Tỉnh là gì? Quy định về tỉnh, thành phố trực thuộc Trung ương?

What is province? Regulations on standards of administrative units of provinces and centrally run cities? Regulations on classification standards and scoring methods of administrative units of provinces and centrally run cities.

Vietnam is implementing State management according to the principle of decentralization and decentralization of management from central to local levels. In fact, decentralization of management in the most common sense is the administrative management regime “assigned to a collective or an administrative unit – self-managed territory, has legal status, has rights and certain resources, under the control of the State”. Therefore, in each locality, there will be separate administrative units that are decentralized by the State to manage, supervise and handle the activities of that locality and are responsible for reporting the situation to the central State agency. . Accordingly, a province or city directly under the central government is a local state agency authorized by the State to manage all activities in that locality. Vietnam has 63 localities, equivalent to 63 provinces/cities directly under the central government. So what is province? What is the law on provinces and centrally run cities?

Legal grounds:

– The 2013 Constitution;

– Law on Organization of Local Government 2015;

– Resolution No. 1211/2016/UBTVQH13 of the National Assembly Standing Committee issued on May 25, 2016 on standards of administrative units and classification of administrative units.

1. What is a province?

According to the 2013 Constitution, a province is understood as an administrative unit directly under the central government, an administrative unit working for the central government and a unit that directly manages and administers administrative units. at the grassroots level. A province is an administrative unit divided into districts, provincial cities and towns. Today, the State decentralizes management at the provincial level to manage the state and achieve transparency from the central to the grassroots level. The state governing at the provincial level usually adjusts the boundaries of the provinces in two forms of merging or separating provinces. This boundary division is a continuous process and must be decided by the National Assembly and must be consulted by the local people.

According to the provisions of Article 2 of the Law on Organization of Local Government in 2015, the administrative unit of the Socialist Republic of Vietnam is equivalent to the province level, which is a centrally-affiliated city. Accordingly, a city directly under the central government is a provincial-level administrative unit of Vietnam. A city directly under the central government is equivalent to a province but is a special-class city or a grade-I city and is defined as a national-level central city. Currently, in Vietnam, there are 5 cities directly under the central government: Hai Phong, Hanoi, Da Nang, Ho Chinh Minh and Can Tho. These are the largest and most economically developed cities in the country. The cities mentioned above have developed infrastructure and science and technology…

2. Regulations on standards of administrative units of provinces and centrally run cities?

Provinces and centrally run cities must ensure compliance with the standards set by the state. Accordingly, the National Assembly Standing Committee issued Resolution No. 1211/2016/UBTVQH13 on standards of administrative units and classification of administrative units. Accordingly, this Resolution stipulates the standards of administrative units in rural areas and in urban areas. In rural areas, the highest administrative unit is at the provincial level, while in urban areas, the highest administrative unit is a city directly under the central government – equivalent to the provincial level. Specifically, the standards are as follows:

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2.1. Regulations on organization and standards of the province:

Pursuant to the 2015 Law on Organization of Local Government, grassroots organizations at the provincial level include district/city directly under the province, town and commune/ward/township level.

In addition, the provincial standards are specified in Article 1 of Resolution No. 1211/2016/UBTVQH13 as follows:

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First, about the population size of the province:

– For provinces in highland and mountainous areas, there must be at least 900,000 people;

– For provinces in the delta and other areas, the population size must reach 1,400,000 people or more.

Second, about the natural area to be achieved at the provincial level:

– For highland and mountainous provinces, the natural area must reach 8,000 square kilometers or more;

– For provinces in other regions, the natural area must reach 5,000 square kilometers or more.

Third, about the decentralization of management of grassroots units under the management of the province:

According to the provisions of Clause 3, Article 1 of this Resolution, provincial-level standards must have a total of 11 or more district-level administrative units under the province, including at least one city directly under the province or there is 1 town.

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2.2. Regulations on organization and standards of centrally run cities:

Pursuant to the provisions of the Law on Organization of Local Government in 2015, administrative units directly under the central government include district/district/city/town and commune/ward/township levels. Unlike the provincial level, only centrally run cities have district-level administrative units.

According to Article 4 of Resolution No. 1211/2016/UBTVQH13, the standards of centrally-run cities in urban areas are specified as follows:

First, on population size: According to the provisions of Clause 1, Article 4 of this Resolution, the population size of centrally run cities must reach 1,500,000 people or more.

Second, Regarding the natural area: According to the provisions of Clause 2, Article 4 of this Resolution, the total natural area of ​​a centrally-run city must reach 1500 km2 or more.

Tuesday, Regarding administrative units directly under the central government:

– According to regulations, the number of district-level administrative units of the city directly managed is 11 or more;

– The ratio of the number of districts to the total number of district-level administrative units must reach 60% or more. For example, Hanoi city now has a total of 30 district-level administrative units, of which 12 are districts, 17 are districts and 01 are townships.

Wednesday, on urban recognition conditions:

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Cities directly under the central government must be recognized as urban centers of class I or special cities. The classified area for establishment of a centrally-affiliated city must meet the criteria of a grade I or a special grade urban area.

