders of investment guidelines for programs/plans:
a) Provincial-level
People's Councils shall perform duties, powers and jurisdiction of the deciders
of investment guidelines for public investment programs whose investment
guidelines were previously decided by district-level People's Councils in
accordance with clause 6 Article 18 of the Law on Public Investment before the
effective date of this Decree.
If necessary,
provincial-level People's Councils shall decide to assign commune-level
People's Councils to perform duties, powers and jurisdiction of the deciders of
investment guidelines for public investment programs specified in this point;
b) Provincial-level
People's Committees shall perform duties, powers and jurisdiction of the
deciders of investment guidelines for public investment projects whose
investment guidelines were previously decided by district-level People's Councils
or district-level People's Committees in accordance with clause 8 Article 18
and clause 2, clause 3, clause 4 Article 103 of the Law on Public Investment
before the effective date of this Decree.
If necessary,
provincial-level People's Committees shall decide to assign commune-level
People's Committees to perform duties, powers and jurisdiction of the deciders
of investment guidelines for public investment projects specified in this
point.
2. Powers over projects
involving at least 02 provincial-level administrative divisions:
a) Provincial-level
People's Committees, after the arrangement, shall perform duties, powers and
jurisdiction of governing bodies of projects allocated to provincial-level
People's Committees that are governing bodies in accordance with Article 30 of
the Law on Public Investment before the effective date of this Decree.
b) Provincial-level
People's Committees shall perform duties, powers and jurisdiction of governing
bodies of projects allocated to district-level People's Committees that are
governing bodies in accordance with clause 1 Article 31 of the Law on Public
Investment before the effective date of this Decree.
If necessary,
provincial-level People's Committees shall decide to assign commune-level
People's Committees to perform duties, powers and jurisdiction of governing
bodies of projects specified in this point.
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a) Chairpersons of
provincial-level People's Committees shall perform duties, powers and jurisdiction
of the deciders of investment in public investment programs/plans in which
investment was previously decided by district-level People's Committees in
accordance with clause 4 Article 38 of the Law on Public Investment before the
effective date of this Decree.
If necessary,
Chairpersons of provincial-level People's Committees shall decide to assign
Chairpersons of commune-level People's Committees to perform duties, powers and
jurisdiction of the deciders of investment in public investment programs and
projects specified in this point;
b) Chairpersons of
commune-level People's Committees, after the arrangement, shall perform duties,
powers and jurisdiction of the deciders of investment in public investment
projects in which investment was decided by Chairpersons of commune-level
People's Committees in accordance with clause 4 Article 38 of the Law on Public
Investment before the effective date of this Decree; in case the commune having
the power to decide investment guidelines cannot be determined after the
rearrangement of boundaries of multiple communes, the Chairperson of
provincial-level People's Committee shall decide to assign the Chairperson of
the commune-level People's Committee to receive the power of the decider of
investment.
c) Chairpersons of
provincial-level People's Committees shall approve cost estimates for
investment preparatory tasks and planning tasks approved by district-level
People's Committees in accordance with clause 2 Article 44 of the Law on Public
Investment before the effective date of this Decree.
If necessary,
Chairpersons of provincial-level People's Committees shall decide to assign
Chairpersons of commune-level People's Committees to approve cost estimates for
investment preparatory tasks and planning tasks specified in this point.
4. Power to decide
medium-term and annual public investment plans:
a) Regarding medium-term
public investment plans using state budget's capital for the period of
2021-2025, public investment plans using state budget's capital in 2025 and
public investment plans using state budget's capital in 2024 the deadlines for
execution and disbursement of which are postponed to 2025 in accordance with
regulations in clause 9, Article 59, clause 7 Article 60, clause 2 Article 72
of the Law on Public Investment, the provinces and cities established after the
arrangement shall inherit all public investment plans of those before
rearrangement.
b) Regarding medium-term
public investment plans for the 2021-2025 period, public investment plans in
2025 and public investment plans using state budget's capital in 2024 of
districts the deadlines for execution and disbursement of which are postponed
to 2025 in accordance with regulations in clause 9, Article 59, clause 7
Article 60, clause 2 Article 72 of the Law on Public Investment, on the basis
of the capital structure within the total investment, the hierarchy of local
government budgets, specific objectives, programs and projects after
organization of 02-level local governments, provincial-level People's Councils
shall decide to include medium-term and annual public investment plans of
districts in medium-term and annual public investment plans of provinces or
communes.
If necessary,
provincial-level People's Councils shall decide to assign provincial-level
People's Committees to decide to adjust medium-term and annual public
investment plans according to regulations of this clause to conform to
development objectives and orientation, balance capacity and specific
characteristics of provinces and resolve urgent and important issues arising
from arrangement of administrative divisions and organization of 02-level local
governments.
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5. Regarding change in
geographical names of certain places upon organization of 02-level local
governments, decisions on investment guidelines and investment, medium-term
public investment plans and annual public investment plans are not required to
be adjusted.
Article
8. Power to perform duties and exercise jurisdiction in the field of
public-private partnership investment
Commune-level People's
Committees shall perform district-level People's Committees' duties to preside
over and organize inspection of selection of investors when requested by
investor selection inspection authorities in accordance with clause 3 Article
87 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021.
Chapter
III
DISTINCTION
OF POWERS OVER BIDDING UPON ORGANIZATION OF 02-LEVEL LOCAL GOVERNMENTS
Article
9. Power to perform duties and exercise jurisdiction in the field of bidding
for selection of investors for projects requiring bidding as prescribed by
specialized laws
1. Commune-level People's
Committees shall perform duties of EOI Requesters specified in clause 2 Article
3, clause 3 Article 36 and organize preparation for project proposals specified
in point a clause 1 Article 10 of the Government’s Decree No. 23/2024/ND-CP
dated February 27, 2024 (amended by clause 7 Article 66 of the Government’s
Decree No. 115/2024/ND-CP dated September 16, 2024).
