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THE GOVERNMENT
OF VIETNAM
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No: 131/2025/ND-CP
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Hanoi, June 12, 2025
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DECREE
ON DISTINCTION OF POWERS OF TWO-LEVEL LOCAL GOVERNMENTS IN
FIELDS OF STATE MANAGEMENT UNDER THE MINISTRY OF AGRICULTURE AND ENVIRONMENT
Pursuant to the Law on
Government Organization 2025;
Pursuant to the Law on
Organization of Local Government 2025;
Pursuant to Resolution
No. 190/2025/QH15 dated February 19, 2025, of the National Assembly, on resolution
of certain issues related to the restructuring of the State organizational
apparatus;
At the request of the
Minister of Agriculture and Environment;
The Government hereby
issues a Decree on distinction of powers of two-level local governments in
fields of state management under the Ministry of Agriculture and Environment.
Chapter I
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Article 1. Scope
This a Decree provides for
the distinction of powers of two-level local governments in fields of state
management under the Ministry of Agriculture and Environment (excluding land);
procedures for carrying out administrative procedures when distinguishing
powers authority from district-level government to commune-level or
provincial-level government.
Article 2. Rules for
distinction of powers
1. Ensure compliance with
the Constitution and the principles and regulations on the distinction of
powers in the Law on Government Organization and the Law on Local Government
Organization.
2. Ensure the clear distinction
of tasks and powers between different levels of local government; ensure
consistency with the tasks, powers, and capabilities of the agencies and
individuals authorized to perform the assigned tasks and powers.
3. Ensure a clear
distinction of powers between the People's Council, the People's Committee, and
the President of the People's Committee; clearly distinguish the general powers
of the People's Committee and the specific powers of the President of the
People's Committee.
4. Clearly determine the
content and scope of tasks and powers that local governments are authorized to
decide on, organize, implement, and be responsible for the results of; avoid
duplication and overlap in tasks and powers between different levels of local
government and between agencies and organizations under local government.
5. Ensure the legal basis
for the normal, continuous, and smooth operation of agencies; prevent work
interruptions, overlaps, duplications, and omissions in functions, tasks,
fields, and administrative divisions; meet local governance requirements; apply
science, technology, innovation, and digital transformation.
6. Ensure human rights and
civil rights; ensure openness and transparency, enable individuals and
organizations’ access to information, exercising their rights and obligations,
and following procedures as prescribed by law; do not affect the normal
functioning of society, citizens, and businesses.
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8. Ensure uniformity in
the organization and implementation of the Constitution and laws; ensure
openness, transparency, accountability, and effective control of power, coupled
with the responsibility of inspection, auditing, and supervision by superior
state authorities.
9. Funding for the
transfer of tasks shall be covered by the state budget as prescribed.
Article 3. Fees and
charges for administrative procedures at all levels
Organizations and
individuals performing administrative procedures are required to pay fees and
charges as prescribed by law. These fees and charges shall be paid upon request
to the receiving agency, except in cases exempted by law. Fee and charge payers
may choose to pay in person, online through the National Public Service Portal,
or through the Ministerial or Provincial administrative procedure information
system. The fee and charge rates, management, and use of fees and charges shall
comply with the regulations of the Government, the Minister of Finance, or the
Provincial People's Council for the respective fees and charges.
Chapter II
DISTINCTION OF POWERS OF
TWO-LEVEL LOCAL GOVERNMENTS
Section 1. CROP
PRODUCTION AND PLANT PROTECTION
Article 4.
Responsibilities of the commune level People's Committee
1. Organize the collection
and processing of used pesticide packaging and the disposal of unclaimed
pesticides in the commune as directed by the provincial People's Committee as
specified in point d of clause 1 of Article 8 of the Law on Plant Protection
and Quarantine.
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Section 2. ANIMAL
HUSBANDRY AND VETERINARY
Article 5. Powers of
the President of the Provincial People's Committee
1. Declare an outbreak of
terrestrial animal disease when the outbreak occurs in the area of two or
more commune-level administrative divisions as prescribed in point b of clause
4 of Article 26 of the Law on Veterinary Medicine.
2. Declare the end of a
terrestrial animal disease outbreak as prescribed in clause 2 of Article 31 of
the Law on Veterinary Medicine.
Article 6. Powers of
the commune-level People's Committee
1. Organize the management and development of animal husbandry
in the commune; compile statistics, assess and provide compensation for losses
to livestock facilities after natural disasters and outbreaks as prescribed in
point c of clause 2 of Article 80 of the Law on Animal Husbandry.
2. Allocate funds and organize the prevention and control of
animal diseases; compile statistics, assess, and provide compensation for
losses to livestock and aquaculture farmers after animal disease outbreaks as
specified in point c of clause 2 of Article 9 of the Law on Veterinary Medicine.
3. Allocate funds for handling animal disease outbreaks; direct
relevant departments, committees, central authorities to identify animal
disease outbreaks, announce them through local media, and provide guidance on
the implementation of veterinary hygiene measures in animal husbandry,
slaughter, transportation, and trading of animals and animal products as
specified in clause 4 of Article 25 of the Law on Veterinary Medicine.
4. Manage the operation of centralized animal slaughter
facilities; the preliminary processing, processing, transport, trading of
animals and animal products, and veterinary hygiene in the area as specified in
point b of clause 2 of Article 76 of the Law on Veterinary Medicine.
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6. Provide support for
allocating land for the construction of livestock facilities for those
relocated in accordance with point a of clause 2 of Article 7 of Decree No.
106/2024/ND-CP of the Government dated August 1, 2024, on policies to support
improvement of animal husbandry efficiency.
Article 7. Powers of
the President of commune-level Provincial People's Committee
1. Allocate land, lease land, and create land banks within
his/her authority for the development of animal husbandry and the cultivation
of feed crops as prescribed in point b of clause 2 of Article 80 of the Law on
Animal Husbandry.
2. Declare an outbreak of terrestrial animal disease when the
conditions for declaration are met and the outbreak occurs within the commune
as prescribed in point a of clause 4 of Article 26 of the Law on Veterinary
Medicine.
3. Declare the end of a terrestrial animal disease outbreak
occurring within the commune as prescribed in clause 2 of Article 31 of the Law
on Veterinary Medicine.
4. Submit request to the President of the provincial People's
Committee for decision on financial support, supplies, and resources when the
requirements for animal disease prevention and control exceed the local capacity
as prescribed in point d of clause 4 of Article 27 and point d of clause 4 of
Article 35 of the Law on Veterinary Medicine.
5. Implement policies to support the prevention and control of
animal diseases, recovery from losses from animal diseases, and restore
aquaculture in the commune in accordance with point d of clause 5 of Article 33
of the Law on Veterinary Medicine.
The procedures for
implementation are specified in clause 1 of Article 9 of Decree No.
116/2025/ND-CP dated June 5, 2025 of the Government, on policies to support the
recovery from losses from animal diseases.
6. Provide financial support for materials used in artificial
insemination of livestock, including frozen semen, liquid nitrogen, gloves, and
insemination tools for breeding female buffaloes and cows; Costs for semen
doses used for artificial insemination of sows, and remuneration for those
providing artificial insemination services for livestock (buffaloes, cattle) as
specified in Clause 2 of Article 14 of Decree No. 106/2024/ND-CP.
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7. Make decision on
approving financial support for training to transition from animal husbandry to
other occupations; costs for individuals trained in artificial insemination
techniques for livestock (buffaloes, cattle); costs of purchasing liquid
nitrogen tanks for preserving semen for those providing artificial insemination
services for livestock (buffaloes, cattle) under policies using non-business
capital from state budget as specified in Clause 3, Article 14 of Decree No.
106/2024/ND-CP.
The procedures are
specified in Section 2 of Appendix I attached hereto.
Section 3. FISHERIES
AND FISHERIES RESOURCES SURVEILLANCE
Article 8. Powers of
the commune-level Provincial People's Committee
1. Assign sea areas to
Vietnamese individuals with registered dossiers when such individuals must
transition from coastal fishing to aquaculture according to a decision of a
competent state authority or are permanent residents whose main source of livelihood
is income from aquaculture, as confirmed by the President of the People's
Committee of the commune where they permanently reside, in accordance with
point a of clause 2 of Article 44 of the Fisheries Law.
2. Recognize and assign management rights in protecting aquatic
resources in the area under their management in accordance with point b of
clause 2 of Article 10 of the Fisheries Law, and clause 2 of Article 5 of
Decree No. 26/2019/ND-CP dated March 8, 2019 of the Government, on elaboration
on and measures for the implementation of the Fisheries Law.
The procedures are
specified in Section 1 of Appendix II attached hereto.
3. Amend decisions to recognize and assign management rights to
community organizations in accordance with Clause 5 of Article 5 of Decree No.
26/2019/ND-CP.
The procedures are
specified in Section 2 of Appendix II attached hereto.
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The procedures are
specified in Article 61 of Decree No. 26/2019/ND-CP amended by Clause 32 of
Article 1 of Decree No. 37/2024/ND-CP dated April 4, 2024 of the Government.
5. Fulfill the
responsibility for cooperating with provincial state regulatory authority on
fisheries in organizing the handling of endangered, rare, and precious aquatic
species that have died and must not be kept, preserved, or processed into
specimens for research, dissemination, and education purposes, in accordance
with customs and regulations of laws on veterinary medicine, environmental
protection, and animal and plant quarantine in accordance with Clause 8 of
Article 8 of Decree No. 26/2019/ND-CP amended by Decree No. 37/2024/ND-CP.
6. Assess beneficiaries of
support policy in accordance with Clause 2 of Article 10 of Decree No.
67/2014/ND-CP dated July 7, 2014 of the Government, on some policies for
fisheries development amended by Clause 16 of Article 1 of Decree No.
17/2018/ND-CP dated February 2, 2018 of the Government.
