Nghị định 125/2025/NĐ-CP quy định về phân định thẩm quyền của chính quyền địa phương 02 cấp trong lĩnh vực quản lý Nhà nước của Bộ Tài chính

DECREE

DISTINCTION OF POWERS OF 02-LEVEL LOCAL GOVERNMENTS OVER FIELDS UNDER STATE MANAGEMENT OF MINISTRY OF FINANCE

Pursuant to the 2025 Law on Government Organization;

Pursuant to the 2025 Law on Organization of Local Government;

Pursuant to the Resolution No. 190/2025/QH15 dated February 19, 2025 of the National Assembly on settlement of some issues related to restructuring of state apparatus;

At the request of the Minister of Finance;

The Government promulgates Decree on distinction of powers of 02-level local governments over fields under state management of Ministry of Finance.

Chapter I

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Article 1. Scope

This Decree provides for:

1. Distinction of duties and powers of local governments according to the 02-level local government organization model over fields under the state management of the Ministry of Finance, including development investment; bidding; compulsory purchase and requisition of property, land finance, management and use of public property; tax and fee management; price management; insurance business; business households, artels, cooperatives and cooperative unions; development of state-owned enterprises; social policy credit.

2. Procedures for performing duties and powers that are distinguished of provincial-level and commune-level local governments in accordance with regulations of this Decree.

Article 2. Rules for distinction of powers

1. Comply with regulations in the Constitution; follow rules and regulations on devolution, delegation and distinction of powers in the Law on Government Organization and the Law on Organization of Local Government.

2. Ensure that distinction of duties and powers among local governments at all levels is consistent with duties, powers and capabilities of competent authorities and persons performing the distinguished duties and powers; functions and duties of local governments at all levels and authorities and organizations affiliated to local governments are not overlapped or omitted.

3. Clearly distinguish powers of People's Councils, People's Committees, and Chairpersons of People's Committees; clearly distinguish general powers of People's Committees and specific powers of Chairpersons of People's Committees.

4. Maintain legal bases for normal, continuous and transparent operations of authorities, society, people and enterprises; protect human rights and citizenship; and enable individuals and organizations to access information, exercise rights, fulfill obligations and follow procedures according to regulations of law;

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6. Do not affect the implementation of international treaties and agreements to which the Socialist Republic of Vietnam is a signatory.

7. Resources used for distinction of powers shall be covered by state budget according to regulations.

Article 3. Responsibilities of competent authorities, organizations and persons at provincial and commune levels

1. Receive functions, duties, jurisdiction and documents from competent authorities, organizations and persons at the district level and continue to preside over and cooperate with relevant authorities, organizations and persons in performing the assigned tasks.

2. Proactively issue documents within their powers to carry out tasks distinguished in this Decree and update and report performance of duties, jurisdiction, difficulties and problems arising to competent authorities and persons to be provided with guidance and promptly overcome such difficulties and problems.

Article 4. Fees and charges

Organizations and individuals initiating administrative procedures shall pay fees and charges according to regulations of law on fees and charges. They shall pay fees and charges to document-receiving authorities when requested for processing of administrative procedures, except for cases exempted from fees and charges upon arrangement and reorganization of state apparatus according to regulations of law. Payers may pay fees and charges in person or online via public service portals of state authorities.

Chapter II

DISTINCTION OF POWERS OVER INVESTMENT IN DEVELOPMENT UPON ORGANIZATION OF 02-LEVEL LOCAL GOVERNMENTS

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1. Powers of district-level People's Councils, district-level People's Committees, and district-level financial authorities as prescribed in the Resolution No. 111/2024/QH15 dated January 18, 2024 of the National Assembly to implement national target programs shall be exercised as follows:

a) Commune-level People's Councils shall exercise powers of district-level People's Councils specified in point c clause 1, point a clause 6, points b and c clause 7, point a clause 8 Article 4 of the Resolution No. 111/2024/QH15;

b) Commune-level People's Committees shall exercise powers of district-level People's Committees specified in point b clause 2 Article 4 of the Resolution No. 111/2024/QH15;

c) Specialized authorities are assigned by commune-level People's Committees to exercise powers of financial authorities affiliated to district-level People's Committees specified in point b1 clause 4 Article 4 of the Resolution No. 111/2024/QH15;

d) District specified in clause 7 Article 3 of the Resolution No. 111/2024/QH15 shall be changed into province;

dd) The selection of districts for implementation of the pilot delegation mechanism specified in point a clause 7 Article 4 of the Resolution No. 111/2024/QH15 shall be carried out as follows:

“a1) New communes, wards or special zones that are established from rearrangement of communes, wards or commune-level towns in the districts where the pilot delegation mechanism is implemented in accordance with regulations in clause 7 Article 4 of the Resolution No. 111/2024/QH15 may implement such mechanism when district-level local governments are abolished.