2. Chairpersons of
commune-level People's Committees shall approve bidding documents as authorized
in accordance with clause 3 Article 54 and Article 55 of the Government’s
Decree No. 23/2024/ND-CP dated February 27, 2024
Article
10. Power to perform duties and exercise jurisdiction in the field of bidding
for selection of investors executing investment projects involving land use
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2. Chairpersons of
commune-level People's Committees shall exercise powers of Chairpersons of
district-level People's Committees specified in clause 9 Article 48, clause 3
Article 56 and Article 57 of the Government’s Decree No. 115/2024/ND-CP.
3. Regulations in clause
5 Article 48 of the Decree No. 115/2024/ND-CP are applicable to reference land
zones, land banks or land parcels within communes.
Article
11. Powers over commissioning, ordering and tendering for public-sector goods
and services funded by state budget's regular expenditures
1. Commune-level People's
Committees shall exercise powers of district-level People's Committees
specified in clause 3 Article 6, clause 2 Article 7, point a clause 1 Article
8, note (1) Form No. 01 enclosed with the Government's Decree No. 32/2019/ND-CP
dated April 10, 2019.
2. Regulations in clause
1 Article 2 of the Decree No. 32/2019/ND-CP are applicable to ministries,
ministerial-authorities, Governmental authorities, provincial-level People's
Committees, commune-level People's Committees and their affiliates authorized
to commission, order and tender for public-sector goods and services funded by
state budget's regular expenditures.
Chapter
IV
DISTINCTION
OF POWERS OVER COMPULSORY PURCHASE AND REQUISITION OF PROPERTY, LAND FINANCE,
MANAGEMENT AND USE OF PUBLIC PROPERTY UPON ORGANIZATION OF 02-LEVEL LOCAL
GOVERNMENTS
Section
1. COMPULSORY PURCHASE AND REQUISITION OF PROPERTY, LAND FINANCE
Article
12. Power to perform duties and exercise jurisdiction in the field of
compulsory purchase and requisition of property
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2. Chairpersons of
People's Committees of communes where property to be compulsorily requisitioned
is available, shall perform duties of Chairpersons of district-level People's
Committees to organize compulsory execution of decisions on compulsory
requisition of property as prescribed in Article 31 of the Law on Compulsory
Purchase and Requisition of Property.
3. Chairpersons of
commune-level People's Committees shall exercise powers of Chairpersons of
district-level People's Committees to decide fixed-term use of land as
prescribed in clause 4 Article 41 of the Law on Compulsory Purchase and
Requisition of Property.
Article
13. Power to confirm the amount of compensation, support or relocation deducted
from land levy or land rent payable in the field of land finance
Commune-level People's
Committees shall exercise powers of district-level People's Committees to
confirm the amounts of compensation, support or relocation deducted from land
levies or land rents payable as prescribed in Article 16, Article 31 of the
Government’s Decree No. 103/2024/ND-CP dated July 30, 2024.
In case of site clearance
involving at least 02 communes, Chairpersons of provincial-level People's
Committees shall decide to assign authorities affiliated to provincial-level
People's Committees or commune-level People's Committees to confirm the amounts
of compensation, support or relocation deducted from land levies or land rents
payable as prescribed in the land law and other relevant laws.
Section
2. MANAGEMENT AND USE OF PUBLIC PORPERTY AT AUTHORITIES, ORGANIZATIONS, UNITS
AND AUTHORITIES OF THE COMMUNIST PARTY OF VIETNAM
Article
14. Power to perform duties and exercise jurisdiction to manage and use public
property at authorities, organizations, units
1. Commune-level People's
Committees shall exercise powers of district-level People's Committees to
approve plans for operating public property and prepare reports on declaration
of public property specified in point c clause 3 Article 19, Article 127 of the
Government’s Decree No. 151/2017/ND-CP dated November 26, 2017 (amended by
clause 7 Article 1 of the Government’s Decree No. 50/2025/ND-CP dated February
28, 2025, clause 64 Article 1 of the Government’s Decree No. 114/2024/ND-CP
dated September 15, 2024).
2. Specialized
authorities assigned by commune-level People's Committees shall exercise powers
and perform duties of financial authorities, construction authorities and
authorities in charge of management and use of public property affiliated to
district-level People's Committees specified in point c clause 1 Article 18,
point c clause 3 Article 23, point d clause 1 Article 29 of the Decree No.
151/2017/ND-CP (amended by clause 10 Article 1 of the Decree No.
114/2024/ND-CP, clause 7, clause 11, clause 15 Article 1 of the Decree No.
50/2025/ND-CP).
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1. CPV Committees of
Communes shall exercise or delegate powers to exercise district-level standing
CPV Committees’ powers to decide purchase, sale, liquidation, destruction or
disposal of property managed by commune-level authorities affiliated to the
Communist Party of Vietnam in case such property is lost or damaged as
prescribed in point d clause 5 Article 13, point d clause 2 Article 26, point c
clause 3 Article 27, point c clause 2 Article 28, point c clause 2 Article 29
of the Government’s Decree No. 165/2017/ND-CP dated December 31, 2017.
2. Provincial-level
standing CPV Committees shall exercise district-level standing CPV Committees’
powers to decide to withdraw property managed by commune-level authorities
affiliated to the Communist Party of Vietnam as prescribed in clause 2 Article
24, point b, point c clause 2 Article 25 of the Decree No. 165/2017/ND-CP.
3. Provincial-level CPV
Committee Offices shall perform duties and exercise jurisdiction of
district-level CPV Committee Offices when initiating procedures for withdrawal,
disposal and operation of property at authorities affiliated to the Communist
Party of Vietnam after the property is withdrawn as prescribed in clause 3
Article 24 of the Decree No. 165/2017/ND-CP.
4. Provincial-level
Departments of Finance shall perform duties and exercise jurisdiction of
district-level Divisions of Finance and Plan when initiating procedures for
withdrawal, disposal and operation of property at authorities affiliated to the
Communist Party of Vietnam after the property is withdrawn as prescribed in
clause 3 Article 24 of the Decree No. 165/2017/ND-CP.