7. The President of the
People's Committee of the special zone shall act as a member of the Management
Board of the Khanh Hoa Fisheries Development Support Fund in accordance with
Clause 3 of Article 5 of Decree No. 11/2023/ND-CP dated April 13, 2023 of the
Government, on the establishment and operational regulations of the Khanh Hoa
Fisheries Development Support Fund.
Section 4. FORESTRY AND
FOREST RANGERS
Article 9.
Responsibilities of the provincial People's Committee
Direct the Commune-level
People's Committee to carry out the liquidation of planted forests in
accordance with point a of clause 3 of Article 13 of Decree No. 140/2024/ND-CP
dated October 25, 2024 of Government, on the liquidation of planted forests.
Article 10. Powers of
the President of the Provincial People's Committee
1. Mobilize, coordinate,
and assign forces, vehicles, equipment/devices, tools, supplies, and resources
for forest fire fighting; ensure the necessary conditions for forest fire
fighting.
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2. Make decisions on the
allocation of funds from the local budget and other legitimate financial sources
annually to ensure forest fire prevention and fighting activities in the area
in accordance with the law.
Article 11. Powers of
the commune-level People's Council
1. Approve the plan for
using forest environmental service funds, and review and approve the statement
report of such funds of the commune-level People's Committee in accordance with
Clause 4, Article 70 and Point g, Clause 4, Article 71 of Decree No.
156/2018/ND-CP dated November 16, 2018 of the Government, elaborating the
Forestry Law amended by Decree No. 91/2024/ND-CP dated July 18, 2024 of the
Government.
2. Approve the annual
financial plan and statement report of the commune-level People's Committee in
accordance with points d and e of Clause 3 of Article 9, and points d of Clause
1 and d, Clause 2 of Article 12 of Decree No. 107/2022/ND-CP dated December 28,
2022 of the Government, on piloting transfer of emissions reductions (ERs) and
financial management under emissions reduction payment agreement in North
Central Region.
Article 12. Powers of
the commune-level People's Committee
1. Conduct forest
classification and forest boundary delimitation in the commune in accordance
with point c of Clause 2 of Article 102 of the Forestry Law.
2. Conduct forest surveys,
forest inventories, and monitoring of forest changes in the commune in
accordance with point e of Clause 2 of Article 102 of the Forestry Law.
3. Develop a project for
land and forest allocation for areas of forest not yet allocated or leased in
accordance with point h of clause 2 of Article 102 of the Forestry Law.
4. Develop a plan for
forest reclassification for forest areas owned by households, individuals, and
local communities in accordance with clause 1 of Article 39 of Decree No.
156/2018/ND-CP amended by Decree No. 91/2024/ND-CP.
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6. Receive applications
for investment credit support for large-timber forest planting from forest
owners who are households or individuals as stipulated in Point d of Clause 2
of Article 15 of Decree No. 58/2024/ND-CP.
7. Provide funding to support the development of sustainable
forest management plans and issue sustainable forest management certificates to
forest owners who are households, individuals, and local communities, as
specified in point b, clause 4, Article 16 of Decree No. 58/2024/ND-CP.
8. Prepare a site
inspection report to determine the cause and extent of forest damage for the
liquidation of planted forests as specified in clauses 1 and 5 of Article 10 of
Decree No. 140/2024/ND-CP dated October 25, 2024 of the Government, on the
liquidation of planted forests.
Article 13. Powers of
the President of the commune-level People's Committee
1. Approve requests for
timber production in production forests that are natural forests for forest
owners who are households, individuals, and local communities as specified in
point b, clause 1, Article 58 of the Forestry Law.
The procedures are
specified in Section 1 of Appendix III attached hereto.
2. Allocate forests to
households, individuals, and local communities as specified in clause 2,
Article 23 and point d of clause 2 of Article 102 of the Forestry Law, and
clause 1 of Article 36 of Decree No. 156/2018/ND-CP amended by Decree No.
91/2024/ND-CP.
The procedures shall
comply with the Government's regulations on the distinction of powers of
two-level local governments, and the delegation and devolvement of powers in
the field of land.
3. Leasing out forests to
households and individuals as specified in Clause 2 of Article 23 and Point d
of Clause 2 of Article 102 of the Forestry Law, and Clause 3 of Article 36 of
Decree No. 156/2018/ND-CP.
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4. Reclaim forest in
accordance with Clause 2 of Article 23 of the Forestry Law amended by Article
248 of the Land Law 2024; Clause 3 of Article 23; Point d of Clause 2, of
Article 102 of the Forestry Law; Clauses 1, 2, 3, and 4 of Article 43 of Decree
No. 156/2018/ND-CP amended by Decree No. 91/2024/ND-CP.
The procedures shall be
carried out in accordance with the Government's regulations on the distinction
of powers of two-level local governments, and the delegation and devolvement of
powers in the field of land.
5. Repurpose forest land
for individuals in accordance with Clause 2 of Article 23 of the Forestry Law,
amended by Point b of Clause 6 of Article 248 of the Land Law, Point d of
Clause 2 of Article 102 of the Forestry Law; Clause 2 of Article 41b and
Article 42 of Decree No. 156/2018/ND-CP amended by Decree No. 91/2024/ND-CP.
The procedures are
specified in Section 3 of Appendix III attached hereto.
6. Organize the appraisal
of design and cost estimates for silviculture works or the appraisal of
adjustments to the design and cost estimates of silviculture works using public
investment capital as prescribed in point d of clause 1 of Article 31 and
Article 33 of Decree No. 58/2024/ND-CP dated May 24, 2024, on some investment
policies in forestry.
The procedures are
specified in Section 4 of Appendix III attached hereto.
7. Organize periodic and
sudden inspections of forest fire safety as prescribed in point b of clause 3
of Article 50 of Decree No. 156/2018/ND-CP.
8. Mobilize, coordinate, and assign forces, vehicles, devices,
equipment, tools, materials, and resources for forest fire fighting; ensuring
conditions for firefighting.
When the person in charge
of directing and commanding forest firefighting as specified in Clause 1 of
Article 10 hereof is not present, the President of the commune-level People's
Committee or the authorized person present at the scene of the fire shall be
the person in charge of directing and commanding forest firefighting.
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Article 14. Addressing
certain issues related to the distinction of powers
1. Plans for forest
allocation, forest leasing, and forest repurposing
a) Plans for forest
allocation, forest leasing, and forest repurposing of the commune-level
People's Committee shall be approved by the provincial People's Committee in
accordance with Clause 1, Article 15 of the Forestry Law amended by Clause 2 of
Article 248 of the Land Law.
b) The content of the Plan
for forest allocation, forest leasing, and forest repurposing shall be
implemented in accordance with Clause 2 of Article 35 of Decree No.
156/2018/ND-CP amended by Decree No. 91/2024/ND-CP.
Adjustments to forest
allocation, forest leasing, and forest repurposing may only be made due to
adjustments to plans at the immediate higher level that change the structure of
forest types (special-use forests, protection forests, production forests) at
the commune level; due to the establishment, merger, full division, partial
division, or adjustment of local administrative divisions; or due to the impact
of natural disasters or environmental incident response that changes the
purpose of the forest; due to changes in resources for plan implementation,
formation of key projects serving national and public interests, and changes in
forest use orientation as specified in point a of clause 5 of Article 35 of
Decree No. 156/2018/ND-CP amended by Decree No. 91/2024/ND-CP.
2. Forest fire safety
plans prepared by the organization or commune-level People's Committee must be
submitted to the Forest Ranger Station and/or commune-level Police authority
for comments as specified in clause 2 of Article 45 of Decree No.
156/2018/ND-CP.
Section 5. IRRIGATION
Article 15. Powers of
the President of the Provincial People's Committee
1. Approve the disaster response plan for works and downstream
areas of dams during the construction of dams, reservoirs, and downstream areas
of dams in the area covering two or more communes as specified in point b of
clause 5 of Article 7 of Decree No. 114/2018/ND-CP dated September 4, 2018 of
the Government, on the management of dam and reservoir safety.
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2. Approve the disaster response plan for works and downstream
areas of dams during the construction of dams, reservoirs, and downstream areas
of dams in the area covering two or more communes as specified in point b of
clause 5 of Article 7 of Decree No. 114/2018/ND-CP.
The procedures are
specified in Section 2 of Appendix IV attached hereto.
Article 16. Powers of
the commune-level People's Committee
1. Manage irrigation works as prescribed in point b of clause 1
of Article 21 of the Law on Irrigation.
2. Approve plans for protecting irrigation works as prescribed
in point b of clause 3 of Article 41 of the Law on Irrigation.
3. Develop plans and implementing the dismantling or relocation
of works as prescribed in clause 3 of Article 48 of the Law on Irrigation.
4. Perform state management tasks regarding irrigation as
prescribed in clause 2 of Article 57 of the Law on Irrigation.
5. Receive declarations
and registrations for safety of small irrigation dams and reservoirs in the
commune, compiling reports to the Department of Agriculture and Environment as
prescribed in point a of clause 3 of Article 10 of Decree No. 114/2018/ND-CP.
6. Provide comments on the
draft procedures for operating water reservoirs in the commune as specified in
point b of clause 4 of Article 12 of Decree No. 114/2018/ND-CP.
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8. Appoint representatives
to participate in the Provincial Dam and Reservoir Safety Assessment Advisory
Council in accordance with point b of clause 6 of Article 17 of Decree No.
114/2018/ND-CP.
Article 17. Powers of
the President of the commune-level People's Committee
1. Approve and publicly announce the procedures for operating
large and medium-sized irrigation works delegated by the Provincial People's
Committee as specified in point b of clause 3 of Article 24 of the Law on
Irrigation.
The procedures are
specified in Section 3 of Appendix IV attached hereto.
2. Approve and publicly announce the procedures for operating irrigation
reservoirs in the commune in accordance with point c of clause 7 of Article 12
of Decree No. 114/2018/ND-CP.