2. Powers and duties of district-level People's Councils, district-level People's Committees, leaders of district-level People's Committees, leaders of specialized departments and boards affiliated to district-level People's Committees, and district-level authorities prescribed in the Government’s Decree No. 27/2022/ND-CP dated April 19, 2022 and the Government’s Decree No. 38/2023/ND-CP dated June 24, 2023 shall be performed as follows:

a) Commune-level People's Councils shall exercise powers of district-level People's Councils specified in clause 5 Article 6 of the Decree No. 27/2022/ND-CP (amended by clause 3 Article 1 of the Decree No. 38/2023/ND-CP);

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c) Provincial-level authorities shall provide guidance and notify the estimated state budget funds for implementation of the national target programs at the district level specified in clause 3 Article 8 of the Decree No. 27/2022/ND-CP;

d) Provincial-level People's Committees shall perform duties of district-level People's Committees to consolidate plans for implementation of national target programs at the commune level specified in point dd clause 3 Article 8 of the Decree No. 27/2022/ND-CP;

dd) Commune-level People's Committees shall exercise powers of district-level People's Committees specified in point d clause 5 Article 9 of the Decree No. 27/2022/ND-CP (amended by clause 5 Article 1 of the Decree No. 38/2023/ND-CP);

e) Provincial-level People's Committees shall exercise powers of district-level People's Committees specified in clause 4 Article 15, point b clause 2 Article 16 of the Decree No. 27/2022/ND-CP;

g) Districts specified in point b and point c clause 2, point b clause 3 Article 17 of the Decree No. 27/2022/ND-CP shall be changed into provinces;

h) Leaders of commune-level People's Committees shall perform duties of leaders of district-level People's Committees that previously held the positions of Presidents and members of Appraisal Councils of district-level People's Committees as prescribed in point c clause 3 Article 21 of the Decree No. 27/2022/ND-CP (amended by clause 12 Article 1 of the Decree No. 38/2023/ND-CP);

i) Commune-level People's Committees shall exercise powers of Chairpersons of district-level People's Committees specified in point d clause 3 Article 21 of the Decree No. 27/2022/ND-CP (amended by clause 12 Article 1 of the Decree No. 38/2023/ND-CP) under their management;

k) Commune-level People's Committees shall exercise powers of district-level People's Committees specified in point c clause 3 Article 22 of the Decree No. 27/2022/ND-CP (amended by clause 13 Article 1 of the Decree No. 38/2023/ND-CP);

l) Leaders of commune-level People's Committees, representatives of financial authorities, plan/investment authorities and other specialized authorities affiliated to commune-level People's Committees shall perform duties of leaders of district-level People's Committees that previously held the positions of heads of appraisal groups, representatives of financial authorities, investment authorities and specialized divisions and boards affiliated to district-level People's Committees and members of appraisal groups specified in point c clause 3 Article 22 the Decree No. 27/2022/ND-CP (amended by clause 13 Article 1 of the Decree No. 38/2023/ND-CP);

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n) Commune-level People's Committees shall exercise powers of district-level People's Committees specified in point a clause 4 Article 40 of the Decree No. 27/2022/ND-CP (amended by clause 22 Article 1 of the Decree No. 38/2023/ND-CP).

Article 6. Power to perform duties and exercise jurisdiction to manage, disburse, pay and make final settlement of investment funds for publicly-funded projects

1. After the 02-level local government model is applied, the power to approve final accounts of expenses for compensation, support or relocation specified in clause 3 Article 32 of the Decree No. 99/2021/ND-CP dated November 11, 2021 shall be exercised as follows:

In case the project's plan for compensation, support or relocation has been approved by the commune-level People's Committee before the 02-level local government model is applied, the Chairperson of the People's Committee managing the unit or organization assigned compensation, support or relocation (after the 02-level local government model is applied) shall approve final accounts of expenses for compensation, support or relocation for the completed project.

2. The power to approve final accounts of public investment funds for the completed projects during and after improvement of the 2-level local government apparatus specified in clause 1 Article 35 of the Decree No. 99/2021/ND-CP shall be exercised as follows:

During and after improvement of the 2-level local government apparatus, the power over final accounts of public investment funds for the completed projects within the approval power of the Chairperson of the district-level People's Committee shall be exercised. To be specific:

The Chairperson of the provincial-level People's Committee shall approve final accounts of public investment funds for the completed projects handed over by the district-level authority/unit to the provincial-level authority/unit.

The Chairperson of the commune-level People's Committee shall approve final accounts of public investment funds for the completed projects handed over by the district-level authority/unit to the commune-level authority/unit.

3. The commune-level People's Committee shall exercise the power of the district-level Division of Finance and Plan to report final accounts of public investment funds for the completed projects in the budgetary year as specified in clause 2 Article 48 of the Decree No. 99/2021/ND-CP.

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1. Powers, duties and jurisdiction of deciders of investment guidelines for programs/plans:

a) Provincial-level People's Councils shall perform duties, powers and jurisdiction of the deciders of investment guidelines for public investment programs whose investment guidelines were previously decided by district-level People's Councils in accordance with clause 6 Article 18 of the Law on Public Investment before the effective date of this Decree.

If necessary, provincial-level People's Councils shall decide to assign commune-level People's Councils to perform duties, powers and jurisdiction of the deciders of investment guidelines for public investment programs specified in this point;

b) Provincial-level People's Committees shall perform duties, powers and jurisdiction of the deciders of investment guidelines for public investment projects whose investment guidelines were previously decided by district-level People's Councils or district-level People's Committees in accordance with clause 8 Article 18 and clause 2, clause 3, clause 4 Article 103 of the Law on Public Investment before the effective date of this Decree.

If necessary, provincial-level People's Committees shall decide to assign commune-level People's Committees to perform duties, powers and jurisdiction of the deciders of investment guidelines for public investment projects specified in this point.

2. Powers over projects involving at least 02 provincial-level administrative divisions:

a) Provincial-level People's Committees, after the arrangement, shall perform duties, powers and jurisdiction of governing bodies of projects allocated to provincial-level People's Committees that are governing bodies in accordance with Article 30 of the Law on Public Investment before the effective date of this Decree.

b) Provincial-level People's Committees shall perform duties, powers and jurisdiction of governing bodies of projects allocated to district-level People's Committees that are governing bodies in accordance with clause 1 Article 31 of the Law on Public Investment before the effective date of this Decree.