5. CPV Committees of
Communes shall fulfill district-level CPV Committee Offices’ responsibilities
for report on property specified in Article 32 of the Decree No.
165/2017/ND-CP.
CPV Committees of
Communes shall send reports on property granted in kind by the State or
property built by investment or procured from the state budget to
provincial-level CPV Committee Offices and commune-level People's Committees as
prescribed in clause 4 Article 32 of the Decree No. 165/2017/ND-CP.
CPV Committees of
Communes shall send reports on property other than that specified in clause 5
Article 32 of the Decree No. 165/2017/ND-CP to provincial-level CPV Committee
Offices.
Section
3. MANAGEMENT, USE AND OPERATION OF INFRASTRUCTURE
Article
16. Power to manage, use and operate road traffic infrastructure
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2. Commune-level People's
Committees shall perform duties and exercise jurisdiction of district-level property-managing
authorities specified in point c clause 3 Article 2, point b clause 1 Article
5, point b clause 4, point a clause 8 Article 13 of the Decree No.
44/2024/ND-CP.
3. Chairpersons of
provincial-level People's Committees shall decide to assign commune-level
People's Committees or specialized authorities affiliated to provincial-level
People's Committees to perform duties and exercise jurisdiction of
district-level People's Committees specified in point b clause 4, point a
clause 8, Article 13 of the Decree No. 44/2024/ND-CP.
4. Chairpersons of
provincial-level People's Committees shall decide to assign commune-level
People's Committees or specialized authorities affiliated to provincial-level
People's Committees to perform duties and exercise jurisdiction of specialized
authorities affiliated to district-level People's Committees specified in point
c clause 2, point d clause 4, Article 23 of the Decree No. 44/2024/ND-CP.
Article
17. Power to manage, use and operate market infrastructure
1. Commune-level People's
Committees shall perform duties and exercise jurisdiction of district-level
market infrastructure authorities specified in clause 2 Article 15, clause 2
Article 17, point a clause 3 Article 29 of the Government’s Decree No.
60/2024/ND-CP dated June 05, 2024.
2. Commune-level People's
Committees shall perform duties and exercise jurisdiction of district-level
People's Committees specified in Article 17, point b clause 2, point a clause 4
Article 24, point a clause 4 Article 25, point b, point c clause 2 Article 28,
point a clause 3 Article 29, point b clause 2 Article 30, point b clause 2
Article 31 of the Decree No. 60/2024/ND-CP.
Article
18. Power to manage, use and operate irrigation infrastructure
1. Commune-level People's
Committees shall perform duties and exercise jurisdiction of district-level
irrigation authorities specified in Article 9, point a clause 6 Article 21,
point a clause 3, point a clause 4, point a clause 5 Article 22 of the
Government’s Decree No. 08/2025/ND-CP dated January 09, 2025.
2. Commune-level People's
Committees shall perform duties and exercise jurisdiction of district-level
People's Committees specified in point d clause 3, clause 4 Article 6, Article
9, clause 1 Article 13, point c clause 3 Article 15, point a clause 6 Article
16, point a clause 6 Article 17, point a clause 6 Article 21, point a clause 3,
point a clause 4, point a clause 5 Article 22, point b clause 2, point c clause
5 Article 23, point b clause 2, point c clause 4 Article 24 of the Decree No.
08/2025/ND-CP.
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Article
19. Power to perform duties and exercise jurisdiction to manage, use and
operate inland waterway infrastructure
1. Commune-level People's
Committees shall perform duties and exercise jurisdiction of district-level inland
waterway authorities specified in point c clause 2 Article 2 and point a clause
3 Article 25 of the Government’s Decree No.12/2025/ND-CP dated January 20, 2025
2. Commune-level People's
Committees shall perform duties and exercise jurisdiction of district-level
property-managing authorities specified in point c clause 3 Article 2, point b
clause 1 Article 5, Article 13, point b clause 5 Article 14 of the Decree No.
12/2025/ND-CP.
3. Commune-level People's
Committees shall perform duties and exercise jurisdiction of district-level
Divisions of Finance and Plan specified in point a clause 5 Article 16 of the
Decree No. 12/2025/ND-CP.
4. Commune-level People's
Committees shall perform duties and exercise jurisdiction of district-level
People's Committees specified in point b clause 2 Article 19, point b clause 4
Article 22, point a clause 3 Article 23 and point b clause 1 Article 24 of the
Decree No. 12/2025/ND-CP.
5. Commune-level People's
Committees shall perform duties and exercise jurisdiction of specialized
authorities affiliated to district-level People's Committees specified in
clause 3 and clause 4 Article 21 of the Decree No. 12/2025/ND-CP
Section
4. ESTABLISHMENT OF ALL-PEOPLE OWNERSHIP OF PROPERTY AND DISPOSAL OF PROPERTY
UNDER ESTABLISHED ALL-PEOPLE OWNERSHIP
Article
20. Power to decide establishment of and approve plans for disposal of property
under established all-people ownership
1. Chairpersons of
commune-level People's Committees shall exercise powers of Chairpersons of
district-level People's Committees to decide establishment of all-people
ownership of derelict real estates, lost or mislaid property, or unclaimed
inheritance specified in clause 2 Article 25 of the Government’s Decree No.
77/2025/ND-CP dated April 01, 2025.
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3. Chairpersons of
commune-level People's Committees shall exercise powers of Chairpersons of
district-level People's Committees to approve plans for disposal of confiscated
exhibits and equipment used for committing administrative violations specified
in point b clause 3 Article 9 of the Decree No. 77/2025/ND-CP.
4. Specialized
authorities assigned by commune-level People's Committees shall exercise powers
of district-level Divisions of Finance – Plan to prepare or propose plans for
disposal of property specified in point b clause 3 Article 9, point b clause 1
Article 19, clause 2 Article 21, clause 2 Article 30, clause 2 Article 32,
point b clause 2 Article 46 of the Decree No. 77/2025/ND-CP.