The procedures are
specified in Section 4 of Appendix IV attached hereto.
3. Approve the outline and results of the inspection of safety
of irrigation dams and reservoirs in accordance with point c of clause 2 of
Article 19 of Decree No. 114/2018/ND-CP.
The procedures are
specified in Section 5 of Appendix IV attached hereto.
4. Approve the plan for protection of dams and reservoirs in
the commune delegated by the Provincial People's Committee in accordance with
point c of clause 5 of Article 23 of Decree No. 114/2018/ND-CP.
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5. Approve the plan for
marking the boundary in the commune delegated by the Provincial People's
Committee in accordance with point d of clause 4 of Article 24 of Decree No.
114/2018/ND-CP.
The procedures are
specified in Section 7 of Appendix IV attached hereto.
Section 6. DIKE
MANAGEMENT AND DISASTER MANAGEMENT
Article 18. Powers of
the commune-level People's Committee
1. Organize the management, protection, repair, upgrading, and
reinforcement of dikes and dike maintenance in the commune; implement the dike
system development plan and flood control plan for river sections with dikes in
the commune in the provincial planning, investment plan for construction,
repair, upgrading, reinforcement, protection, and use of dikes and dike
maintenance; compile and manage information and data on dikes within the
commune; mobilize forces, materials, and equipment/devices to protect dikes and
recover from the consequences of floods, storms, and other natural disasters on
dikes in accordance with Clause 2 of Article 43 of the Law on Dikes amended by
the Law amending Law on Disaster Management and the Law on Dikes.
2. Encourage donation,
receive and allocate resources for emergency relief and medium-term support in
accordance with point c of clause 2 of Article 33 of the Law on Disaster
Management amended by the Law amending the Law on Disaster Management and the
Law on Dikes.
3. Fulfill the
responsibilities for Disaster Management in accordance with clause 1 of Article
43 of the Law on Disaster Management.
4. Ensure funding for the
implementation of benefits and policies for the commune-level Disaster
Management front lines for those not covered by health insurance is they are
ill, injured, or wounded in accordance with clause 6, Article 35 of Decree No.
66/2021/ND-CP dated July 6, 2021 elaborating the Law on Disaster Management and
the Law amending the Law on Disaster Management and the Law on Dikes.
5. Organize the assessment and make decision on support within
its authority or compile reports for the Provincial People's Committee in
accordance with point b of clause 2 of Article 6 of Decree No. 9/2025/ND-CP
dated January 10, 2025 of the Government, on policies on support for
agricultural production for revival of production of areas suffering from
losses caused by natural disasters and plant diseases.
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7. Compile a list of
subjects specified in points i and k of Clause 1 and Clause 2 of Article 13 of
Decree No. 78/2021/ND-CP and submit it to the President of the Provincial
People's Committee for decision on exemption, reduction, or postponement of
contributions to the Disaster Management Fund in accordance with Clause 1 of
Article 14 of Decree No. 78/2021/ND-CP.
8. Develop a plan for
collection of contributions to the Disaster Management Fund at the commune in
accordance with Clauses 6 and 7 of Article 15 of Decree No. 78/2021/ND-CP.
9. Propose the need for
support from the Provincial disaster prevention and control fund in accordance
with Clause 3, Article 17 of Decree No. 78/2021/ND-CP amended by Decree No.
63/2025/ND-CP dated March 5, 2025 of the Government.
10. Transfer at least 72%
of the contributions collected in the commune to the provincial fund's account
in accordance with Point a, Clause 2 of Article 16 of Decree No. 78/2021/ND-CP.
11. Publicize the
collection results and the list of domestic and foreign business organizations
that have contributed to the fund in the commune in accordance with Clause 3 of
Article 20 of Decree No. 78/2021/ND-CP.
Article 19. Powers of
the President of the commune-level People's Committee
1. Mobilize forces,
materials, and equipment/devices for dike maintenance in accordance with point
b of clause 2 of Article 35; make decision on the temporary use of land in
accordance with point d of clause 2 of Article 35 of the Law on Dikes amended
by the Law amending the Law on Disaster Management and the Law on Dikes.
2. Mobilize resources to
serve disaster response activities in accordance with clause 1 of Article 28 of
the Law on Disaster Management amended by the Law amending the Law on Disaster
Management and the Law on Dikes.
3. Respond to level-1
disaster risks in accordance with clauses 3, 4, and 5 of Article 7; respond to
level-2 disaster risks in accordance with clause 3 of Article 8; respond to
level-3 disaster risks in accordance with clause 5 of Article 9; respond to
level-4 natural disasters in accordance with Clause 6 of Article 10 of Decree
No. 66/2021/ND-CP dated July 6, 2021 of the Government, elaborating the Law on
Disaster Management and the Law amending the Law on Disaster Management and the
Law on Dikes.
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The procedures are
specified in Section 1 of Appendix V attached hereto.
5. Receiving, preparing dossiers, and submitting them to the
President of the Provincial People's Committee for decision on accident
benefits provided in the case of whole person impairment of 5% or more or death
for members of the commune-level disaster management front lines in accordance
with point b of clause 4 of Article 35 of Decree No. 66/2021/ND-CP.
The procedures are
specified in Section 2 of Appendix V attached hereto.
6. Allocate land and
arrange housing for households needing relocation; make decisions on the
mobilization of funds, forces, equipment/devices, materials, and relevant
organizations and individuals according to the authority specified in Clause 3
of Article 19 of Decree No. 66/2021/ND-CP.
7. Make decisions on the
exemption of contributions for subjects specified in Clause 2 of Article 14 of
Decree No. 78/2021/ND-CP amended by Decree No. 63/2025/ND-CP dated March 5,
2025.
Article 20. Addressing
certain issues related to the distinction of powers
1. The commune-level
disaster management plan developed by the commune-level People's Committee
shall include the contents as stipulated in Clauses 2 and 3 of Article 15 of
the Law on Disaster Management amended by the Law amending the Law on Disaster
Management and the Law on Dikes.
2. Agencies, organizations,
and individuals specified in Clauses 1 and 2 of Article 15 of Decree No.
78/2021/ND-CP amended by Decree No. 63/2025/ND-CP shall transfer the
contributions to Disaster Prevention and Control Fund collected to the account
of the provincial Disaster Prevention and Control Fund or the commune-level
account authorized by the provincial People's Committee.
Section 7. WATER
RESOURCES
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Collect comments on water
resource extraction projects in accordance with Clauses 1, 4, and 5 of Article
3 of Decree No. 54/2024/ND-CP dated May 16, 2024 of the Government, on
groundwater drilling practicing, water resource-related declaration,
registration, licensing and services and fees for water resource extraction
right.
The procedures are
specified in Section 1 of Appendix VI attached hereto.
Article 22. Powers of
the commune-level People's Committee
1. Organize response to
and recover from consequences of water source pollution incidents; monitor, detect,
and participate in resolving water source pollution incidents within its
authority; implement measures to prevent, control, and recover from damage
caused by water in accordance with point b of clause 2 of Article 80 of the Law
on Water Resources.
2. Periodically compile
and report to the Provincial People's Committee on the extraction of
groundwater by households for domestic use in accordance with point d of clause
3 of Article 80 of the Law on Water Resources.
3. Cooperate with the
Department of Agriculture and Environment in providing comments on the
establishment and adjustment of the List of water sources requiring protection
corridors in the commune in accordance with point a of clause 3 and clause 4 of
Article 26 of Decree No. 53/2024/ND-CP elaborating the Law on Water Resources.
4. Cooperate with the
Department of Agriculture and Environment in determine the boundary markers of
the water source protection corridor on cadastral maps and land use status maps
in accordance with Clause 1 of Article 27 of Decree No. 53/2024/ND-CP.
5. Cooperate with the
organization managing and operating the hydropower reservoir in developing a
plan for marking the boundary of the water source protection corridor of the
reservoir in accordance with Clause 3 of Article 28 of Decree No. 53/2024/ND-CP.
6. Provide opinions on the
plan for marking the boundary of the water source protection corridor in
accordance with point b of clause 4 of Article 28 of Decree No. 53/2024/ND-CP.
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8. Cooperate with the
Department of Agriculture and Environment in submitting to the plan for marking
the boundary of the water source protection corridor in the commune the
Provincial People's Committee for approval in accordance with Clause 2 of
Article 29 of Decree No. 53/2024/ND-CP.
9. The People's Committee
of the commune whose area falls within the prohibited or restricted groundwater
extraction zone shall provide opinions on the dossier on approval of the
prohibited or restricted groundwater extraction zone and the plan and roadmap
for organizing the implementation of the prohibition or restriction of
groundwater extraction in accordance with Point b of Clause 2 of Article 38 of
Decree No. 53/2024/ND-CP.
10. Cooperate with the
Department of Agriculture and Environment in compiling a list of lakes, ponds,
swamps, and lagoons that are not allowed to be filled in within the province
and provide opinions on such list in accordance with point a of clause 2 of
Article 57 of Decree No. 53/2024/ND-CP.
11. Propose and provide
opinions on removing lakes, ponds, swamps, and lagoons from the list of lakes,
ponds, swamps, and lagoons within the province that are not allowed to be
filled in, in accordance with point a of clause 3 of Article 58 of Decree No.
53/2024/ND-CP.
12. Fulfill the
responsibilities for state management in accordance with Clause 3 of Article 31
and Clause 3 of Article 95 of Decree No. 53/2024/ND-CP; and Clause 4 of Article
57 of Decree No. 54/2024/ND-CP.
Article 23. Powers of
the President of the commune-level People's Committee
Organizations registering
for groundwater extraction must comply with Clause 3 of Article 53 of the Law
on Water Resources and Clause 3 of Article 15 of Decree No. 54/2024/ND-CP.