Thursday, on the structure and level of socio-economic development:

Resolution No. 1211/2016/UBTVQH13 promulgating Appendix 1 specifying the level of socio-economic development that meets the standards of centrally-run cities as follows:

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– The balance of local budget revenues and expenditures must reach a surplus;

– The average income per capita in a year must reach 1.75 times that of the whole country;

– The average economic growth rate in the last 3 years of a centrally run city must be equal to the national average (calculated in %);

– The average poverty rate in the last 3 years must reach the national average (calculated in %);

– The proportion of industry, construction and service business in the economic structure must reach 90%;

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– The rate of labor in the non-agricultural industry in inner cities, inner towns, towns, districts and wards must reach 90%..

3. Legal provisions on classification standards and scoring methods of administrative units of provinces and centrally run cities:

3.1. Regulations on classification standards and how to calculate points for classification of provincial administrative units:

According to the provisions of Article 12 of Resolution No. 1211/2016/UBTVQH1, the classification criteria and method of calculating the points for classification of provincial administrative units are specified as follows:

First, In terms of population size:

– For provinces with 500,000 people or less, 10 points are counted; over 500,000 people, for every additional 30,000 people, 0.5 points will be added, but not exceeding 30 points;

– For provinces in mountainous and highland areas, the rate of 75% specified at Point a of this Clause shall apply.

Second, about natural area: If the natural area is from 1,000 km2 10 points or less; over 1,000 km2 then every 200 km2 be added 0.5 points, but not more than 30 points.

Tuesday, The number of administrative units under the province is defined as follows:

– For provinces with 10 or less district-level administrative units, 2 points are counted; over 10 district-level administrative units, for every additional one administrative unit, 0.5 points will be added, but not exceeding 6 points;

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– For a province with a ratio of 20% or less of the number of provincial cities and towns to the total number of district-level administrative units, 1 point is calculated; over 20%, an extra 5% will be added 0.5 points, but not more than 4 points.

Wednesday, on the level of socio-economic development:

– For provinces with a rate of regulation of revenues distributed to the central budget of 10% or less, 8 points are calculated; over 10%, for every 1% extra, 0.25 points will be added, but not more than 10 points; In the absence of a regulation ratio of revenues to be distributed to the central budget, if there is a decentralized local budget revenue of 50% or less compared to the total local budget balance expenditure, it is calculated as follows: 3 points; over 50%, for every 5% extra, 0.5 points will be added, but not more than 8 points;

– For provinces with a proportion of industry, construction and services in the economic structure of 70% or less, 1 point is calculated; over 70%, for every 5% extra, 0.25 points will be added, but not more than 2 points;

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– For the level of per capita income from the national average level or less, it is calculated 1 point; above the national average, for every 5% increase, 0.25 points will be added, but not more than 2 points;

– Regarding the economic growth rate of that province, if it is below the national average, 1 point is calculated; above the national average, for every 0.5% increase, 0.25 points will be added, but not more than 2 points;

– Some other aspects as prescribed by current law.

3.2. Regulations on classification standards and how to calculate points for classification of administrative units of central-affiliated cities:

According to the provisions of Article 15 of Resolution No. 1211/2016/UBTVQH1, the classification criteria and method of calculating the points for classification of provincial administrative units are specified as follows:

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First, In terms of population size:

– For centrally run cities with 1,000,000 people or less, 20 points are counted;

– For centrally run cities with over 1,000,000 people, for every additional 30,000 people, 0.5 points will be added, but not exceeding 30 points.

Second, In terms of natural area:

– For cities with a total area of ​​1,000 km2 20 points or less;

– The city has over 1,000 km2 then every 50 km2 be added 0.5 points, but not more than 25 points.

Tuesday, on the number of administrative units directly under the central government:

– If the centrally run city has 10 or less district-level administrative units, 2 points will be counted; over 10 district-level administrative units, for every additional 01 administrative unit, 0.5 points will be added, but not exceeding 6 points;

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– For a centrally run city with a ratio of 40% or less of the number of districts to the total number of district-level administrative units, 1 point is calculated; over 40%, an extra 5% will be added 0.5 points, but not more than 4 points.

Wednesday, on the level of socio-economic development:

– For cities with a rate of regulation of revenues distributed to the central budget of 20% or less, 10 points will be calculated; over 20%, each additional 1% will be added 0.25 points, but not more than 15 points;

– Cities with a proportion of industry, construction and services in the economic structure of 70% or less are counted as 1 point; over 70%, for every 5% extra, 0.25 points will be added, but not more than 2 points;

– Cities directly under the Central Government with a per capita income of less than the national average will be counted as 1 point; above the national average, for every 5% increase, 0.25 points will be added, but not more than 2 points;

– A city with an economic growth rate below the national average is counted as 1 point; above the national average, for every 0.5% increase, 0.25 points will be added, but not more than 2 points;

– Some other standards are prescribed by current law.

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