The content above is referenced in the draft Decree guiding the process of seeking public opinion on the establishment, dissolution, merger, division, adjustment of boundaries, and renaming of administrative units. This draft is currently being circulated by the Ministry of Home Affairs for public feedback.
The Ministry of Home Affairs proposes seeking public opinion on the establishment, dissolution, merger, division, adjustment of boundaries, and renaming of administrative units.
The Ministry of Home Affairs proposes that for the establishment, dissolution, merger, division, adjustment of boundaries, and renaming of provincial-level administrative units, the Provincial People’s Committee shall organize the collection of opinions from households in all commune-level administrative units within that province. For commune-level administrative units, the Provincial People’s Committee shall organize the collection of opinions from households within that specific commune.
Regarding the results of public consultation, the draft Decree stipulates that the report on the results must include the total number of households in the area, the number of households participating in the consultation, the number of households in agreement, the number of households in disagreement, and any other opinions (if applicable).
“If the results of public consultation on the establishment, dissolution, merger, division, adjustment of boundaries, and renaming of administrative units achieve over 50% approval from the total number of households in the area (calculated per commune-level administrative unit), the agency responsible for drafting the proposal shall proceed to finalize the proposal and submit it to the People’s Council of the relevant administrative units for further consultation,” the draft Decree specifies.
In cases where the approval rate falls below 50%, the Provincial People’s Committee shall direct the organization of propaganda, persuasion, and mobilization efforts, as well as incorporate valid public opinions to refine the proposal, ensuring it meets the required approval rate as stipulated.
The Ministry of Home Affairs also proposes that the results of public consultation must be publicly disclosed on local information portals and the Government’s Electronic Information Portal.
Regarding the procedures for seeking public opinion on the establishment, dissolution, merger, division, adjustment of boundaries, and renaming of administrative units, the drafting agency suggests a four-step process.
First, after drafting the proposal, the Provincial People’s Committee shall issue a document accompanied by a sample Opinion Form and consultation materials to the Commune People’s Committee, providing guidance for organizing public consultation by village and neighborhood.
Second, within 60 working days from the receipt of the Provincial People’s Committee’s document, the Commune People’s Committee shall complete the public consultation process.
Third, within 5 working days from the completion of the consultation, the Commune People’s Committee shall compile and submit a report on the consultation results within its jurisdiction to the People’s Council of the same level and the Provincial People’s Committee.
Fourth, within 5 working days from receiving the Commune People’s Committee’s consultation results report, the Provincial People’s Committee shall compile and submit a report on the consultation results within its jurisdiction to the Provincial People’s Council.
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