5. Duties and
jurisdiction to initiate procedures for deciding establishment of all-people
ownership shall be performed and exercised as follows:
a) Commune-level People's
Committees shall perform duties and exercise jurisdiction of district-level
People's Committees to initiate procedures for deciding establishment of
all-people ownership of confiscated property that is exhibits or convict’s
property, derelict real estates, lost or mislaid property, or unclaimed
inheritance as prescribed in clause 2 Article 21, clause 2 Article 26, clause 3
Article 27, clause 3 Article 28 of the Decree No. 77/2025/ND-CP;
b) Chairpersons of
commune-level People's Committees shall perform duties and exercise
jurisdiction of Chairpersons of district-level People's Committees to initiate
procedures for deciding establishment of all-people ownership of confiscated
property that is exhibits or convict’s property, derelict real estates, lost or
mislaid property, or unclaimed inheritance as prescribed in clause 2 Article
21, clause 2, clause 4 Article 27, clause 2, clause 4 Article 28 of the Decree
No. 77/2025/ND-CP;
c) Specialized
authorities assigned by commune-level People's Committees shall perform duties
and exercise jurisdiction of Chairpersons of district-level Divisions of
Finance and Plan to initiate procedures for deciding establishment of
all-people ownership of confiscated property that is exhibits or convict’s
property, derelict real estates, lost or mislaid property, or unclaimed
inheritance as prescribed in clause 2 Article 21, clause 1, clause 2 Article
26, Article 27, Article 28 of the Decree No. 77/2025/ND-CP.
6. Duties and
jurisdiction to initiate procedures for formulating and approving property
disposal plans shall be performed and exercised as follows:
a) Commune-level People's
Committees shall perform duties and exercise jurisdiction of district-level
People's Committees to initiate procedures for formulating and approving plans
to dispose property whose ownership is voluntarily transferred by its owner to
the State as prescribed in clause 3 Article 48 of the Decree No. 77/2025/ND-CP;
b) Chairpersons of
commune-level People's Committees shall perform duties and exercise
jurisdiction of Chairpersons of district-level People's Committees to initiate
procedures for formulating and approving plans to dispose derelict real
estates, lost or mislaid property, or unclaimed inheritance, property whose
ownership is voluntarily transferred by its owner to the State as prescribed in
clause 2 Article 30, clause 2 Article 31, point a, point b clause 2 Article 32,
point b clause 2 Article 46, clause 3, point a clause 4 Article 48 of the
Decree No. 77/2025/ND-CP;
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7. Specialized
authorities affiliated to commune-level People’s Committees shall perform the
following duties and jurisdiction:
a) Act as units presiding
over management of property transferred by judgment-enforcing authorities and
not transferred to Departments of Finance specified in clause 2 Article 5 of
the Decree No. 77/2025/ND-CP, derelict real estates, lost or mislaid property,
or unclaimed inheritance under the management of district-level Divisions of
Finance – Plan specified in clause 4 Article 5 of the Decree No. 77/2025/ND-CP;
b) Receive and preserve
property buried, concealed or sunk as specified in clause 3 Article 72 of the
Decree No. 77/2025/ND-CP;
c) Act as members of
asset auction councils, valuation councils specified in point b clause 4
Article 14, point b clause 1 Article 84 of the Decree No. 77/2025/ND-CP.
8. Specialized
authorities assigned by commune-level People's Committees shall perform duties of
district-level Divisions of Finance – Plan to act as escrow account holders as
prescribed in point c clause 1 Article 101 of the Decree No. 77/2025/ND-CP.
9. Chairpersons of
commune-level People's Committees shall exercise powers of chairpersons of district-level
People's Committees to decide establishment of all-people ownership and
transfer of electricity works funded by non-state sources as prescribed in
point a clause 1 Article 14 of the Government’s Decree No. 02/2024/ND-CP dated
January 10, 2024.
Section
5. DISPOSITION OF HOUSES AND LAND; MANAGEMENT AND UTILIZATION OF HOUSES AND
LAND WHICH ARE PUBLIC PROPERTIES NOT USED FOR RESIDENTIAL PURPOSES AND ASSIGNED
TO LOCAL HOUSING MANAGEMENT AND TRADING ORGANIZATIONS FOR MANAGEMENT AND
UTILIZATION
Article
21. Power to dispose houses and land
Commune-level People's
Committees shall perform duties and exercise jurisdiction of district-level
People's Committees to formulate plans for disposal of houses and land and
inspection of current status of houses and land as prescribed in point b
clause 3 Article 4, clause 1 Article 7 of the Government’s Decree No.
03/2025/ND-CP dated January 01, 2025.
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Commune-level People's
Committees shall perform duties and exercise jurisdiction of district-level
People's Committees specified in point a clause 3 Article 6, clause 4 Article
9, clause 1 Article 13, point c clause 3 Article 17, clause 1 Article 31 of the
Government's Decree No. 108/2024/ND-CP dated August 23, 2024.
Chapter
V
DISTINCTION
OF POWERS OVER MANAGEMENT OF TAX, FEES, PRICES AND INSURANCE BUSINESS UPON
ORGANIZATION OF 02-LEVEL LOCAL GOVERNMENTS
Article
23. Power to decide establishment of tax consulting councils of communes or
wards
Chairpersons of
commune-level People's Committees shall exercise powers of Chairpersons of
district-level People's Committees to decide establishment of tax consulting
councils of communes or wards specified in clause 1 Article 28 of the Law on
Tax Administration.
Article
24. Power to issue enforcement decisions
Chairpersons of
commune-level People's Committees shall exercise powers of Chairpersons of
district-level People's Committees to issue decisions on enforcement of tax
decisions they issued as prescribed in point a clause 3 Article 31, point a
clause 3 Article 32, point a.3 clause 3 Article 34, point a clause 5 Article
35, point a clause 3 Article 36 of the Government’s Decree No. 126/2020/ND-CP
dated October 19, 2020.