If necessary, provincial-level People's Committees shall decide to assign commune-level People's Committees to perform duties, powers and jurisdiction of governing bodies of projects specified in this point.

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a) Chairpersons of provincial-level People's Committees shall perform duties, powers and jurisdiction of the deciders of investment in public investment programs/plans in which investment was previously decided by district-level People's Committees in accordance with clause 4 Article 38 of the Law on Public Investment before the effective date of this Decree.

If necessary, Chairpersons of provincial-level People's Committees shall decide to assign Chairpersons of commune-level People's Committees to perform duties, powers and jurisdiction of the deciders of investment in public investment programs and projects specified in this point;

b) Chairpersons of commune-level People's Committees, after the arrangement, shall perform duties, powers and jurisdiction of the deciders of investment in public investment projects in which investment was decided by Chairpersons of commune-level People's Committees in accordance with clause 4 Article 38 of the Law on Public Investment before the effective date of this Decree; in case the commune having the power to decide investment guidelines cannot be determined after the rearrangement of boundaries of multiple communes, the Chairperson of provincial-level People's Committee shall decide to assign the Chairperson of the commune-level People's Committee to receive the power of the decider of investment.

c) Chairpersons of provincial-level People's Committees shall approve cost estimates for investment preparatory tasks and planning tasks approved by district-level People's Committees in accordance with clause 2 Article 44 of the Law on Public Investment before the effective date of this Decree.

If necessary, Chairpersons of provincial-level People's Committees shall decide to assign Chairpersons of commune-level People's Committees to approve cost estimates for investment preparatory tasks and planning tasks specified in this point.

4. Power to decide medium-term and annual public investment plans:

a) Regarding medium-term public investment plans using state budget's capital for the period of 2021-2025, public investment plans using state budget's capital in 2025 and public investment plans using state budget's capital in 2024 the deadlines for execution and disbursement of which are postponed to 2025 in accordance with regulations in clause 9, Article 59, clause 7 Article 60, clause 2 Article 72 of the Law on Public Investment, the provinces and cities established after the arrangement shall inherit all public investment plans of those before rearrangement.

b) Regarding medium-term public investment plans for the 2021-2025 period, public investment plans in 2025 and public investment plans using state budget's capital in 2024 of districts the deadlines for execution and disbursement of which are postponed to 2025 in accordance with regulations in clause 9, Article 59, clause 7 Article 60, clause 2 Article 72 of the Law on Public Investment, on the basis of the capital structure within the total investment, the hierarchy of local government budgets, specific objectives, programs and projects after organization of 02-level local governments, provincial-level People's Councils shall decide to include medium-term and annual public investment plans of districts in medium-term and annual public investment plans of provinces or communes.

If necessary, provincial-level People's Councils shall decide to assign provincial-level People's Committees to decide to adjust medium-term and annual public investment plans according to regulations of this clause to conform to development objectives and orientation, balance capacity and specific characteristics of provinces and resolve urgent and important issues arising from arrangement of administrative divisions and organization of 02-level local governments.

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5. Regarding change in geographical names of certain places upon organization of 02-level local governments, decisions on investment guidelines and investment, medium-term public investment plans and annual public investment plans are not required to be adjusted.

Article 8. Power to perform duties and exercise jurisdiction in the field of public-private partnership investment

Commune-level People's Committees shall perform district-level People's Committees' duties to preside over and organize inspection of selection of investors when requested by investor selection inspection authorities in accordance with clause 3 Article 87 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021.

Chapter III

DISTINCTION OF POWERS OVER BIDDING UPON ORGANIZATION OF 02-LEVEL LOCAL GOVERNMENTS

Article 9. Power to perform duties and exercise jurisdiction in the field of bidding for selection of investors for projects requiring bidding as prescribed by specialized laws

1. Commune-level People's Committees shall perform duties of EOI Requesters specified in clause 2 Article 3, clause 3 Article 36 and organize preparation for project proposals specified in point a clause 1 Article 10 of the Government’s Decree No. 23/2024/ND-CP dated February 27, 2024 (amended by clause 7 Article 66 of the Government’s Decree No. 115/2024/ND-CP dated September 16, 2024).

2. Chairpersons of commune-level People's Committees shall approve bidding documents as authorized in accordance with clause 3 Article 54 and Article 55 of the Government’s Decree No. 23/2024/ND-CP dated February 27, 2024

Article 10. Power to perform duties and exercise jurisdiction in the field of bidding for selection of investors executing investment projects involving land use

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2. Chairpersons of commune-level People's Committees shall exercise powers of Chairpersons of district-level People's Committees specified in clause 9 Article 48, clause 3 Article 56 and Article 57 of the Government’s Decree No. 115/2024/ND-CP.

3. Regulations in clause 5 Article 48 of the Decree No. 115/2024/ND-CP are applicable to reference land zones, land banks or land parcels within communes.

Article 11. Powers over commissioning, ordering and tendering for public-sector goods and services funded by state budget's regular expenditures

1. Commune-level People's Committees shall exercise powers of district-level People's Committees specified in clause 3 Article 6, clause 2 Article 7, point a clause 1 Article 8, note (1) Form No. 01 enclosed with the Government's Decree No. 32/2019/ND-CP dated April 10, 2019.

2. Regulations in clause 1 Article 2 of the Decree No. 32/2019/ND-CP are applicable to ministries, ministerial-authorities, Governmental authorities, provincial-level People's Committees, commune-level People's Committees and their affiliates authorized to commission, order and tender for public-sector goods and services funded by state budget's regular expenditures.

