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GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM Independence
- Freedom – Happiness
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No:
159/2005/ND-CP
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Hanoi,
27 December 2005
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DECREE
ON
CLASSIFICATION OF ADMINISTRATIVE UNITS OF COMMUNE, WARD, TOWN
THE GOVERNMENT
Pursuant to the Law on the
Organisation of the Government dated 25 December 2001;
Pursuant to the Law on the Organisation of the People’s Council and
Committee dated 26 November 2003;
At the proposal of the Minister of Home Affairs,
DECREES :
Chapter I
GENERAL PROVISIONS
Article 1. Subject, scope of
regulation
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Article 2. Purposes of
classification of administrative units at communal level
1. To act as foundations for the
State to introduce policies on socio-economic development, helping ensure
stability of the administrative units at communal level and improve efficiency,
effectiveness of State administration of the grassroots authorities.
2. To define the number of
full-time and part-time officers, civil servants; the number of members of the
People’s Committee; to add sensible policies for officers, civil servants in
communes, wards, and towns.
Article 3. Principles of
classification of administrative units at communal level
Classification of administrative
units at communal level must ensure consistency and adequacy.
Chapter II
METHODS, COMPETENCY, STEPS
AND PROCEDURES OF CLASSIFICATION OF ADMINISTRATIVE UNITS AT COMMUNAL LEVEL
Article 4. Grade and criteria
for classification of administrative units at communal level
1. Communes, wards, towns are
classified into three grades of administrative units as follows:
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b) Grade 2 commune, ward, town;
c) Grade 3 commune, ward, town;
2. Communes, wards, towns in
border areas and islands are grade 1 administrative units at communal level.
3. Classification criteria:
a) Population;
b) Acreage,
c) Specific factors.
Article 5. Methods of grading
1. For communes in mountainous
and remote areas
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The commune with population of
less than 1,000 inhabitants shall be graded 45 points; between 1,000 and 5,000
inhabitants shall be graded 12 more points for every 1,000 more inhabitants up
to 93 points; with population of more than 5.000 inhabitants shall be graded 11
more points for every 1,000 more inhabitants up to 200 points.
b) In terms of acreage:
The commune with natural acreage
of less than 1.000 ha shall be graded 30 points; from 1,000 to 3,000 ha shall
be graded 10 more points for every 1,000 ha more up to 50 points; over 3,000 ha
shall be graded 09 more points for every 1,000 ha more up to 100 points.
c) Characteristic factors:
A commune in zone I is graded 10
points; in zone II is graded 15 points; in zone II is graded 20 points;
extremely difficult commune and commune in safe zone is graded 20 points;
The commune with the rate of
ethnic people of 30-50% of the population is graded 10 points, more than 50% of
the population is graded 15 points;
The commune with religious
followers accounting for 30-50% of the population is graded 10 points, over 50%
of the population is graded 15 points.
2. For plain communes:
a) In terms of population:
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b) Acreage:
The commune with natural acreage
of less than 500 ha shall be graded 30 points; from 500 to 2,500 ha shall be
graded 11 more points for every 1,000 ha more up to 52 points; over 2,500 ha
shall be graded 10 more points for every 1,000 ha more up to 100 points.
c) Characteristic factors:
Extremely difficult commune in
coastal bank and commune in safe zone is graded 20 points;
The commune with labourers
engaged in agro-forestry and salt industry accounting for less than 45% of the
total labour force in the commune is graded 10 points;
The commune realizing its plan
on annual average budget collection (averaging budget collection of three
consecutive years) is graded 05 points; 2 more points for every 10% more in
annual average budget collection up to 15 points;
The commune with religious
followers accounting for 30-50% of the population is graded 10 points; for more
than 50% of the population is graded 15 points.
3. For wards and towns
a) In terms of population:
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b) In terms of acreage:
Wards and towns with natural
acreage of less than 500 ha is graded 30 points; with natural acreage between
500 and 2,000 ha are graded 10 more points for every 500 ha more up to 60
points; with natural acreage of more than 2,000 ha are graded 08 more points
for every 500 ha more up to 100 points.
c) Characteristic factors:
Wards and towns in mountainous
and remote areas and in safe zone are graded 20 points;
The ward in a city of special
type is graded 20 points, in a city of type I is graded 15 points; in a city of
type II is graded 10 points; in a city of type III is graded 08 points and in a
city of type IV is graded 05 points; the town in the centre of district is
graded 10 points; wards and towns realizing 100% their plan on annual average
budget collection (averaging budget collection in 03 consecutive years) are
graded 05 points, 2 more points for every 10% more in annual average budget
collection up to 15 points;
Wards and towns with religious
followers accounting for 30-50% of the population are graded 10 points, for
more than 50% of the population is graded 15 points.
Article 6. Grade range for
classifying administrative units at communal level
1. The number of points for each
criterion stipulated in Article 5 of this Decree.
2. The number of points for
classifying administrative units at communal level depending on the total
number of points for all criteria.
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a) Commune, ward, town of type I
is graded at least 221 points;
b) Commune, ward, town of type
II is graded between 141 and 220 points;
c) Commune, ward, town of type
III is graded less than 140 points.
Article 7. Competency and
steps, procedures to classify administrative units at communal level
1. Chairperson of the People’s
Committee in provinces, cities at central level (hereinafter called as People’s
Committee at provincial level) shall make decision on classification of
administrative units at communal level.
2. Steps, procedures of
classification:
a) People’s Committee in
communes, wards, towns (hereinafter called as People’s Committee at communal
level) shall submit to the People’s Committee in districts, towns and cities at
provincial level (hereinafter called as People’s Committee at district level)
initial documents including a copy of administrative map; a report on
population; documents on characteristic factors.
b) People’s Committee at
district level shall make plan to submit to the People’s Council for approval.
c) After approved by the
People’s Council at the same level, the People’s Committee at district level
shall submit to the Chairperson of People’s Committee at provincial level for
consideration and making decision on classification of administrative units at
communal level.
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1. Chairperson of the People’s
Committee at provincial level shall consider, make decision on adjustment of
classification of administrative units at communal level five years since the
effective date of the decision on classification of administrative units at
communal level.
In case there is a significant
change in population and acreage, Chairperson of the People’s Committee at
provincial level shall make decision on adjusting classification.
Adjustment of classification
shall base on stipulations in Articles 6 and 7 of this Decree.
2. Administrative units at
communal level must be classified in terms of administrative units after
adjusted in administrative border as decision by competent levels as stipulated
in this Decree.
Chapter III
HANDLING VIOLATIONS
Article 9. Handling
violations
Organisations, individuals that
have committed an act of making documents incorrect, during their process of
establishing data of criteria to grade and classify or not in line with
regulations in this Decree shall be penalized depending on nature and degree of
violations in accordance with prevailing laws.
Chapter IV
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Article 10. Effectiveness of
execution
This Decree becomes effective 15
days since the date of official gazette.
The former regulations that are
contrast to those in this Decree are all abrogated.
Article 11. Responsibility of
execution
Minister of Home Affairs is
responsible for guiding, supervising and checking execution of this Decree.
Ministers, Heads of Ministry
equivalents, Heads of Governmental agencies, Chairpersons of People’s Committee
in provinces, cities at central level are responsible for executing this
Decree./.
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai
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