Article
25. Cooperation between tax authorities and local governments specified in
Article 25 of the Government’s Decree No. 126/2020/ND-CP dated October 2020
Commune-level People's
Committees shall perform district-level People's Committees’ duties to direct
local functional authorities to cooperate with tax authorities in issuance or
revocation of certificates of business household/cooperative registration in
cases tax debts are cancelled as specified in point d.1 clause 1 Article
25 of the Decree No. 126/2020/ND-CP.
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Commune-level People's
Committees shall perform district-level People's Committees’ duties to
cooperate with tax authorities in direction and provision of guidance for
commune-level authorities on classification of land subject to tax, inspection
and consolidation of results of classification of local land as specified in
Article 6 of the Government's Decree No. 73-CP dated October 25, 1993.
Article
27. Power to perform duties and exercise jurisdiction in the field of
environmental protection fees
Specialized authorities
assigned by commune-level People's Committees shall exercise powers of
district-level Divisions of Natural Resources and Environment to collect
environmental protection fees on air emissions as prescribed in Article 4 of
the Decree No. 153/2024/ND-CP dated November 21, 2024 and environmental protection
fees on wastewater as prescribed in clause 1 Article 3 of the Decree No.
53/2020/ND-CP dated May 05, 2020.
Article
28. Power to establish asset valuation councils upon enforcement by distraining
assets and selling distrained assets at auction
Chairpersons of
commune-level People's Committees shall exercise powers of Chairpersons of
district-level People's Committees to establish asset valuation councils
specified in point a clause 10 Article 35 of the Decree No. 126/2020/ND-CP.
Article
29. Consolidation and appraisal of lists of agricultural producers eligible for
assistance
1. Commune-level People's
Committees shall perform district-level People's Committees’ duties to
consolidate and appraisal lists of agricultural producers eligible for assistance
specified in point b, point c clause 2 Article 24 of the Government's Decree
No. 58/2018/ND-CP dated April 18, 2018.
2. Procedures for
consolidation and appraisal of list of agricultural producers eligible for
assistance shall be followed as follows:
Within 15 days from the
date of receipt of the adequate and valid application specified in clause 1
Article 24 of the Decree No. 58/2018/ND-CP, according to the Prime Minister’s
Decision, the provincial-level People's Committee’s announcement on areas
eligible for assistance specified in clause 2 Article 21 of the Decree No.
58/2018/ND-CP and the application for approval for entities eligible for
assistance, the commune-level People's Committee shall review, consolidate and
appraise list of applicants for approval and send it to the agriculture
authority affiliated to the provincial-level People's Committee.
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1. Commune-level People's
Committees shall perform district-level People's Committees’ duties specified
in clause 4 Article 24 of the Decree No. 58/2018/ND-CP.
2. Procedures for
consolidation and submission of lists of agricultural producers that are no
longer eligible for assistance or poor or near poverty households that are
re-classified shall be followed as follows:
The agricultural producer
included in the decision on approval for the list of agricultural producers eligible
for assistance shall carry out review. In case where such agricultural producer
is no longer eligible for assistance or according to results of annual
investigation and review carried out by the competent authority, a poor or near
poverty household is re-classified, resulting in a change in assistance in
agricultural insurance premiums, within 05 working days from the date on which
the agricultural producer is no longer eligible for assistance or from the
effective date of the decision on recognition of a poor or near poverty
household, the agricultural producer shall send a written notice made using the
Form No. 04 in the Appendix enclosed with the Decree No. 58/2018/ND-CP to the
commune-level People’s Committee.
Within 10 days from the
end of the month, the commune-level People’s Committee shall consolidate and
send the approved list of agricultural producers eligible for assistance to the
agriculture authority affiliated to the provincial-level People's Committee for
review and adjustment to the list according to clause 3 Article 24 of the
Decree No. 58/2018/ND-CP and appraisal the application for provision of
assistance in agricultural insurance premiums as prescribed in point b clause 2
Article 26 of the Decree No. 58/2018/ND-CP.
Article
31. Receipt of Decision to return agricultural insurance premiums covered by
state budget to insurer or request insurer to return agricultural insurance
premiums covered by state budget to state budget
1. The commune-level
People’s Committee shall receive the decision to return agricultural insurance
premiums covered by state budget to the insurer or request the insurer to
return agricultural insurance premiums covered by state budget to state budget,
which was previously sent to the district-level People’s Committee as
prescribed in point c clause 6 Article 27 of the Decree No. 58/2018/ND-CP.
2. Procedures for
exercising power to receive the Decision to return agricultural insurance
premiums covered by state budget to the insurer or request the insurer to
return agricultural insurance premiums covered by state budget to state
budget shall be followed as follows:
According to the
appraisal result, within 10 days, the agriculture authority affiliated to the
provincial-level People's Committee shall prepare and submit a report to the
provincial-level People’s Committee, which will consider issuing the Decision
to return agricultural insurance premiums covered by state budget to the
insurer or request the insurer to return agricultural insurance premiums
covered by state budget to state budget as prescribed in point b clause 6
Article 27 of the Decree No. 58/2018/ND-CP.
Such decision shall be
sent to the agriculture authority and the financial authority affiliated to the
People’s Committee of the province, the State Treasury of the province, the
People’s Committee of the commune where the entities eligible for assistance
and relevant insurers are available.
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The commune-level People’s
Committee shall exercise the power of the district-level People’s Committee to
organize price stabilization within the commune as assigned by the
provincial-level People’s Committee as prescribed in point b clause 2 Article
20 of the Law on Prices and point a clause 2 Article 6 of the Government’s
Decree No. 85/2024/ND-CP dated July 10, 2024.
Chapter
VI
DISTINCTION
OF POWERS OVER STATE MANAGEMENT OF BUSINESS HOUSEHOLDS, ARTELS, COOPERATIVES
AND COOPERATIVE UNIONS UPON ORGANIZATION OF 02-LEVEL LOCAL GOVERNMENTS
Section
1. STATE MANAGEMENT OF BUSINESS HOUSEHOLDS
Article
33. Duties and power to register business households
1. Specialized
authorities or administrative organizations assigned by commune-level People’s
Committees (hereinafter referred to as “commune-level business registration
authorities”) shall perform duties and exercise powers of district-level
Divisions of Finance – Plan (district-level business registration authorities)
to register business households as prescribed in Articles 82, 83, 85, 87, 89,
90, 91, 92, 93 and 94 of the Government’s Decree No. 01/2021/ND-CP dated
January 04, 2021.