Chapter IV

DISTINCTION OF POWERS OVER COMPULSORY PURCHASE AND REQUISITION OF PROPERTY, LAND FINANCE, MANAGEMENT AND USE OF PUBLIC PROPERTY UPON ORGANIZATION OF 02-LEVEL LOCAL GOVERNMENTS

Section 1. COMPULSORY PURCHASE AND REQUISITION OF PROPERTY, LAND FINANCE

Article 12. Power to perform duties and exercise jurisdiction in the field of compulsory purchase and requisition of property

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2. Chairpersons of People's Committees of communes where property to be compulsorily requisitioned is available, shall perform duties of Chairpersons of district-level People's Committees to organize compulsory execution of decisions on compulsory requisition of property as prescribed in Article 31 of the Law on Compulsory Purchase and Requisition of Property.

3. Chairpersons of commune-level People's Committees shall exercise powers of Chairpersons of district-level People's Committees to decide fixed-term use of land as prescribed in clause 4 Article 41 of the Law on Compulsory Purchase and Requisition of Property.

Article 13. Power to confirm the amount of compensation, support or relocation deducted from land levy or land rent payable in the field of land finance

Commune-level People's Committees shall exercise powers of district-level People's Committees to confirm the amounts of compensation, support or relocation deducted from land levies or land rents payable as prescribed in Article 16, Article 31 of the Government’s Decree No. 103/2024/ND-CP dated July 30, 2024.

In case of site clearance involving at least 02 communes, Chairpersons of provincial-level People's Committees shall decide to assign authorities affiliated to provincial-level People's Committees or commune-level People's Committees to confirm the amounts of compensation, support or relocation deducted from land levies or land rents payable as prescribed in the land law and other relevant laws.

Section 2. MANAGEMENT AND USE OF PUBLIC PORPERTY AT AUTHORITIES, ORGANIZATIONS, UNITS AND AUTHORITIES OF THE COMMUNIST PARTY OF VIETNAM

Article 14. Power to perform duties and exercise jurisdiction to manage and use public property at authorities, organizations, units

1. Commune-level People's Committees shall exercise powers of district-level People's Committees to approve plans for operating public property and prepare reports on declaration of public property specified in point c clause 3 Article 19, Article 127 of the Government’s Decree No. 151/2017/ND-CP dated November 26, 2017 (amended by clause 7 Article 1 of the Government’s Decree No. 50/2025/ND-CP dated February 28, 2025, clause 64 Article 1 of the Government’s Decree No. 114/2024/ND-CP dated September 15, 2024).

2. Specialized authorities assigned by commune-level People's Committees shall exercise powers and perform duties of financial authorities, construction authorities and authorities in charge of management and use of public property affiliated to district-level People's Committees specified in point c clause 1 Article 18, point c clause 3 Article 23, point d clause 1 Article 29 of the Decree No. 151/2017/ND-CP (amended by clause 10 Article 1 of the Decree No. 114/2024/ND-CP, clause 7, clause 11, clause 15 Article 1 of the Decree No. 50/2025/ND-CP).

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1. CPV Committees of Communes shall exercise or delegate powers to exercise district-level standing CPV Committees’ powers to decide purchase, sale, liquidation, destruction or disposal of property managed by commune-level authorities affiliated to the Communist Party of Vietnam in case such property is lost or damaged as prescribed in point d clause 5 Article 13, point d clause 2 Article 26, point c clause 3 Article 27, point c clause 2 Article 28, point c clause 2 Article 29 of the Government’s Decree No. 165/2017/ND-CP dated December 31, 2017.

2. Provincial-level standing CPV Committees shall exercise district-level standing CPV Committees’ powers to decide to withdraw property managed by commune-level authorities affiliated to the Communist Party of Vietnam as prescribed in clause 2 Article 24, point b, point c clause 2 Article 25 of the Decree No. 165/2017/ND-CP.

3. Provincial-level CPV Committee Offices shall perform duties and exercise jurisdiction of district-level CPV Committee Offices when initiating procedures for withdrawal, disposal and operation of property at authorities affiliated to the Communist Party of Vietnam after the property is withdrawn as prescribed in clause 3 Article 24 of the Decree No. 165/2017/ND-CP.

4. Provincial-level Departments of Finance shall perform duties and exercise jurisdiction of district-level Divisions of Finance and Plan when initiating procedures for withdrawal, disposal and operation of property at authorities affiliated to the Communist Party of Vietnam after the property is withdrawn as prescribed in clause 3 Article 24 of the Decree No. 165/2017/ND-CP.

5. CPV Committees of Communes shall fulfill district-level CPV Committee Offices’ responsibilities for report on property specified in Article 32 of the Decree No. 165/2017/ND-CP.

CPV Committees of Communes shall send reports on property granted in kind by the State or property built by investment or procured from the state budget to provincial-level CPV Committee Offices and commune-level People's Committees as prescribed in clause 4 Article 32 of the Decree No. 165/2017/ND-CP.

CPV Committees of Communes shall send reports on property other than that specified in clause 5 Article 32 of the Decree No. 165/2017/ND-CP to provincial-level CPV Committee Offices.

Section 3. MANAGEMENT, USE AND OPERATION OF INFRASTRUCTURE

Article 16. Power to manage, use and operate road traffic infrastructure

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2. Commune-level People's Committees shall perform duties and exercise jurisdiction of district-level property-managing authorities specified in point c clause 3 Article 2, point b clause 1 Article 5, point b clause 4, point a clause 8 Article 13 of the Decree No. 44/2024/ND-CP.