The procedures are
specified in Section 2 of Appendix VI attached hereto.
Article 24. Addressing
certain issues related to the distinction of powers
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2. The water level
extraction limit for porous aquifers in administrative divisions in the Red
River Delta region shall not exceed 35 m, for porous aquifers in the Southeast
region shall not exceed 40 m, and in the Mekong Delta region shall not exceed
35 m in accordance with points a and b of clause 2 of Article 32 of Decree No.
53/2024/ND-CP.
3. The public disclosure
of information in accordance with Clause 1 of Article 4 of Decree No.
54/2024/ND-CP shall be carried out in the following forms:
a) Publication on mass
media and the website of the Provincial People's Committee;
b) At least 60 days before
the commencement of construction and throughout the construction process, the
organization or individual investing in the project must publicly post the
information at the Commune-level People's Committee and at the construction
site.
Section 8. ENVIRONMENT
Article 25. Powers of
the commune-level People's Committee
1. Invest in the
construction of environmental protection infrastructure for industrial clusters
in accordance with point a of clause 5 of Article 52 of the Law on
Environmental Protection if investors on construction and commercial operation
of industrial cluster infrastructure are not available.
2. Claim compensation for
damages and organize the collection and assessment of data and evidence to
determine environmental damage caused by pollution and degradation within at
least 02 communes; organize the collection and assessment of data and evidence
to determine environmental damage caused by pollution and degradation at the
request of the commune-level People's Committee in accordance with points a and
b of clause 2 of Article 131 of the Law on Environmental Protection
3. Receive reports on
craft villages and approve environmental protection plans for craft villages
submitted by the commune-level People's Committees in accordance with Clause 2
of Article 33 and Point a of Clause 5 of Article 35 of Decree No. 08/2022/ND-CP
dated January 10, 2022 of the Government, elaborating the Law on Environmental
Protection.
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1. Issue environmental licenses in accordance with Clause 4 of
Article 41 of the Law on Environmental Protection for investment projects and
facilities belonging to groups I, II, and III in accordance with Appendices
III, IV, and V issued with Decree No. 08/2022/ND-CP amended by Decree No.
05/2025/ND-CP dated January 6, 2025 of the Government, which requires the
preparation of an application for an environmental license in accordance with
Article 39 of the Law on Environmental Protection when one of the following
cases applies:
a) There is a discharge of
domestic wastewater into the environment that must be treated, with a total
flow rate of 50 m3/day or more;
b) Industrial wastewater
discharged into the environment must be treated in case of facilities or
projects classified as posing a risk of environmental pollution in accordance
with Appendix II of Decree No. 08/2022/ND-CP (amended by Decree No.
05/2025/ND-CP). Livestock farming and slaughtering of livestock and poultry
shall comply with the regulations in point c of this clause;
c) There is industrial
wastewater discharged into the environment must be treated with a total flow
rate of 10 m3/day or more;
d) There is domestic and
industrial wastewater discharged into the environment must be treated as
stipulated in points a and c of this clause with a total flow rate of 50 m3/day
or more;
dd) Exhaust gas emissions
discharged into the environment must be treated with a total flow rate of 2,000
m3/hour or more upon official operation;
e) There is a regular
generation of hazardous waste with a total volume of 100 kg/month or more, or
1.00 kg/year or more, and there is wastewater or exhaust gas that must be
treated before being discharged into the environment during operation.
2. Renewal, adjustment,
re-issuance, and revocation of environmental licenses in accordance with point
b of clause 2 of Article 168 of the Law on Environmental Protection.
The procedures, and
related documents for exercising the authority and tasks stipulated in Clauses
1 and 2 of this Article shall be implemented in accordance with the provisions of
Articles 43 and 44 of the Law on Environmental Protection and Articles 29 and
30 of Decree No. 08/2022/ND-CP dated January 10, 2022 amended by Clauses 11 and
12 of Article 1 of Decree No. 05/2025/ND-CP dated January 6, 2025.
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Allocate funds for
environmental protection tasks according to the current budget level as
specified in point h of clause 2 of Article 168 of the Law on Environmental
Protection.
Article 28. Powers of
the commune-level People's Committee
1. Compile a list of
industrial clusters without centralized wastewater collection, drainage, and
treatment systems in the commune and report to the Provincial People's
Committee in accordance with point b of clause 5 of Article 52 of the Law on
Environmental Protection.
2. Consolidate budget
needs for environmental protection activities in craft villages in accordance
with point a of clause 5 of Article 56 of the Law on Environmental Protection.
3. Direct and implement
environmental protection models for craft villages; invest in the construction
and operation of solid waste collection and treatment models and on-site
wastewater treatment systems that meet environmental protection requirements,
which are funded by the State from the budget for construction and
environmental protection, and contributions of organizations and individual in
accordance with point b of clause 5 of Article 56 of the Law on Environmental
Protection.
4. Manage production,
business operation and service provision in accordance with environmental
protection regulations according to the approved planning; manage waste
collection and treatment within the commune; invest in and upgrade systems for
wastewater drainage and treatment systems, solid waste collection and treatment
in rural areas; organize monitoring and assessment of changes in environmental
quality; zone, deal with, improve, renovate and remediate environment in
polluted points and areas in rural areas in accordance with point b of clause 2
of Article 58 of the Law on Environmental Protection.
5. Report to the
same-level People's Council and the provincial People's Committee on
environmental protection in the commune in the previous year before January
31st in accordance with point a of clause 1 of Article 118 of the Law on
Environmental Protection.
6. Announce environmental
incidents in accordance with clause 2 of Article 125 of the Law on
Environmental Protection.
7. Organize surveys and
assessments of the current environmental situation and direct the implementation
of environmental restoration plans for environmental incidents at the commune in
accordance with point a of clause 2 of Article 126 and clause 4 of Article 127
of the Law on Environmental Protection; direct the implementation of
environmental renovation and remediation after waste incidents in the commune
in accordance with point a of clause 2 of Article 13 of Decision No.
11/2025/QD-TTg dated April 23, 2025 of the Prime Minister, issuing the
Regulations on responding to waste incidents.
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9. Issue plans for
responding to environmental incidents in accordance with Clause 2 of Article
127 of the Law on Environmental Protection.
10. Claim compensation for
environmental damage caused within areas under its management; request the
provincial People’s Committee to organize collection and verification of data
and evidence to determine environmental damage caused by pollution or
degradation in accordance with Point a of Clause 2 of Article 131 of the Law on
Environmental Protection.
11. Provide guidance for
and inspecting investors operating industrial cluster infrastructure and
business owners within industrial clusters in accordance with point a of clause
4 of Article 49 of Decree No. 08/2022/ND-CP dated January 10, 2022 of the
Government, elaborating the Law on Environmental Protection.
12. Handling or
cooperation in processing of investment procedures, request competent
authorities to consider whether new projects or operating projects with
increased capacity which generate wastewater in the centralized area for
production, business operation and service provision conform to the
requirements for environmental protection in accordance with point b of clause
4 of Article 49 of Decree No. 08/2022/ND-CP
13. Publicize the
commune-level environmental incident response plan on the website of the
commune-level People's Committee and send it to relevant agencies in the
commune and the immediate superior authority in accordance with Clause 2 of
Article 110 of Decree No. 08/2022/ND-CP.
Article 29. Powers of
the President of the commune-level People's Committee
1. Receive environmental license applications for projects and
facilities subject to the regulations in Clause 4 of Article 41 of the Law on
Environmental Protection, except for cases specified in Clause 1 of Article 26
hereof.
2. Direct emergency
response, mobilize resources, equipment and vehicles and appoint a commander
and spokesman to respond to the emergency occurring within the commune in
accordance with Point b of Clause 4 of Article 125 of the Law on Environmental
Protection; direct emergency response, mobilize resources, equipment and
vehicles and appoint a commander and spokesman to respond to the emergency
occurring within the commune in accordance with the Regulation on responses to
waste-related emergencies issued together with Decision No. 11/2025/QD-TTg
dated April 23, 2025 of the Prime Minister.
3. Establish teams for
unannounced, sudden inspection in accordance with point e, clause 2, Article
163 of Decree No. 08/2022/ND-CP.
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5. Establish working teams
for determination of the causes of commune-level emergencies immediately after
their occurrence in accordance with point a of clause 1 of Article 9 of the
Regulation on responses to waste-related emergencies issued together with
Decision No. 11/2025/QD-TTg.
Article 30. Addressing
certain issues related to the distinction of powers
1. Environmental incidents
specified in Clause 1 of Article 123 of the Law on Environmental Protection
include the following levels: grassroots-level environmental incidents,
commune-level environmental incidents, provincial environmental incidents, and
national environmental incidents.
2. A commune-level
environmental incident is an environmental incident that exceeds the scope of a
grassroots-level incident and involves pollution and environmental degradation
within the territory of a commune-level administrative unit.
3. A commune-level waste
incident is an environmental incident caused by leakage, spillage, or
dispersion of waste during the generation, collection, storage, transfer,
transport, preliminary processing, treatment, co-processing, recycling, energy
recovery, or disposal of waste within the territory of a commune-level
administrative unit.
Section 9. NATURE
CONSERVATION AND BIODIVERSITY
Article 31. Powers of
the commune-level People's Committee
1. Appoint a
representative to participate as a member of the Council for Appraisal of the
project on the establishment of a provincial wetland conservation area in
accordance with point b of clause 1 of Article 14 of Decree No. 66/2019/ND-CP
dated July 29, 2019 of the Government, on the conservation and sustainable use
of wetlands.
2. Appoint a representative to participate as a member of the
Council for Appraisal of the project on the establishment of a provincial
natural heritage site in accordance with point a of clause 5 of Article 19 of
Decree No. 08/2022/ND-CP dated January 10, 2022 of the Government, elaborating
the Law on Environmental Protection.
