What conditions must be met to merge and divide provinces and communes?

According to the draft law, administrative units in our country include: Provinces and centrally-run cities (provincial level); Administrative units below the provincial level include: communes, wards, and special zones on islands (grassroots level); Special administrative-economic units established by decision of the National Assembly.

In which, the special economic zones on islands are decided to be established by the Standing Committee of the National Assembly in accordance with population size, natural area, geographical conditions, residents, socio-economic development requirements, and ensuring national defense and security.

In addition, the draft devotes a chapter with three articles to regulate the organization of administrative units and the establishment, dissolution, merger, division of administrative units, adjustment of administrative boundaries and renaming of administrative units.

The organization of administrative units and the establishment, dissolution, merger, division and renaming of administrative units must comply with the principles and conditions as prescribed. Illustrative photo

Organize administrative units in accordance with management capacity

The organization of administrative units is carried out according to four principles. First, it must comply with the provisions of the Constitution and the law; ensure the stability, smoothness and continuity of state management;

Second, it is consistent with the socio-economic development strategy of each period, consistent with the characteristics, natural and social conditions, historical and cultural traditions, and requirements to ensure national defense, security, order, and social safety of each locality.

Along with that, it must be consistent with the management capacity of the local government apparatus, the level of application of information technology and digital transformation; ensuring that administrative work and procedures related to people, businesses and society are received and resolved promptly and conveniently;

In addition, implementing the arrangement and reorganization of administrative units that do not meet the standards prescribed by law.

The draft also proposes to stipulate the conditions for establishing, merging, dividing administrative units, and adjusting administrative unit boundaries. These must be consistent with relevant planning or directions of competent authorities; ensure the common interests of the nation, the effectiveness and efficiency of state management of local governments at all levels; and promote potential and advantages to promote socio-economic development of the country and of each locality.

The establishment, merger, division of administrative units, and adjustment of administrative unit boundaries must also ensure requirements on national defense, security, order, and social safety; ensure national solidarity, be consistent with the historical and cultural traditions of the locality; and create convenience for the people;

“It must be based on the standards of administrative units suitable to the characteristics of rural, urban, mountainous, highland and island areas according to the regulations of the National Assembly Standing Committee,” according to the draft.

Dissolution of administrative units is only carried out in the following cases: Firstly, due to the requirements of socio-economic development, ensuring national defense and security of the locality or the country. Secondly, due to changes in geographical and topographic factors affecting the existence of that administrative unit. Thirdly, due to reorganization of the administrative unit according to the direction of the competent authority.

Organize public opinion poll

The draft clearly states that the National Assembly decides to establish, dissolve, merge, divide administrative units, adjust boundaries and rename provincial-level administrative units.

The Standing Committee of the National Assembly decides to establish, dissolve, merge, divide administrative units, adjust boundaries and rename grassroots administrative units.

Regarding procedures, the Government assigns the provincial People's Committee to preside over the development of projects to establish, dissolve, merge, divide administrative units, adjust boundaries and rename provincial administrative units to submit to the Government for submission to the National Assembly. For grassroots administrative units, the provincial People's Committee is assigned to organize the development of projects to submit to the Government for submission to the National Assembly Standing Committee.

Regarding the dossier, together with the submission, project, draft resolution of the National Assembly or the National Assembly Standing Committee, there must be a Report synthesizing public opinions, opinions of People's Councils at all levels and relevant agencies and organizations.

“Projects to establish, dissolve, merge, divide administrative units, adjust boundaries and rename administrative units must be consulted with people in grassroots administrative units directly affected,” according to the draft.

According to VOV

Source: https://baothanhhoa.vn/nhap-chia-tinh-va-xa-can-dap-ung-dieu-kien-nao-244389.htm