3. Chairpersons of provincial-level People's Committees shall decide to assign commune-level People's Committees or specialized authorities affiliated to provincial-level People's Committees to perform duties and exercise jurisdiction of district-level People's Committees specified in point b clause 4, point a clause 8, Article 13 of the Decree No. 44/2024/ND-CP.

4. Chairpersons of provincial-level People's Committees shall decide to assign commune-level People's Committees or specialized authorities affiliated to provincial-level People's Committees to perform duties and exercise jurisdiction of specialized authorities affiliated to district-level People's Committees specified in point c clause 2, point d clause 4, Article 23 of the Decree No. 44/2024/ND-CP.

Article 17. Power to manage, use and operate market infrastructure

1. Commune-level People's Committees shall perform duties and exercise jurisdiction of district-level market infrastructure authorities specified in clause 2 Article 15, clause 2 Article 17, point a clause 3 Article 29 of the Government’s Decree No. 60/2024/ND-CP dated June 05, 2024.

2. Commune-level People's Committees shall perform duties and exercise jurisdiction of district-level People's Committees specified in Article 17, point b clause 2, point a clause 4 Article 24, point a clause 4 Article 25, point b, point c clause 2 Article 28, point a clause 3 Article 29, point b clause 2 Article 30, point b clause 2 Article 31 of the Decree No. 60/2024/ND-CP.

Article 18. Power to manage, use and operate irrigation infrastructure

1. Commune-level People's Committees shall perform duties and exercise jurisdiction of district-level irrigation authorities specified in Article 9, point a clause 6 Article 21, point a clause 3, point a clause 4, point a clause 5 Article 22 of the Government’s Decree No. 08/2025/ND-CP dated January 09, 2025.

2. Commune-level People's Committees shall perform duties and exercise jurisdiction of district-level People's Committees specified in point d clause 3, clause 4 Article 6, Article 9, clause 1 Article 13, point c clause 3 Article 15, point a clause 6 Article 16, point a clause 6 Article 17, point a clause 6 Article 21, point a clause 3, point a clause 4, point a clause 5 Article 22, point b clause 2, point c clause 5 Article 23, point b clause 2, point c clause 4 Article 24 of the Decree No. 08/2025/ND-CP.

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Article 19. Power to perform duties and exercise jurisdiction to manage, use and operate inland waterway infrastructure

1. Commune-level People's Committees shall perform duties and exercise jurisdiction of district-level inland waterway authorities specified in point c clause 2 Article 2 and point a clause 3 Article 25 of the Government’s Decree No.12/2025/ND-CP dated January 20, 2025

2. Commune-level People's Committees shall perform duties and exercise jurisdiction of district-level property-managing authorities specified in point c clause 3 Article 2, point b clause 1 Article 5, Article 13, point b clause 5 Article 14 of the Decree No. 12/2025/ND-CP.

3. Commune-level People's Committees shall perform duties and exercise jurisdiction of district-level Divisions of Finance and Plan specified in point a clause 5 Article 16 of the Decree No. 12/2025/ND-CP.

4. Commune-level People's Committees shall perform duties and exercise jurisdiction of district-level People's Committees specified in point b clause 2 Article 19, point b clause 4 Article 22, point a clause 3 Article 23 and point b clause 1 Article 24 of the Decree No. 12/2025/ND-CP.

5. Commune-level People's Committees shall perform duties and exercise jurisdiction of specialized authorities affiliated to district-level People's Committees specified in clause 3 and clause 4 Article 21 of the Decree No. 12/2025/ND-CP

Section 4. ESTABLISHMENT OF ALL-PEOPLE OWNERSHIP OF PROPERTY AND DISPOSAL OF PROPERTY UNDER ESTABLISHED ALL-PEOPLE OWNERSHIP

Article 20. Power to decide establishment of and approve plans for disposal of property under established all-people ownership

1. Chairpersons of commune-level People's Committees shall exercise powers of Chairpersons of district-level People's Committees to decide establishment of all-people ownership of derelict real estates, lost or mislaid property, or unclaimed inheritance specified in clause 2 Article 25 of the Government’s Decree No. 77/2025/ND-CP dated April 01, 2025.

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3. Chairpersons of commune-level People's Committees shall exercise powers of Chairpersons of district-level People's Committees to approve plans for disposal of confiscated exhibits and equipment used for committing administrative violations specified in point b clause 3 Article 9 of the Decree No. 77/2025/ND-CP.

4. Specialized authorities assigned by commune-level People's Committees shall exercise powers of district-level Divisions of Finance – Plan to prepare or propose plans for disposal of property specified in point b clause 3 Article 9, point b clause 1 Article 19, clause 2 Article 21, clause 2 Article 30, clause 2 Article 32, point b clause 2 Article 46 of the Decree No. 77/2025/ND-CP.

5. Duties and jurisdiction to initiate procedures for deciding establishment of all-people ownership shall be performed and exercised as follows:

a) Commune-level People's Committees shall perform duties and exercise jurisdiction of district-level People's Committees to initiate procedures for deciding establishment of all-people ownership of confiscated property that is exhibits or convict’s property, derelict real estates, lost or mislaid property, or unclaimed inheritance as prescribed in clause 2 Article 21, clause 2 Article 26, clause 3 Article 27, clause 3 Article 28 of the Decree No. 77/2025/ND-CP;

b) Chairpersons of commune-level People's Committees shall perform duties and exercise jurisdiction of Chairpersons of district-level People's Committees to initiate procedures for deciding establishment of all-people ownership of confiscated property that is exhibits or convict’s property, derelict real estates, lost or mislaid property, or unclaimed inheritance as prescribed in clause 2 Article 21, clause 2, clause 4 Article 27, clause 2, clause 4 Article 28 of the Decree No. 77/2025/ND-CP;

c) Specialized authorities assigned by commune-level People's Committees shall perform duties and exercise jurisdiction of Chairpersons of district-level Divisions of Finance and Plan to initiate procedures for deciding establishment of all-people ownership of confiscated property that is exhibits or convict’s property, derelict real estates, lost or mislaid property, or unclaimed inheritance as prescribed in clause 2 Article 21, clause 1, clause 2 Article 26, Article 27, Article 28 of the Decree No. 77/2025/ND-CP.