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Decide the self-defense
plans to protect the lives of the people and limit harm to wild animals in
accordance with Clause 3 of Article 10 of Decree No. 160/2013/ND-CP dated
November 12, 2013 of Vietnam, on criteria for identifying species and policies
for management of species on the List of endangered, precious and rare species
prioritized for protection.
Section 10. METEOROLOGY
AND HYDROLOGY
Article 33.
Responsibilities of the commune level People's Committee
1. Supervise the
compliance with the law, assess and use meteorological and hydrological
forecasts and warnings to serve socio-economic development and disaster
management in the commune in accordance with points a and b of Clause 2 of
Article 53 of the Law on Meteorology and Hydrology.
2. Receiving disaster
warning and forecast information from the provincial People's Committee and the
Provincial Civil Defense Command in accordance with Clause 3 of Article 60 of
Decision No. 18/2021/QD-TTg dated April 22, 2021, of the Prime Minister on
forecasting, warning, and disseminating information on natural disasters and
disaster risk levels.
Section 11. MARINE AND
ISLAN AFFAIRS
Article 34. Powers of
the commune-level People's Committee
1. Organize response to
and remediate oil and toxic chemical spills at sea; monitor, detect, and
participate in resolving incidents causing marine environmental pollution,
coastal erosion, and landslides in accordance with point d of clause 2 of
Article 74 of the Law on Marine and Island Resources and Environment.
2. Manage and protect the coastal protection corridor in
accordance with clause 2 of Article 43 of Decree No. 40/2016/ND-CP dated May
15, 2016 of the Government, elaborating the Law on Marine and Island Resources
and Environment.
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4. Managing activities
using sea areas for aquaculture in accordance with Article 41 of Decree No.
11/2021/ND-CP amended by Decree No. 65/2025/ND-CP.
Article 35. Powers of
the President of the commune-level People's Committee
1. Member of the Council
for program for integrated management of natural resources in coastal zones
within a province or centrally affiliated city in accordance with point b,
clause 3, Article 16 of Decree No. 40/2016/ND-CP dated May 15, 2016 of the
Government, elaborating the Law on Marine and Island Resources and Environment.
2. Make decision to assign
sea areas to Vietnamese individuals for aquaculture in accordance with Clause 4
of Article 8 of Decree No. 11/2021/ND-CP amended by Decree No. 65/2025/ND-CP.
The procedures are
specified in Section 1 of Appendix VII attached hereto.
3. Recognize sea areas for
Vietnamese individuals for aquaculture in accordance with Clause 5 of Article 8
of Decree No. 11/2021/ND-CP amended by Decree No. 65/2025/ND-CP.
The procedures are
specified in Section 2 of Appendix VII attached hereto.
4. Extending the term of
sea areas for Vietnamese individuals for aquaculture in accordance with Clause
5 of Article 8 of Decree No. 11/2021/ND-CP amended by Decree No. 65/2025/ND-CP.
The procedures are
specified in Section 3 of Appendix VII attached hereto.
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The procedures are
specified in Section 4 and Section 5 of Appendix VII attached hereto.
6. Amend the decision to
assign sea areas to Vietnamese individuals for aquaculture in accordance with
Clause 5 of Article 8 of Decree No. 11/2021/ND-CP amended by Decree No.
65/2025/ND-CP.
The procedures are
specified in Section 6 of Appendix VII attached hereto.
7. Reclaim sea areas for
Vietnamese individuals for aquaculture in accordance with Clause 5 of Article 8
of Decree No. 11/2021/ND-CP amended by Decree No. 65/2025/ND-CP.
Article 36. Addressing
certain issues related to the distinction of powers
1. Coastal land is the
mainland area of communes/special zones with sea as defined in Resolution No.
139/2024/NQ-QH dated June 28, 2024 of the National Assembly on the national
marine spatial planning for the period 2021-2030, with a vision to 2050.
2. The phrase “The island with the largest area in the special
zone” shall replace the phrase “the island with the largest area of the island
district/island” in Clause 3 of Article 3 of Decree No. 11/2021/ND-CP, point b
of Clause 1 of Article 1, point a of Clause 2 of Article 2, point b of Clause 3
of Article 2, Clause 29 of Article 2, point b of Clause 4 of Article 5 of the
Decree No. 65/2025/ND-CP dated March 12, 2025 of the Government, amending
Decree No. 40/2016/ND-CP and Decree No. 11/2021/ND-CP.
3. The phrase "special
zone" shall replace the phrase "island district" in Decree No.
11/2021/ND-CP amended by Decree No. 65/2025/ND-CP, and Resolution No.
139/2024/NQ-QH.
Section 12. TOPOGRAPHY
AND CARTOGRAPHY
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Inspect and impose
penalties for violations against the law, resolve complaints and denunciations
regarding topography and cartography within its authority; participate in the
management of topographic markers according to the delegation of powers of the
Provincial People's Committee; manage other state affairs related to topography
and cartography according to the delegation or authorization of the superior
state regulatory authority in accordance with Clause 2 of Article 58 of the Law
on topography and cartography.
Article 38. Addressing
certain issues related to the distinction of powers
Administrative maps
specified in Clause 1 of Article 26 of the Law on topography and cartography,
and Point a of Clause 3, Article 18 of Decree No. 27/2019/ND-CP dated March 13,
2019 of the Government, elaborating the Law on topography and cartography,
include Administrative maps of Vietnam, provincial administrative maps, and
commune-level administrative maps.
Section 13. ECONOMIC
COOPERATION AND RURAL DEVELOPMENT
Article 39. Powers of
the commune-level People's Committee
1. Prepare applications for recognition of traditional crafts,
craft villages, or traditional craft villages, and submit them to the
provincial People's Committee for review and recognition in accordance with
point a of clause 4 of Article 6 of Decree No. 52/2018/ND-CP dated April 12,
2018 of the Government on the development of rural crafts.
2. Compile and send a list
to the People's Committee at the provincial level for review and revocation of
certificates of recognition of traditional crafts, craft villages, or
traditional craft villages in accordance with clause 6 of Article 6 of Decree
No. 52/2018/ND-CP.
3. Report to the
Provincial People's Committee on the management of traditional crafts, craft
villages, and traditional craft villages, and the implementation of regulations
on criteria for recognizing traditional crafts, craft villages, and traditional
craft villages in accordance with Clause 7 of Article 6 of Decree No.
52/2018/ND-CP.
4. Cooperate with the
Department of Agriculture and Environment in providing guidance on the
development and consolidate of rural industry development plans, and submitting
them to the competent authority for approval in the local agricultural and
rural development plan in accordance with Clause 3 of Article 23 of Decree No.
52/2018/ND-CP.
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6. Appoint a
representative to participate as a member of the Council for Appraisal of
applications for approval of support for projects linking agricultural
production and consumption as stipulated in Point a of Clause 2 of Article 12
of Decree No. 98/2018/ND-CP dated July 5, 2018, on policies to encourage
cooperation and linkages in agricultural production and consumption.
Article 40. Powers of
the President of the commune-level People's Committee
Approve support for
production linkages in accordance with point b of clause 2 of Article 12, and
clause 3 of Article 17 of Decree No. 98/2018/ND-CP.
The procedures are
specified in Section 6 of Appendix VIII attached hereto.
Article 41. Addressing
certain issues related to the distinction of powers
The resettlement areas
specified in clause 12 of Article 3 of Decision No. 64/2014/QD-TTg dated
November 18, 2014, of the Prime Minister on specific policies on relocation and
resettlement of people in communes/districts under irrigation and hydropower
projects.
Section 14. NEW RURAL
DEVELOPMENT AND POVERTY REDUCTION
Article 42. Powers of
the commune-level People's Committee
1. Receive applications
for recognition of communes meeting the standards of new rural development,
communes meeting the standards of advanced new rural development, or communes
meeting the standards of model new rural development in accordance with Article
6 of the Regulations on conditions, procedures, application for recognition,
announcement and revocation of decisions on recognizing communes meeting the
standards of new rural development, advanced new rural development, or model
new rural development and completing the tasks of building new rural areas in
the period 2021 - 2025 issued together with Decision No. 18/2022/QD-TTg dated
August 2, 2022 of the Prime Minister.
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Article 43. Powers of
the President of the provincial People's Committee
1. Announce communes that
meet the standards of new rural areas, advanced new rural areas, or model new
rural areas in accordance with Clause 2 of Article 10 of the Regulations on
conditions, procedures, application for recognition, announcement and revocation
of decisions on recognizing communes meeting the standards of new rural
development, advanced new rural development, or model new rural development and
completing the tasks of building new rural areas in the period 2021 - 2025
issued together with Decision No. 18/2022/QD-TTg dated August 2, 2022 of the
Prime Minister.
2. Provide a written
response to the report of the President of the commune-level People's Committee
on the results of the review of poor and near-poverty households in the commune
in accordance with point b of clause 5 of Article 4 of Decision No.
24/2021/QD-TTg.
Article 44. Powers of
the commune-level People's Committee
1. Organize the
assessment, collect opinions, and complete the application for revocation of
the decision on recognizing the commune meeting the new rural standard, the
advanced new rural standard, or the model new rural standard in accordance with
Article 23 and clause 1 of Article 24 of the Regulations on conditions,
procedures, application for recognition, announcement and revocation of
decisions on recognizing communes meeting the standards of new rural
development, advanced new rural development, or model new rural development and
completing the tasks of building new rural areas in the period 2021 - 2025
issued together with Decision No. 18/2022/QD-TTg dated August 2, 2022 of the
Prime Minister.
2. Establish a Steering
Committee, develop, issue, and implement a plan for annual review of poor and
near-poverty households in the commune in accordance with Clause 2 of Article
10 of Decision No. 24/2021/QD-TTg.
