On August 28th, the 10th tenure of the People’s Council of Ho Chi Minh City for the 2021-2026 term held its third meeting, which was a specialized session.
During the discussions, delegates debated the draft resolution defining the tasks and authority of the People’s Committee Chair at the commune level, which would be delegated to commune-level civil servants in the judicial field.
 Civil servants in Binh Trung Ward, Ho Chi Minh City, handling administrative procedures for citizens. Photo: THANH TUYEN |
Urgent content arising from practical demands
Most delegates assessed that this delegation of authority is a bold step taken by the city’s administration, especially after two months of operating a new apparatus following the merger of provinces and reorganization.
However, there were still debates regarding the delegation of authority to certify contracts and transactions related to assets, land use rights, and housing in accordance with land laws.
Considering this an urgent matter that needs to be promptly addressed to relieve the burden on wards and communes, delegate Le Minh Duc, Vice-Chairman of the Legal Affairs Committee of the Ho Chi Minh City People’s Council, emphasized the necessity of delegation in the current context.
Based on his surveys at the commune-level units, Mr. Duc observed that the Chair and Vice-Chairs of the People’s Committees at the commune level are burdened with a significant workload, making it imperative to delegate certain tasks.
Delegates attending the third meeting in the afternoon of August 28. Photo: TRAN LINH
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According to him, some land management officials have a profound understanding of land management laws. If permitted by the city, the Chair of the People’s Committee at the commune level will consider the conditions, database, and professional capacity of officials in each field to delegate tasks appropriately. This will enable commune-level officials to be more proactive and efficient in handling administrative procedures for citizens.
Mr. Duc stated, “If we delegate authority, but the locality lacks the necessary conditions to implement it, it will be challenging to execute. Conversely, if we don’t proactively delegate, and when issues arise regarding citizens’ affairs that cannot be resolved promptly, the situation will become more complicated.” He expressed his support for delegation but emphasized the need to define clear conditions and criteria for effective delegation.
Vice-Chairwoman of the People’s Council, Ms. Nguyen Truong Nhat Phuong, shared a similar viewpoint. She asserted that this content was formulated based on local realities. If the resolution is not promptly issued, the locality will encounter difficulties and delays in handling procedures for citizens.
Caution is advised due to the complexity of real estate issues
On the other hand, Mr. Tran Van Bay, Chief Inspector of Ho Chi Minh City, recommended caution regarding the delegation of authority related to the certification of real estate transaction contracts. He expressed concerns about delegating the authority to certify such documents to commune-level civil servants.
Mr. Bay stated, “This is a challenging field, and real estate values in Ho Chi Minh City are high. While the current legal basis is sufficient for delegation, we need to assess practicality, reasonableness, and potential impacts.”
 Mr. Tran Van Bay, Chief Inspector of Ho Chi Minh City, suggested caution in delegating authority related to real estate transaction certifications. Photo: TRAN LINH
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He explained that previously, the Land Law and related legal documents allowed the commune level to perform these tasks. However, in practice, there have been issues in Ho Chi Minh City and other localities, leading to the transfer of all real estate transaction certification activities to specialized administrative organizations.
Moreover, certifying real estate transaction contracts requires data, but the commune level lacks the necessary data infrastructure, which could lead to risks. Commune-level officials do not have access to land-related data and information on restricted real estate transactions. Additionally, they cannot inquire with other agencies within the stipulated time frame for handling applications.
Mr. Bay also emphasized that civil servants assigned certification tasks must undergo comprehensive training in knowledge, expertise, and experience. Ho Chi Minh City needs considerable time to build a competent team to handle matters in this field.
Mr. Bui Ta Hoang Vu, Director of the Department of Industry and Trade, shared a similar viewpoint and suggested that the People’s Council continue studying the matter.
Mr. Vu expressed concern about the significant workload associated with decentralization to the commune level and the insufficient data to support the certification process.
Nevertheless, the delegates eventually passed the resolution.
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According to the draft resolution, the Chair of the People’s Committee at the commune level in Ho Chi Minh City is authorized to delegate to civil servants the power to certify copies of documents and papers issued by competent agencies and organizations, both domestic and foreign; certify signatures on documents and papers; and certify translations of foreign-language documents into Vietnamese or vice versa. Commune-level civil servants may also be delegated to certify contracts and transactions related to assets, land use rights, and housing; wills; documents refusing to accept inheritance; agreements on the distribution of inheritance where the inheritance consists of assets, land use rights, or housing; documents accepting inheritance where the inheritance consists of assets, land use rights, or housing; amendments, supplements, or cancellations of contracts and transactions; corrections of errors in contracts and transactions; and issuance of certified copies of previously certified contracts and transactions. The Chair of the People’s Committee at the commune level shall base the delegation of authority on the practical situation of the locality. Should any difficulties or obstacles arise during the implementation, the People’s Committee of Ho Chi Minh City will research and propose amendments or supplements to the resolution to the People’s Council for consideration. |
THANH TUYEN- BAO PHUONG
– 18:22 08/28/2025
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