6. Duties and jurisdiction to initiate procedures for formulating and approving property disposal plans shall be performed and exercised as follows:

a) Commune-level People's Committees shall perform duties and exercise jurisdiction of district-level People's Committees to initiate procedures for formulating and approving plans to dispose property whose ownership is voluntarily transferred by its owner to the State as prescribed in clause 3 Article 48 of the Decree No. 77/2025/ND-CP;

b) Chairpersons of commune-level People's Committees shall perform duties and exercise jurisdiction of Chairpersons of district-level People's Committees to initiate procedures for formulating and approving plans to dispose derelict real estates, lost or mislaid property, or unclaimed inheritance, property whose ownership is voluntarily transferred by its owner to the State as prescribed in clause 2 Article 30, clause 2 Article 31, point a, point b clause 2 Article 32, point b clause 2 Article 46, clause 3, point a clause 4 Article 48 of the Decree No. 77/2025/ND-CP;

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7. Specialized authorities affiliated to commune-level People’s Committees shall perform the following duties and jurisdiction:

a) Act as units presiding over management of property transferred by judgment-enforcing authorities and not transferred to Departments of Finance specified in clause 2 Article 5 of the Decree No. 77/2025/ND-CP, derelict real estates, lost or mislaid property, or unclaimed inheritance under the management of district-level Divisions of Finance – Plan specified in clause 4 Article 5 of the Decree No. 77/2025/ND-CP;

b) Receive and preserve property buried, concealed or sunk as specified in clause 3 Article 72 of the Decree No. 77/2025/ND-CP;

c) Act as members of asset auction councils, valuation councils specified in point b clause 4 Article 14, point b clause 1 Article 84 of the Decree No. 77/2025/ND-CP.

8. Specialized authorities assigned by commune-level People's Committees shall perform duties of district-level Divisions of Finance – Plan to act as escrow account holders as prescribed in point c clause 1 Article 101 of the Decree No. 77/2025/ND-CP.

9. Chairpersons of commune-level People's Committees shall exercise powers of chairpersons of district-level People's Committees to decide establishment of all-people ownership and transfer of electricity works funded by non-state sources as prescribed in point a clause 1 Article 14 of the Government’s Decree No. 02/2024/ND-CP dated January 10, 2024.

Section 5. DISPOSITION OF HOUSES AND LAND; MANAGEMENT AND UTILIZATION OF HOUSES AND LAND WHICH ARE PUBLIC PROPERTIES NOT USED FOR RESIDENTIAL PURPOSES AND ASSIGNED TO LOCAL HOUSING MANAGEMENT AND TRADING ORGANIZATIONS FOR MANAGEMENT AND UTILIZATION

Article 21. Power to dispose houses and land

Commune-level People's Committees shall perform duties and exercise jurisdiction of district-level People's Committees to formulate plans for disposal of houses and land and inspection of current status of houses and land as prescribed in point b clause 3 Article 4, clause 1 Article 7 of the Government’s Decree No. 03/2025/ND-CP dated January 01, 2025.

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Commune-level People's Committees shall perform duties and exercise jurisdiction of district-level People's Committees specified in point a clause 3 Article 6, clause 4 Article 9, clause 1 Article 13, point c clause 3 Article 17, clause 1 Article 31 of the Government's Decree No. 108/2024/ND-CP dated August 23, 2024.

Chapter V

DISTINCTION OF POWERS OVER MANAGEMENT OF TAX, FEES, PRICES AND INSURANCE BUSINESS UPON ORGANIZATION OF 02-LEVEL LOCAL GOVERNMENTS

Article 23. Power to decide establishment of tax consulting councils of communes or wards

Chairpersons of commune-level People's Committees shall exercise powers of Chairpersons of district-level People's Committees to decide establishment of tax consulting councils of communes or wards specified in clause 1 Article 28 of the Law on Tax Administration.

Article 24. Power to issue enforcement decisions

Chairpersons of commune-level People's Committees shall exercise powers of Chairpersons of district-level People's Committees to issue decisions on enforcement of tax decisions they issued as prescribed in point a clause 3 Article 31, point a clause 3 Article 32, point a.3 clause 3 Article 34, point a clause 5 Article 35, point a clause 3 Article 36 of the Government’s Decree No. 126/2020/ND-CP dated October 19, 2020.

Article 25. Cooperation between tax authorities and local governments specified in Article 25 of the Government’s Decree No. 126/2020/ND-CP dated October 2020

Commune-level People's Committees shall perform district-level People's Committees’ duties to direct local functional authorities to cooperate with tax authorities in issuance or revocation of certificates of business household/cooperative registration in cases tax debts are cancelled as specified in point d.1 clause 1 Article 25 of the Decree No. 126/2020/ND-CP.

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Commune-level People's Committees shall perform district-level People's Committees’ duties to cooperate with tax authorities in direction and provision of guidance for commune-level authorities on classification of land subject to tax, inspection and consolidation of results of classification of local land as specified in Article 6 of the Government's Decree No. 73-CP dated October 25, 1993.