2. Commune-level business
registration authorities shall receive and process registration of business
households specified in clause 1 of this Article according to the procedures
specified in Articles 82, 83, 85, 87, 89, 90, 91, 92, 93 and 94 of the Decree
No. 01/2021/ND-CP.
3. Forms used for
registration of business households shall comply with regulations issued by the
Minister of Finance.
Article
34. Responsibilities of business registration authorities at all levels for
registration of business households
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2. Commune-level business
registration authorities shall perform duties and exercise powers of
district-level business registration authorities specified in Article 16 of the
Decree No. 01/2021/ND-CP.
3. Commune-level business
registration authorities shall perform district-level business registration
authorities’ duties to receive copies of enterprise registration certificates
and original certificates of household business registration and shutdown
business households specified in clause 3 Article 27 of the Decree No.
01/2021/ND-CP.
4. Household business
registration principles that were previously applied to district-level
business registration authorities specified in Article 84 of the Decree No.
01/2021/ND-CP shall be applicable to commune-level business registration
authorities
5. Regulations on proper
names of business households within districts specified in clause 4 Article 88
of the Decree No. 01/2021/ND-CP shall apply to business households within
communes.
Section
2. STATE MANAGEMENT OF ARTELS, COOPERATIVES AND COOPERATIVE UNIONS
Article
35. Duties and power to register artels, cooperatives and cooperative unions
1. Commune-level business
registration authorities shall perform duties and exercise powers of
district-level business registration authorities to register artels,
cooperatives and cooperative unions specified in Articles 10, 11, 13, 14, 15,
18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 31, 32, 33, 36, 37, 39, 41, 42, 43,
44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 58, 59, 60, 61, 62, 63, 64
and 65 of the Government’s Decree No. 92/2024/ND-CP dated July 18, 2024.
2. Commune-level business
registration authorities shall receive and process registration of artels,
cooperatives and cooperative unions specified in clause 1 of this Article
according to the procedures specified in Articles 10, 11, 13, 14, 15, 18, 19,
20, 21, 22, 23, 24, 25, 26, 27, 28, 31, 32, 33, 36, 37, 39, 41, 42, 43, 44, 45,
46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 58, 59, 60, 61, 62, 63, 64 and 65
of the Decree No. 92/2024/ND-CP.
3. Forms used for
registration of artels, cooperatives and cooperative unions and notification of
establishment, change or shutdown of artels shall comply with regulations
issued by the Minister of Finance.
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1. Provincial-level business
registration authorities have the same duties and jurisdiction to/over
commune-level business registration authorities as those they previously had
to/over district-level business registration authorities as prescribed in
clause 1 and clause 2 Article 6 of the Decree No. 92/2024/ND-CP.
2. State authorities in
charge of registration of artels, cooperatives and cooperative unions have the
same responsibilities to commune-level business registration authorities as
those they previously had to district-level business registration authorities
as prescribed in clause 1 and clause 4 Article 8 of the Decree No.
92/2024/ND-CP.
3. Commune-level business
registration authorities shall perform duties and exercise jurisdiction of
district-level business registration authorities specified in Article 7 of the
Decree No. 92/2024/ND-CP.
4. Commune-level business
registration authorities shall perform district-level business registration
authorities’ duties to standardize and convert data on registration of artels, cooperatives
and cooperative unions as prescribed in Article 25 of the Decree No.
92/2024/ND-CP.
5. Commune-level business
registration authorities shall perform district-level business registration
authorities’ duties to publish Courts’ decisions to initiate bankruptcy
proceedings and to declare cooperatives or cooperative unions bankrupt as
prescribed in Article 57 of the Decree No. 92/2024/ND-CP.
Article
37. Duties to dispose common assets of members of artels upon shutdown and
assets of cooperatives and cooperative unions upon dissolution or bankruptcy
1. Commune-level People’s
Committees shall perform district-level People’s Committees' duties to receive
dossiers on transfer of common assets which are acquired using the State
financial assistance specified in clause 3 Article 15 of the Government’s
Decree No. 77/2019/ND-CP dated October 10, 2019 (amended by point c clause 7
Article 24 of the Government’s Decree No. 113/2024/ND-CP dated September 12,
2024) and dossiers on transfer of undistributed fund and undistributed assets
upon dissolution or bankruptcy of cooperatives and cooperative unions specified
in Article 21 of the Decree No. 113/2024/ND-CP.
2. Duties specified in
clause 1 of this Article shall be performed according to procedures for
disposal of undistributed fund and undistributed assets of cooperatives and
cooperative unions, which are acquired using the State financial assistance
specified in Article 21 of the Decree No. 113/2024/ND-CP.
Article
38. Duties to report operations and state management of artels
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2. Reports on operations
and state management of artels as prescribed in Article 29 of the Decree No.
77/2019/ND-CP shall be prepared and submitted as follows:
a) Once a year, before
December 16 of each year, each artel shall submit a truthful, full and accurate
report on its operations to the People's Committee of the commune where it
operates according to Form I.04 enclosed with the Decree No. 77/2019/ND-CP. The
data collection period begins from December 15 of the year immediately
preceding the reporting period to December 14 of the reporting period.
b) By December 30, every
year, the commune-level People's Committee shall send a consolidated report on
local operations of the artel of the previous year, integrated with a report on
a cooperative's operations (if any) to the provincial-level People's Committee.
c) By January 30, every
year, the provincial-level People's Committee shall send a consolidated report
on local operations of the artel of the previous year, integrated with a report
on a cooperative's operations (if any) to the Ministry of Finance.
d) Every year, the
Ministry of Finance shall send reports on artels on a nationwide scale,
integrated with reports on cooperatives’ operations (if any) and compliance
with regulations on reports on artels by authorities, organizations and
individuals in accordance with regulations of this Decree to the Prime
Minister.
dd) Artels that have been
registered with business registration authorities are not required to submit
reports to commune-level People’s Committees as prescribed in point a of this
clause.