Article 45. Powers of
the President of the commune-level People's Committee
Report to the provincial
People's Committee on the results of reviewing poor and near-poverty households
and households that have escaped poverty and near-poverty in the commune in
accordance with Point a of Clause 5 of Article 4, Clause 1 of Article 7, and
Point c of Clause 3 of Article 10 of Decision No. 24/2021/QD-TTg.
Section 15. POWERS TO
RESOLVE ADMINISTRATIVE PROCEDURES
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1. The President of the
Provincial People's Committee shall exercise the powers and tasks of the
Provincial People's Committee in resolving administrative procedures for
organizations and individuals.
2. The President of the
commune-level People's Committee shall exercise the powers and tasks of the
commune-level People's Committee in resolving administrative procedures for
organizations and individuals.
Chapter III
IMPLEMENTATION
Article 47. Effect
1. This Decree comes into
force from July 01, 2025.
2. This Decrees shall
cease to be effective from March 01, 2027, except in the following cases:
a) Ministries and
ministerial-level agencies report to the Government to propose the extension of
application of all or part of this Decree to the National Assembly and receive
the approval from the National Assembly;
b) If any laws,
resolutions of the National Assembly, ordinances, resolutions of the Standing
Committee of the National Assembly, decrees, resolutions of the Government, and
decisions of the Prime Minister specified in regulations on the authority,
responsibility for state management, procedures, and processes prescribed in
this Decree are ratified or issued from July 1, 2025 and take effect before
March 1, 2027, the corresponding regulations in this Decree shall cease to be
effective at the time those documents come into force.
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Article 48.
Transitional provisions
1. The transitional
regulations relating to the distinction of powers and the handling of certain
issues arising from the organization of two-level local government shall comply
with the Law on Organization of Local Government.
2. Organizations and
individuals who have submitted application to competent authorities/persons in
accordance with the law before the effective date of this Decree are not
required to resubmit their applications; the competent authorities/persons
receiving powers and tasks as prescribed herein shall be responsible for
continuing to process such applications for organizations and individuals.
3. Plans for forest allocation, forest leasing, and forest
repurposing that have been approved by competent authorities before the
effective date of this Decree shall continue to be implemented until the end of
the plan term.
4. For projects that have completed the process of collecting
opinions from representatives of local communities and relevant organizations
and individuals regarding water resource extraction before this Decree comes
into force, it is not necessary to collect opinions again in accordance with
this Decree; for projects that are currently collecting opinions from
representatives of local communities and relevant organizations and individuals
regarding water resource extraction in accordance with Decree No. 54/2024/ND-CP
before this Decree comes into force, they may continue to do so in accordance
with Decree No. 54/2024/ND-CP, except in cases where organizations or
individuals request to proceed in accordance with this Decree.
Article 49.
Responsibility for implementation
1. The Minister of
Agriculture and Environment shall provide guidance on the implementation of
this Decree; provide for the application and forms of administrative procedures
specified herein; announce changes to administrative procedures due to the
distinction of powers as prescribed by laws on administrative procedure control.
2. Ministries, ministerial
agencies, and relevant agencies, within their jurisdiction, shall cooperate
with the Ministry of Agriculture and Environment in providing guidance for
People's Committees at all levels on implementing administrative procedures as
prescribed in this Decree and other relevant laws.
3. Responsibilities of
People's Committees at all levels
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b) Provincial People's
Committees shall implement assigned tasks and powers as prescribed herein;
direct and provide guidance for commune-level People's Committees on
implementing tasks and powers as prescribed herein. Should any difficulties or
inadequacies arising during the implementation process, report to relevant
ministries and agencies for timely resolution;
c) Provincial People's
Committees shall announce administrative procedures at the province based on
the decision to publish administrative procedures by the Minister of
Agriculture and Environment.
4. The Minister of
Agriculture and Environment, the Provincial People's Council, and the Provincial
People's Committee shall issue documents or authorize the issuance of documents
to resolve issues arising from the restructuring of the State organizational
apparatus within their jurisdiction.
The competent agencies and
person specified in this clause may issue administrative documents to guide the
resolution of arising issues. Such issuance must satisfy the conditions in
Clause 3 of Article 13 of Resolution No. 190/2025/QH15 dated February 19, 2025,
of the National Assembly on handling some issues related to the restructuring
of the State organizational apparatus.
ON BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Nguyen Hoa Binh
APPENDIX I
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1. Procedure for
providing financial support for materials used in artificial insemination of
livestock, including frozen semen, liquid nitrogen, gloves, and insemination
tools for breeding female buffaloes and cows; costs for semen doses used for
artificial insemination of sows, and remuneration for those providing
artificial insemination services for livestock (buffaloes, cattle)
a) Eligible applicants
must submit 01 application to the commune-level People's Committee before the
25th of the last month of each quarter either in person, online, or by post;
b) The commune-level
People's Committee shall immediately respond regarding the completeness of the
application if the application is submitted in person; and within one working
day in writing for applications submitted online or by post;
c) Within 18 working days
from the date of receiving the complete and valid application, the
commune-level agricultural and environmental authority shall organize the
appraisal, acceptance, and submit the application to the President of the
commune-level People's Committee for review and approval;
d) Within 02 working days
from the date of receiving the submitted application from the commune-level
agricultural and environmental authority, the President of the commune-level
People's Committee shall issue a decision on support provision. In case of
refusal, a written notification clearly stating the reasons must be sent
immediately to the organization or individual.
2. Procedures for
approving financial support for training to transition from animal husbandry to
other occupations; costs for individuals trained in artificial insemination
techniques for livestock (buffaloes, cattle); costs of purchasing liquid
nitrogen tanks for preserving semen for those providing artificial insemination
services for livestock (buffaloes, cattle) under policies using non-business
capital from state budget
a) Eligible applicants
must submit 01 application to the commune-level People's Committee before the
25th of the last month of each quarter either in person, online, or by post;
b) The commune-level
People's Committee shall respond regarding the completeness of the application
immediately if the application is submitted in person; and within one working
day in writing for applications submitted online or by post;
c) Within 20 working days
from the date of receiving the complete and valid application, the
commune-level agricultural and environmental authority shall organize the
appraisal and submit the application to the President of the commune-level
People's Committee for review and approval;
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dd) Within 20 working days
from the date of issuance of the decision approving the financial support, the
commune-level People's Committee shall provide financial support to the
eligible subjects in accordance with the Law on State Budget.
APPENDIX II
PROCEDURES FOR IMPLEMENTING DISTINGUISHED ADMINISTRATIVE
PROCEDURES IN FISHERIES AND FISHERIES RESOURCES SURVEILLANCE
(Attached to Decree No. 131/2025/ND-CP dated June 12, 2025 of the Government)
1. Procedures for recognizing and assigning management rights
in the protection of aquatic resources
a) Organizations and
individuals shall submit 01 application for recognition and assignment of
management rights to community organizations to the commune-level People's
Committee in person, online, or by post;
b) The commune-level
People's Committee shall respond regarding the completeness of the application
immediately if the application is submitted in person; and within one working
day in writing for applications submitted online or by post;
c) Within 02 working days
from the date of receiving the complete and valid application, the
commune-level agricultural and environmental authority shall announce the Plan
for the protection and extraction of aquatic resources through mass media, and
publicly post it at the office of the commune-level People's Committee and in
the residential area where co-management is planned to be carried out;
d) Within 30 working days
from the date of receiving the announcement, the commune-level agricultural and
environmental authority shall organize the appraisal, conduct on-site
inspections (if necessary) and submit the application to the President of the
commune-level People's Committee for review and approval;
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2. Procedures for amending the Decision recognizing and
assigning management rights to community organization
a) The procedures for
amending the Decision recognizing and assigning management rights to community
organization in cases of changing the name of the community organization; the
representative of the community organization; and the operating regulations of
the community organization:
- Organizations or
individuals shall submit 01 application for amending the Decision recognizing
and assigning management rights to community organization to the commune-level
People's Committee in person, online, or by post;
- The commune-level
People's Committee shall respond regarding the completeness of the application
immediately if the application is submitted in person; and within one working
day in writing for applications submitted online or by post;
- Within 05 working days
from the date of receiving the complete application, the commune-level
agricultural and environmental authority shall organize the appraisal and
submit application to the President of the commune-level People's Committee for
review and approval of amendment to the Decision on reorganization and
assignment of management right to community organization. In case of refusal, a
written notification clearly stating the reasons must be sent immediately to
the organization or individual.
b) Procedures for amending
the Decision recognizing and assigning management rights to community
organizations in cases of making amendments to the location and boundaries of
the assigned geographical area; the scope of assigned rights; and the plan for
protecting and extracting aquatic resources:
- Organizations or
individuals shall submit 01 application for amending the Decision recognizing
and assigning management rights to community organization to the commune-level
People's Committee in person, online, or by post;
- The commune-level
People's Committee shall respond regarding the completeness of the application
immediately if the application is submitted in person; and within one working
day in writing for applications submitted online or by post;
- Within 02 working days
from the date of receiving the complete application, the commune-level
agricultural and environmental authority shall announce the amendments through
mass media, and publicly post them at the office of the commune-level People's
Committee and in the residential area where co-management is planned to be
carried out;
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- Within 03 working days
from the date of receiving the application from the commune-level agricultural
and environmental authority, the President of the commune-level People's
Committee shall issue a decision on amendment to the Decision on reorganization
and assignment of management right to community organization. In case of
refusal, a written notification clearly stating the reasons must be sent
immediately to the organization or individual.