Article 27. Power to perform duties and exercise jurisdiction in the field of environmental protection fees

Specialized authorities assigned by commune-level People's Committees shall exercise powers of district-level Divisions of Natural Resources and Environment to collect environmental protection fees on air emissions as prescribed in Article 4 of the Decree No. 153/2024/ND-CP dated November 21, 2024 and environmental protection fees on wastewater as prescribed in clause 1 Article 3 of the Decree No. 53/2020/ND-CP dated May 05, 2020.

Article 28. Power to establish asset valuation councils upon enforcement by distraining assets and selling distrained assets at auction

Chairpersons of commune-level People's Committees shall exercise powers of Chairpersons of district-level People's Committees to establish asset valuation councils specified in point a clause 10 Article 35 of the Decree No. 126/2020/ND-CP.

Article 29. Consolidation and appraisal of lists of agricultural producers eligible for assistance

1. Commune-level People's Committees shall perform district-level People's Committees’ duties to consolidate and appraisal lists of agricultural producers eligible for assistance specified in point b, point c clause 2 Article 24 of the Government's Decree No. 58/2018/ND-CP dated April 18, 2018.

2. Procedures for consolidation and appraisal of list of agricultural producers eligible for assistance shall be followed as follows:

Within 15 days from the date of receipt of the adequate and valid application specified in clause 1 Article 24 of the Decree No. 58/2018/ND-CP, according to the Prime Minister’s Decision, the provincial-level People's Committee’s announcement on areas eligible for assistance specified in clause 2 Article 21 of the Decree No. 58/2018/ND-CP and the application for approval for entities eligible for assistance, the commune-level People's Committee shall review, consolidate and appraise list of applicants for approval and send it to the agriculture authority affiliated to the provincial-level People's Committee.

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1. Commune-level People's Committees shall perform district-level People's Committees’ duties specified in clause 4 Article 24 of the Decree No. 58/2018/ND-CP.

2. Procedures for consolidation and submission of lists of agricultural producers that are no longer eligible for assistance or poor or near poverty households that are re-classified shall be followed as follows:

The agricultural producer included in the decision on approval for the list of agricultural producers eligible for assistance shall carry out review. In case where such agricultural producer is no longer eligible for assistance or according to results of annual investigation and review carried out by the competent authority, a poor or near poverty household is re-classified, resulting in a change in assistance in agricultural insurance premiums, within 05 working days from the date on which the agricultural producer is no longer eligible for assistance or from the effective date of the decision on recognition of a poor or near poverty household, the agricultural producer shall send a written notice made using the Form No. 04 in the Appendix enclosed with the Decree No. 58/2018/ND-CP to the commune-level People’s Committee.

Within 10 days from the end of the month, the commune-level People’s Committee shall consolidate and send the approved list of agricultural producers eligible for assistance to the agriculture authority affiliated to the provincial-level People's Committee for review and adjustment to the list according to clause 3 Article 24 of the Decree No. 58/2018/ND-CP and appraisal the application for provision of assistance in agricultural insurance premiums as prescribed in point b clause 2 Article 26 of the Decree No. 58/2018/ND-CP.

Article 31. Receipt of Decision to return agricultural insurance premiums covered by state budget to insurer or request insurer to return agricultural insurance premiums covered by state budget to state budget 

1. The commune-level People’s Committee shall receive the decision to return agricultural insurance premiums covered by state budget to the insurer or request the insurer to return agricultural insurance premiums covered by state budget to state budget, which was previously sent to the district-level People’s Committee as prescribed in point c clause 6 Article 27 of the Decree No. 58/2018/ND-CP.

2. Procedures for exercising power to receive the Decision to return agricultural insurance premiums covered by state budget to the insurer or request the insurer to return agricultural insurance premiums covered by state budget to state budget shall be followed as follows:

According to the appraisal result, within 10 days, the agriculture authority affiliated to the provincial-level People's Committee shall prepare and submit a report to the provincial-level People’s Committee, which will consider issuing the Decision to return agricultural insurance premiums covered by state budget to the insurer or request the insurer to return agricultural insurance premiums covered by state budget to state budget as prescribed in point b clause 6 Article 27 of the Decree No. 58/2018/ND-CP.

Such decision shall be sent to the agriculture authority and the financial authority affiliated to the People’s Committee of the province, the State Treasury of the province, the People’s Committee of the commune where the entities eligible for assistance and relevant insurers are available.

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The commune-level People’s Committee shall exercise the power of the district-level People’s Committee to organize price stabilization within the commune as assigned by the provincial-level People’s Committee as prescribed in point b clause 2 Article 20 of the Law on Prices and point a clause 2 Article 6 of the Government’s Decree No. 85/2024/ND-CP dated July 10, 2024.

Chapter VI

DISTINCTION OF POWERS OVER STATE MANAGEMENT OF BUSINESS HOUSEHOLDS, ARTELS, COOPERATIVES AND COOPERATIVE UNIONS UPON ORGANIZATION OF 02-LEVEL LOCAL GOVERNMENTS

Section 1. STATE MANAGEMENT OF BUSINESS HOUSEHOLDS

Article 33. Duties and power to register business households

1. Specialized authorities or administrative organizations assigned by commune-level People’s Committees (hereinafter referred to as “commune-level business registration authorities”) shall perform duties and exercise powers of district-level Divisions of Finance – Plan (district-level business registration authorities) to register business households as prescribed in Articles 82, 83, 85, 87, 89, 90, 91, 92, 93 and 94 of the Government’s Decree No. 01/2021/ND-CP dated January 04, 2021.