Article
39. Duties to consolidate demands for assistance in development of
infrastructure and equipment of artels, cooperatives and cooperative unions
1. Commune-level People's
Committees shall perform duties of commune-level and district-level People's
Committees to consolidate demands for assistance in investment in
development of infrastructure and equipment of artels, cooperatives and
cooperative unions specified in clause 7 Article 13 of the Decree No. 113/2024/ND-CP.
2. Procedures for
consolidation of demands for assistance in investment in development of
infrastructure and equipment using public investment funding under the
management of provincial-level People’s Committees shall be followed as
follows:
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b) Based on demands for
assistance in investment in development of infrastructure and equipment, using
public investment funding of local artels, cooperatives and cooperative unions,
within 10 working days, commune-level People’s Committees shall examine and
give their response notifying artels, cooperatives and cooperative unions of
whether their demands are conformable with provisions on principles, eligible
entities, criteria, eligibility requirements and orientations for development
of industries and fields in the period. Commune-level People’s Committees shall
prepare consolidated reports on demands for assistance of local artels,
cooperatives and cooperative unions which are considered conformable with
principles, eligible entities, criteria, eligibility requirements and
orientations for development of industries and fields in the period, and submit
them to Departments of Finance;
c) Based on reports on
demands for assistance received from commune-level People’s Committees,
Departments of Finance shall submit reports to and request provincial-level
People’s Committees to assign their affiliated specialized authorities or
commune-level People’s Committees to prepare reports on proposed investment
guidelines for infrastructure and equipment investment projects for artels,
cooperatives and cooperative unions as prescribed in clause 3 of this Article
on public investment and other relevant laws.
3. Policies on assistance
in investment in development of infrastructure and equipment specified in
clause 8 Article 13 of the Decree No. 113/2024/ND-CP shall be implemented as
follows:
Preparation, appraisal
and issuance of decisions on investment guidelines or preparation, appraisal
and issuance of investment decisions, and preparation and allocation of
medium-term and annual public investment plans for programs/projects prescribed
in clause 6 Article 13 of the Decree No. 113/2024/ND-CP and clause 2 of this
Article shall comply with regulations of the Law on Public Investment and
relevant laws. In case a program/project on assistance in investment in development
of infrastructure and equipment for artels, cooperatives and cooperative unions
under the management of the provincial-level People’s Committee is to be
executed in the territory of a commune and the commune-level People’s Committee
also meets experience and capacity requirements for management and execution of
the program/project, the Chairperson of the provincial-level People’s Committee
shall consider deciding to assign this commune-level People’s Committee to act
as the program/project owner.
Article
40. Duties to initiate procedures for assisting artels, cooperatives and
cooperative unions
1. Commune-level People's
Committees shall perform duties of commune-level and district-level People's
Committees to assist artels, cooperatives and cooperative unions specified in
clause 4 and clause 5 Article 17 of the Decree No. 113/2024/ND-CP.
2. Procedures for
performing the duties specified in clause 1 of this Article shall be followed
as follows:
a) Within 10 days from
its receipt of the application, the commune-level People’s Committee shall send
a notice of acknowledgement of receipt of the application which is made using
Form 02 in the Appendix enclosed with the Decree No. 113/2024/ND-CP to the
artel, cooperative or cooperative union;
b) By June 30, every
year, the commune-level People's Committee shall send a consolidated report on
assistance demands of artels, cooperatives and cooperative unions located in
its commune to the provincial-level People’s Committee for consideration and
assistance.
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c) If the commune-level
People’s Committee is capable of and has sufficient resources for giving assistance,
it shall directly consider giving assistance to the artel, cooperative or
cooperative union within its power.
3. Forms used for
registration of and notification of provision of assistance for artels,
cooperatives or cooperative unions shall comply with regulations issued by the
Minister of Finance.
Chapter
VII
DISTINCTION
OF POWERS OVER DEVELOPMENT OF STATE-OWNED ENTERPRISES UPON ORGANIZATION OF
02-LEVEL LOCAL GOVERNMENTS
Article
41. Power related to conversion from public service providers to joint-stock
companies
1. Provincial-level
People's Committees shall perform duties and exercise jurisdiction of
district-level People's Committees specified in point dd clause 1 Article 2,
point b clause 1 Article 8, clause 5 Article 39, and clause 2 Article 40 of the
Government’s Decree No. 150/2020/ND-CP dated December 25, 2020.
2. Chairpersons of
provincial-level People's Committees shall perform duties and exercise
jurisdiction of Chairpersons of district-level People's Committees specified in
Article 41, clause 5 Article 45 of the Decree No. 150/2020/ND-CP.
Chapter
VIII
DISTINCTION
OF POWERS OVER SOCIAL POLICY CREDIT UPON ORGANIZATION OF 02-LEVEL LOCAL
GOVERNMENTS
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1. Commune-level People's
Committees shall perform duties and exercise jurisdiction of district-level
People's Committees specified in clause 1 Article 25 of the Government’s Decree
No. 78/2002/ND-CP dated October 04, 2002
2. Chairpersons of
commune-level People's Committees shall perform duties and exercise
jurisdiction of Chairpersons of district-level People's Committees specified in
clause 1 Article 26 of the Decree No. 78/2002/ND-CP.
3. Chairpersons of
provincial-level People's Committees shall perform duties and exercise
jurisdiction of Chairpersons of district-level People's Committees specified in
clause 2 Article 26 of the Decree No. 78/2002/ND-CP.
Article
43. Power to perform duties and exercise jurisdiction in the field of
management of risky debts at Vietnam Bank for Social Policies
1. Commune-level People's
Committees shall assign duties and jurisdiction of district-level labor,
invalids and social affairs authorities specified in clause 7 Article 1 of the Decision
No. 08/2021/QD-TTg dated March 11, 2021 of the Prime Minister.