APPENDIX III
PROCEDURES FOR IMPLEMENTING DISTINGUISHED ADMINISTRATIVE
PROCEDURES IN FORESTRY AND FOREST RANGERS
(Attached to Decree No. 131/2025/ND-CP dated June 12, 2025 of the Government)
1. Procedures for
approving requests for timber production in production forests that are natural
forests for forest owners who are households, individuals, and local communities
a) The household,
individual, or local community shall submit 01 application for timber
production in production forests to the commune-level People's Committee in
person, online, or by post;
b) The commune-level
People's Committee shall respond regarding the completeness of the application
immediately if the application is submitted in person; and within one working
day in writing for applications submitted online or by post;
c) Within seven working
days from the date of receiving a complete and valid application, the President
of the commune-level People's Committee shall approve the application for
timber production in production forests submitted by the household, individual,
or local community; if not approved, a written notification stating the reasons
shall be provided. In case of refusal, a written notification clearly stating
the reasons must be sent to the household, individual, or local community.
2. Procedures for
leasing forests to households, individuals, and communities
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b) Approve plan for forest
lease auction and the starting rent: within 05 days from the date of receiving
the proposal from the commune-level agricultural and environmental authority,
the commune-level People's Committee shall review and approve the plan and the
starting rent (the approved starting rent shall be the ground for conducting
the forest lease auction). In case of refusal, a written notification clearly
stating the reasons must be sent to the household, individual, or local
community;
c) Sign a contract for
forest lease auction services: Within 05 days from the date the starting rent
is approved by the President of the commune-level People's Committee, the
commune-level agricultural and environmental authority shall sign a contract
for property auction services with the property auction organization according
to the approved forest lease auction plan.
d) Within 20 working days
from the date of signing the forest lease auction contract, the property
auction organization that has signed the property auction service contract
shall carry out the procedures for forest lease auctions in accordance with the
law on auctions and relevant laws.
dd) Approve forest lease
auction results: Within 03 days from the date of receiving the auction results,
the President of the commune-level People’s Committee shall issue a decision
recognizing the results of the forest lease auction;
e) Pay forest rent upon
receiving decision on recognizing the results of the forest lease auction:
Within 20 working days from the date of the decision to recognize the results
of the forest lease auction, the successful bidder shall transfer the rent to
the State Treasury and payment documents to the commune-level agricultural and
environmental authority. The commune-level agricultural and environmental
authority shall then report to the President of the commune-level People’s
Committee for making forest lease decision;
g) Decide to lease forest:
Within 05 working days from the date the successful bidder fulfilled their
financial obligations, the President of the commune-level People’s Committee
shall review and sign the decision on forest lease at the same time with the
land lease decision in accordance with law for the household or individual;
h) In case the time limit
for rent payment has passed and the successful bidder has not paid the full
amount according to the hammer price, the commune-level agricultural and
environmental authority shall report to the President of the commune-level
People’s Committee to make a decision to cancel the recognition of the bid
winning results.
3. Procedures for
forest repurposing for individuals
a) The individual shall
submit 01 application for forest repurposing to the commune-level People's
Committee in person, online, or by post;
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c) Within 10 working days
from the date of receiving the complete and valid application, the
commune-level agricultural and environmental authority shall organize the
appraisal and submit the application to the President of the commune-level
People's Committee for review and approval;
d) Within 02 working days
from the date of receiving the submitted application from the commune-level
agricultural and environmental authority, the President of the commune-level
People's Committee shall issue a decision on forest repurposing. In case of
refusal, a written notification clearly stating the reasons must be sent
immediately to the organization or individual.
4. Procedures for
appraisal of design and cost estimates for silviculture works or the appraisal
of adjustments to the design and cost estimates of silviculture works using
public investment capital
a) The project owner shall
submit 01 application for appraisal of design and cost estimates of the
silviculture work or the appraisal of adjustments to the design and cost
estimates of the silviculture work to the commune-level People's Committee in
person, online, or by post;
b) The commune-level
People's Committee shall respond regarding the completeness of the application
immediately if the application is submitted in person; and within one working
day in writing for applications submitted online or by post;
c) Within 07 working days
from the date of receiving the complete and valid application, the
commune-level agricultural and environmental authority shall organize the
appraisal and submit the application to the President of the commune-level
People's Committee for review and approval;
d) Within 02 working days
from the date of receiving the submitted application from the commune-level
agricultural and environmental authority, the President of the commune-level
People's Committee shall sign the Report on the results of the appraisal of the
design and cost estimate of the silviculture work and notify the investor of
the appraisal results. In case of refusal, a written notification clearly
stating the reasons must be sent immediately to the organization or individual.
APPENDIX IV
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1. Procedures for
approving the disaster response plan for works and downstream areas of dams
during the construction of dams, reservoirs, and downstream areas of dams in
the area covering two or more communes
a) The organization or
individual shall submit 01 application for approval of the disaster response
plan for works and downstream areas of dams during the construction of dams,
reservoirs, and downstream areas of dams in the area covering two or more
communes to the Department of Agriculture and Environment in person, online, or
by post;
b) The Department of
Agriculture and Environment shall respond regarding the completeness of the
application immediately if the application is submitted in person; and within
one working day in writing for applications submitted online or by post;
c) Within 10 working days
from the date of receiving the complete and valid application, the Department
of Agriculture and Environment shall organize the appraisal, conduct on-site
inspections (if necessary) and submit the application to the President of the
commune-level People's Committee for review and approval;
d) Within 02 working days
from the date of receiving the submitted application from the Department of
Agriculture and Environment, the President of the commune-level People's
Committee shall issue an approval decision. In case of refusal, a written
notification clearly stating the reasons must be sent immediately to the
organization or individual;
2. Procedures for
approving the emergency response plans for dams, reservoirs, and downstream
areas of dams in the area covering two or more communes
a) The organization or
individual shall submit 01 application for approval of the emergency response
plan for dams, reservoirs, and downstream areas of dams in the area covering
two or more communes to the Department of Agriculture and Environment in
person, online, or by post;
b) The Department of
Agriculture and Environment shall respond regarding the completeness of the
application immediately if the application is submitted in person; and within
one working day in writing for applications submitted online or by post;
c) Within 10 working days
from the date of receiving the complete and valid application, the Department
of Agriculture and Environment shall organize the appraisal, conduct on-site
inspections (if necessary) and submit the application to the President of the
commune-level People's Committee for review and approval;
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3.
Procedures for approving the
procedures for operating large and medium-sized irrigation works delegated by
the Provincial People's Committee
a) The organization or
individual shall submit 01 application for approval of or adjustment to the
procedures for operating large and medium-sized irrigation works delegated by
the Provincial People's Committee to the commune-level People's Committee in
person, online, or by post;
b) The commune-level
People's Committee shall respond regarding the completeness of the application
immediately if the application is submitted in person; and within one working
day in writing for applications submitted online or by post;
c) Within 18 working days
from the date of receiving the complete and valid application, the
commune-level agricultural and environmental authority shall organize the
appraisal, on-sit inspection and submit the application to the President of the
commune-level People's Committee for review and approval;
d) Within 02 working days
from the date of receiving the submitted application from the commune-level
agricultural and environmental authority, the President of the commune-level
People's Committee shall issue a decision on approval/adjustment. In case of
refusal, a written notification clearly stating the reasons must be sent
immediately to the organization or individual;
4. Procedures for
approving the procedures for operation of irrigation reservoirs in the commune
a) The organization or
individual shall submit 01 application for approval of the procedures for
operation of the irrigation reservoir in the commune to the commune-level
People's Committee in person, online, or by post;
b) The commune-level
People's Committee shall respond regarding the completeness of the application
immediately if the application is submitted in person; and within one working
day in writing for applications submitted online or by post;
c) Within 18 working days
from the date of receiving the complete and valid application, the
commune-level agricultural and environmental authority shall organize the
appraisal or inspection and submit the application to the President of the
commune-level People's Committee for review and approval;
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5. Procedures for
approving the outline and results of safety inspections of irrigation
dams/reservoirs
a) The organization or
individual shall submit 01 application for approval of outline and results of
the safety inspection of the irrigation dam/reservoir to the commune-level
People's Committee in person, online, or by post;
b) The commune-level
People's Committee shall respond regarding the completeness of the application
immediately if the application is submitted in person; and within one working
day in writing for applications submitted online or by post;
c) Within 08 working days
from the date of receiving the complete and valid application, the
commune-level agricultural and environmental authority shall organize the
appraisal and submit the application to the President of the commune-level
People's Committee for review and approval;
d) Within 02 working days
from the date of receiving the submitted application from the commune-level
agricultural and environmental authority, the President of the commune-level
People's Committee shall issue a decision on approval. In case of refusal, a
written notification clearly stating the reasons must be sent immediately to
the organization or individual;
6.
Procedures for approving plans for
protection of dams and reservoirs in the commune delegated by the Provincial
People's Committee
a) The organization or
individual shall submit 01 application for approval of the plan for protection
of the dam/reservoir in the commune delegated by the Provincial People's
Committee to the commune-level People's Committee in person, online, or by post;
b) The commune-level
People's Committee shall respond regarding the completeness of the application
immediately if the application is submitted in person; and within one working
day in writing for applications submitted online or by post;
c) Within 18 working days
from the date of receiving the complete and valid application, the
commune-level agricultural and environmental authority shall organize the
appraisal and submit the application to the President of the commune-level
People's Committee for review and approval;
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7. Procedures for
approving the boundary marking plan in the commune delegated by the Provincial
People's Committee
a) The organization or
individual shall submit 01 application for approval of the boundary marking
plan in the commune delegated by the Provincial People's Committee to the
commune-level People's Committee in person, online, or by post;
b) The commune-level
People's Committee shall respond regarding the completeness of the application
immediately if the application is submitted in person; and within one working
day in writing for applications submitted online or by post;
c) Within 18 working days
from the date of receiving the complete and valid application, the competent
authority assigned by the commune-level People's Committee to handle the
administrative procedure shall organize the appraisal and submit the
application to the President of the commune-level People's Committee for review
and approval;
d) Within 02 working days
from the date of receiving the submitted application from the competent
authority assigned by the commune-level People's Committee to handle the
administrative procedure, the President of the commune-level People's Committee
shall issue a decision on approval. In case of refusal, a written notification
clearly stating the reasons must be sent immediately to the organization or
individual;
APPENDIX V
PROCEDURES FOR IMPLEMENTING DISTINGUISHED ADMINISTRATIVE
PROCEDURES IN DIKE MANAGEMENT AND DISASTER MANAGEMENT
(Attached to Decree No. 131/2025/ND-CP dated June 12, 2025 of the Government)
1. Procedures for
providing financial support for medical examination and treatment, and accident
benefits (except for accidents that results in a reduction of working capacity
of 5% or more) for members of the commune-level disaster management front lines
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b) The commune-level
People's Committee shall respond regarding the completeness of the application
immediately if the application is submitted in person; and within one working
day in writing for applications submitted online or by post;
c) Within 07 working days
from the date of receiving the complete and valid application, the
commune-level agricultural and environmental authority shall consolidate and
submit the application to the President of the commune-level People's Committee
for issuance of a decision on provision of financial support for medical
examination and treatment for such member. In case of refusal, a written
notification clearly stating the reasons must be sent immediately to the
organization or individual;
d) Within 03 working days
from the date of issuance of the decision approving the financial support, the
President of the commune-level People's Committee shall organize the payment of
medical examination and treatment expenses to the eligible beneficiaries;
payment shall be made by bank transfer, by post, or in person at the commune.