2. Provincial-level or
commune-level health insurance-covered primary care providers shall
perform duties and exercise jurisdiction of district-level or equivalent-level
health insurance-covered primary care providers specified in clause 7
Article 1 of the Decision No. 08/2021/QD-TTg.
Chapter
IX
IMPLEMENTATION
CLAUSES
Article
44. Effect
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2. This Decree ceases to
have effect from March 01, 2027, except for the following cases:
a) Ministries or
ministerial authorities request the Government to propose to the National
Assembly extension of all or part of this Decree;
b) If any Law, Resolution
of the National Assembly, Ordinance, Resolution of the National Assembly
Standing Committee, Decree or Resolution of the Government, Decision of the
Prime Minister containing regulations on powers, state management
responsibilities, procedures specified in this Decree is approved or issued
from July 01, 2025 and takes effect before March 01, 2027, corresponding
regulations in this Decree will cease to have effect at the time such
legislative documents take effect.
3. During the effective
period of this Decree, if other relevant legislative documents contain
regulations on powers, state management responsibilities, procedures other than
those in this Decree, regulations in this Decree shall apply.
4. State budget shall
cover recurrent expenditures on duties distinguished among authorities and organizations
upon application of the 02-level local government model.
5. Regarding business
households, artels, cooperatives and cooperative unions:
a) Each commune-level
business registration authority has its own account and seal to register
business households, artels, cooperatives and cooperative unions;
b) People's Committees at
all levels shall be responsible for sufficiently providing human resources,
funding and other necessary facilities for commune-level business registration authorities
to perform duties and exercise jurisdiction as prescribed in this Decree.
6. In case the
commune-level People's Committee does not organize specialized authorities, the
commune-level People's Committee shall perform duties and exercise jurisdiction
of such specialized authorities and commune-level authorities in charge of
managing finances, public assets, and market infrastructure assets affiliated
to the commune-level People's Committee as prescribed in this Decree.
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Article
45. Transitional clauses
1. Transitional clauses
on distinction of powers over state management of business households, artels,
cooperatives and cooperative unions:
a) If an application for
registration of a business household, artel, cooperative or cooperative union
has been received but has not yet been approved by the district-level business
registration authority before the effective date of this Decree, regulations of
this Decree shall apply.
If the application for
registration of the business household, artel, cooperative or cooperative union
has been approved by the district-level business registration authority but
issues arise and need to be resolved after the effective date of this Decree,
the business registration authority of the commune where the business
household, artel, cooperative or cooperative union is headquartered shall
continue to process such application.
b) The business
household, artel, cooperative or cooperative union is entitled to continue to
use the issued certificate of household business registration, certificate of
artel registration, certificate of cooperative registration, and certificate of
branch/representative office/business location registration.
The business household,
artel, cooperative or cooperative union shall update its address due to change
in administrative boundaries to the certificate of household business
registration, certificate of artel registration, certificate of cooperative
registration, and certificate of branch/representative office/business location
registration when requested or when registering change or notifying change in
other contents included in the application for registration of the business
household, artel, cooperative or cooperative union.
2. Transitional clauses
on amendments to regulations on bidding for selection of investors:
a) Regarding projects the
bidding documents or EOI requests of which are issued by district-level
People's Committees before the effective date of this Decree, provincial-level
People's Committees shall assign specialized authorities, authorities
affiliated to provincial-level People's Committees, economic zone management
boards or commune-level People's Committees that receive these projects after
application of the 02-level local government organization model shall fulfill
responsibilities of EOI requesters and procuring entities in accordance with
regulations of the law on bidding;
b) Regarding projects the
bidding documents of which are approved by Chairpersons of district-level
People's Committees under authorization by Chairpersons of provincial-level
People's Committees but have not yet been approved before the effective date of
this Decree, Chairpersons of provincial-level People's Committees shall approve
the bidding documents or authorize heads of specialized authorities, authorities
affiliated to provincial-level People's Committees, Heads of Economic Zone
Management Boards, Chairpersons of commune-level People's Committees that
receive such projects, after application of the 02-level local government
organization model to approve the bidding documents;
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d) Regarding any project
involving in at least 02 commune-level administrative divisions, according to
each project’s specific conditions, the provincial-level People's Committee
shall decide to assign a specialized authority, authority affiliated to the
provincial-level People's Committee or the commune-level People's Committee
which receives the project after the application of 02-level local government
organization model to assume responsibility of the EOI requester, the procuring
entity; the Chairperson of the provincial-level People's Committee shall decide
to authorize the Chairperson of the commune-level People's Committee to approve
bidding documents.
District-level People's
Committees that are being assigned to act as EOI requesters and procuring
entities before the effective date of this Decree shall completely hand over
works, documents and funding related to bidding for selection of investors to
authorities, organizations and units assigned to receive the projects specified
in point a of this clause within the time limit as prescribed in the Law on
amendments to the Law on Organization of Local Government;
dd) Regarding investment
projects involving land use of which the bidding documents are being made and
appraised but have not yet been approved before the effective date of this
Decree, the procuring entities using land areas, land funds, and land plots in
all locations of administrative divisions of communes where works and items
exist (except for route-based works and items) shall establish standards for
assessment of efficiency in land use in the bidding documents within the period
after application of the 02-level local government organization model and land
areas, land funds, and land plots in all locations of administrative divisions
of districts by comparing with the period before application of the 02-level
local government organization model.
3. Transitional clauses
on distinction of powers over confirmation of the amounts of compensation,
support or relocation deducted from land levies or land rents payable:
Regarding projects
involving at least 02 communes of which the plans for compensation/site
clearance have been approved by district-level People's Committees,
Chairpersons of provincial-level People's Committees shall decide to assign
authorities affiliated to provincial-level People's Committees or commune-level
People's Committees to confirm the amounts of compensation, support or
relocation deducted from land levies or land rents payable with regard to land
area in communes./.
ON BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Nguyen Hoa Binh