2. Procedures for
providing accident benefits in case the accident results in a reduction of
working capacity of 5% or more or death for members of the commune-level
disaster management front lines
a) The member of the
commune-level disaster management front lines or his/her legal representative
shall submit 01 application to the commune-level People's Committee in person,
online, or by post;
b) The commune-level
People's Committee shall respond regarding the completeness of the application
immediately if the application is submitted in person; and within one working
day in writing for applications submitted online or by post;
c) Within 05 working days
from the date of receiving the complete and valid application, the
commune-level People's Committee shall consolidate and submit the application
to the President of the provincial People's Committee;
d) Within 05 working days
from the date of receiving the submitted application from the President of the
commune-level People's Committee, the President of the provincial People's
Committee shall issue decision on provision of accident benefits. In case of
refusal, a written notification clearly stating the reasons must be sent immediately
to the organization or individual.
dd) Within 03 working days
from the date of issuance of the decision provision of accident benefits, the
President of the commune-level People's Committee shall organize the payment of
accident benefits to the eligible beneficiaries; payment shall be made by bank
transfer, by post, or in person at the commune.
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APPENDIX VI
PROCEDURES FOR IMPLEMENTING DISTINGUISHED ADMINISTRATIVE
PROCEDURES IN WATER RESOURCES
(Attached to Decree No. 131/2025/ND-CP dated June 12, 2025 of the Government)
1. Procedures for
collection of opinions on works for extraction of water resources
a) The organization or
individual shall submit 01 application for collection of opinions of
representative of the local community, organizations and individuals to the
Department of Agriculture and Environment in person, online or by post;
b) The Department of
Agriculture and Environment shall response regarding the completeness of the
application immediately if the application is submitted in person, and within
01 working day if the application is submitted online or by post;
c) Within 20 working days
from the receipt of complete and valid application, the Department of
Agriculture and Environment shall convene meetings, direct dialogues, or
collect written opinions of relevant entities to have opinions on the proposed
construction project and request the investor to provide additional data,
reports and information about the project;
d) Within 05 working days
from the receipt of explanation of the investor, the Department of Agriculture
and Environment shall provide a written response.
2. Procedures for
registering for and confirming registration for groundwater extraction
a) The organization or
individual shall submit 01 application for extraction of groundwater to
commune-level People’s Committee in person, online or by post;
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c) Within 05 working days
from the receipt of complete and valid application, the commune-level
agricultural and environmental authority shall appraise the application and
submit it to the President of commune-level People's Committee for confirmation;
d) Within 02 working days
from the receipt of application from the commune-level agricultural and
environmental authority, the President of commune-level People's Committee
shall issue the decision on confirmation. In case of refusal, a written
notification clearly stating the reasons must be sent immediately to the
organization or individual.
APPENDIX VII
PROCEDURES FOR IMPLEMENTING DISTINGUISHED ADMINISTRATIVE
PROCEDURES IN MARINE AND ISLAND AFFAIRS
(Attached to Decree No. 131/2025/ND-CP dated June 12, 2025 of the Government)
1. Procedures for
assignment of sea areas to Vietnamese individuals for aquaculture
a) Vietnamese individuals
shall submit 01 application for assignment of seas areas for aquaculture to
commune-level People’s Committee in person, online or by post;
b) Commune-level People’s
Committee shall respond regarding the completeness of the application
immediately if the application is submitted in person; or within 01 working day
if the application is submitted online or by post;
c) Within 25 working days
from the receipt of complete and valid application, the commune-level
agricultural and environmental authority shall appraise the application,
conduct on-site inspection, and submit the application to the President of
commune-level People's Committee for review and approval;
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2. Procedures for recognition
of sea areas assigned to Vietnamese individuals for aquaculture
a) Vietnamese individuals
using sea areas who have been granted written permission by competent state
authorities to extract and use marine resources in accordance with the laws
before July 15, 2014 but have not been granted decision on land allocation,
lease of land with coastal water surface, sea surface, or assignment of sea
areas in accordance with the laws shall submit 01 application to commune-level
People’s Committee in person, online or by post;
b) Commune-level People’s
Committee shall respond regarding the completeness of the application
immediately if the application is submitted in person; or within 01 working day
if the application is submitted online or by post;
c) Within 10 working days
from the receipt of complete and valid application, the commune-level
agricultural and environmental authority shall appraise the application,
conduct on-site inspection, and submit the application to the President of
commune-level People's Committee for review and approval;
d) Within 03 working days
from the receipt of application from the commune-level agricultural and
environmental authority, the President of commune-level People's Committee
shall issue the decision on recognition of sea areas. In case of refusal, a
written notification clearly stating the reasons must be sent immediately to
the organization or individual.
3. Procedures for
extension of duration for assignment of sea areas to Vietnamese individuals for
aquaculture
a) Vietnamese individuals
shall submit 01 application for extension of duration for assignment of sea
areas for aquaculture to commune-level People’s Committee in person, online or
by post;
b) Commune-level People’s
Committee shall respond regarding the completeness of the application
immediately if the application is submitted in person; or within 01 working day
if the application is submitted online or by post;
c) Within 20 working days
from the receipt of complete and valid application, the commune-level agricultural
and environmental authority shall appraise the application, conduct on-site
inspection (if necessary), and submit the application to the President of
commune-level People's Committee for review and approval;
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4. Procedures for total
return of sea areas assigned to Vietnamese individuals for aquaculture
a) Vietnamese individuals
shall submit 01 application for return of sea areas to commune-level People’s
Committee in person, online or by post;
b) Commune-level People’s
Committee shall respond regarding the completeness of the application
immediately if the application is submitted in person; or within 01 working day
if the application is submitted online or by post;
c) Within 15 working days
from the receipt of complete and valid application, the commune-level
agricultural and environmental authority shall appraise the application,
conduct on-site inspection, and submit the application to the President of
commune-level People's Committee for review and approval;
d) Within 03 working days
from the receipt of application from the commune-level agricultural and
environmental authority, the President of commune-level People's Committee
shall issue the decision on permission for return of sea areas. In case of
refusal, a written notification clearly stating the reasons must be sent
immediately to the organization or individual.
5. Procedures for
partial return of sea areas for Vietnamese individuals
a) Vietnamese individuals
shall submit 01 application for return of sea areas to commune-level People’s
Committee in person, online or by post;
b) Commune-level People’s
Committee shall respond regarding the completeness of the application
immediately if the application is submitted in person; or within 01 working day
if the application is submitted online or by post;
c) Within 20 working days
from the receipt of complete and valid application, the commune-level
agricultural and environmental authority shall appraise the application,
conduct on-site inspection (if necessary), and submit the application to the
President of commune-level People's Committee for review and approval;
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6. Procedures for
amendments to the Decision on assignment of sea areas to Vietnamese individuals
for aquaculture
a) Vietnamese individuals
shall submit 01 application for amendments to the decision on assignment of sea
areas to commune-level People’s Committee in person, online or by post;
b) Commune-level People’s
Committee shall respond regarding the completeness of the application
immediately if the application is submitted in person; or within 01 working day
if the application is submitted online or by post;
c) Within 20 working days
from the receipt of complete and valid application, the commune-level
agricultural and environmental authority shall appraise the application,
conduct on-site inspection (if necessary), and submit the application to the
President of commune-level People's Committee for review and approval;
d) Within 03 working days
from the receipt of application from the commune-level agricultural and
environmental authority, the President of commune-level People's Committee
shall issue the decision on amendments to the Decision on assignment of sea
areas. In case of refusal, a written notification clearly stating the reasons
must be sent immediately to the organization or individual.
APPENDIX VIII
PROCEDURES FOR IMPLEMENTING DISTINGUISHED ADMINISTRATIVE
PROCEDURES IN ECONOMIC COOPERATION AND RURAL DEVELOPMENT
(Attached to Decree No. 131/2025/ND-CP dated June 12, 2025 of the Government)
Procedures for
approving support in production linkage
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- The commune-level
People's Committee shall respond regarding the completeness of the application
immediately if the application is submitted in person; and within one working
day in writing for applications submitted online or by post;
- c) Within 15 working
days from the date of receiving the adequate application, the commune-level
agricultural and environmental authority shall organize the appraisal
(establish the Appraisal Council) and submit the application to the President
of the commune-level People's Committee for review and approval;
- Within 03 working days
from the date of receiving the submitted application from the commune-level
agricultural and environmental authority, the President of the commune-level
People's Committee shall issue a decision on approval of support in production
linkage. In case of refusal, a written notification clearly stating the reasons
must be sent immediately to the organization or individual.