2. Commune-level business registration authorities shall receive and process registration of business households specified in clause 1 of this Article according to the procedures specified in Articles 82, 83, 85, 87, 89, 90, 91, 92, 93 and 94 of the Decree No. 01/2021/ND-CP.

3. Forms used for registration of business households shall comply with regulations issued by the Minister of Finance.

Article 34. Responsibilities of business registration authorities at all levels for registration of business households

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2. Commune-level business registration authorities shall perform duties and exercise powers of district-level business registration authorities specified in Article 16 of the Decree No. 01/2021/ND-CP.

3. Commune-level business registration authorities shall perform district-level business registration authorities’ duties to receive copies of enterprise registration certificates and original certificates of household business registration and shutdown business households specified in clause 3 Article 27 of the Decree No. 01/2021/ND-CP.

4. Household business registration principles that were previously applied to district-level business registration authorities specified in Article 84 of the Decree No. 01/2021/ND-CP shall be applicable to commune-level business registration authorities

5. Regulations on proper names of business households within districts specified in clause 4 Article 88 of the Decree No. 01/2021/ND-CP shall apply to business households within communes.

Section 2. STATE MANAGEMENT OF ARTELS, COOPERATIVES AND COOPERATIVE UNIONS

Article 35. Duties and power to register artels, cooperatives and cooperative unions

1. Commune-level business registration authorities shall perform duties and exercise powers of district-level business registration authorities to register artels, cooperatives and cooperative unions specified in Articles 10, 11, 13, 14, 15, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 31, 32, 33, 36, 37, 39, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 58, 59, 60, 61, 62, 63, 64 and 65 of the Government’s Decree No. 92/2024/ND-CP dated July 18, 2024.

2. Commune-level business registration authorities shall receive and process registration of artels, cooperatives and cooperative unions specified in clause 1 of this Article according to the procedures specified in Articles 10, 11, 13, 14, 15, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 31, 32, 33, 36, 37, 39, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 58, 59, 60, 61, 62, 63, 64 and 65 of the Decree No. 92/2024/ND-CP.

3. Forms used for registration of artels, cooperatives and cooperative unions and notification of establishment, change or shutdown of artels shall comply with regulations issued by the Minister of Finance.

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1. Provincial-level business registration authorities have the same duties and jurisdiction to/over commune-level business registration authorities as those they previously had to/over district-level business registration authorities as prescribed in clause 1 and clause 2 Article 6 of the Decree No. 92/2024/ND-CP.

2. State authorities in charge of registration of artels, cooperatives and cooperative unions have the same responsibilities to commune-level business registration authorities as those they previously had to district-level business registration authorities as prescribed in clause 1 and clause 4 Article 8 of the Decree No. 92/2024/ND-CP.

3. Commune-level business registration authorities shall perform duties and exercise jurisdiction of district-level business registration authorities specified in Article 7 of the Decree No. 92/2024/ND-CP.

4. Commune-level business registration authorities shall perform district-level business registration authorities’ duties to standardize and convert data on registration of artels, cooperatives and cooperative unions as prescribed in Article 25 of the Decree No. 92/2024/ND-CP.

5. Commune-level business registration authorities shall perform district-level business registration authorities’ duties to publish Courts’ decisions to initiate bankruptcy proceedings and to declare cooperatives or cooperative unions bankrupt as prescribed in Article 57 of the Decree No. 92/2024/ND-CP.

Article 37. Duties to dispose common assets of members of artels upon shutdown and assets of cooperatives and cooperative unions upon dissolution or bankruptcy

1. Commune-level People’s Committees shall perform district-level People’s Committees' duties to receive dossiers on transfer of common assets which are acquired using the State financial assistance specified in clause 3 Article 15 of the Government’s Decree No. 77/2019/ND-CP dated October 10, 2019 (amended by point c clause 7 Article 24 of the Government’s Decree No. 113/2024/ND-CP dated September 12, 2024) and dossiers on transfer of undistributed fund and undistributed assets upon dissolution or bankruptcy of cooperatives and cooperative unions specified in Article 21 of the Decree No. 113/2024/ND-CP.

2. Duties specified in clause 1 of this Article shall be performed according to procedures for disposal of undistributed fund and undistributed assets of cooperatives and cooperative unions, which are acquired using the State financial assistance specified in Article 21 of the Decree No. 113/2024/ND-CP.

Article 38. Duties to report operations and state management of artels

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2. Reports on operations and state management of artels as prescribed in Article 29 of the Decree No. 77/2019/ND-CP shall be prepared and submitted as follows:

a) Once a year, before December 16 of each year, each artel shall submit a truthful, full and accurate report on its operations to the People's Committee of the commune where it operates according to Form I.04 enclosed with the Decree No. 77/2019/ND-CP. The data collection period begins from December 15 of the year immediately preceding the reporting period to December 14 of the reporting period.

b) By December 30, every year, the commune-level People's Committee shall send a consolidated report on local operations of the artel of the previous year, integrated with a report on a cooperative's operations (if any) to the provincial-level People's Committee.

c) By January 30, every year, the provincial-level People's Committee shall send a consolidated report on local operations of the artel of the previous year, integrated with a report on a cooperative's operations (if any) to the Ministry of Finance.

d) Every year, the Ministry of Finance shall send reports on artels on a nationwide scale, integrated with reports on cooperatives’ operations (if any) and compliance with regulations on reports on artels by authorities, organizations and individuals in accordance with regulations of this Decree to the Prime Minister.

dd) Artels that have been registered with business registration authorities are not required to submit reports to commune-level People’s Committees as prescribed in point a of this clause.

Article 39. Duties to consolidate demands for assistance in development of infrastructure and equipment of artels, cooperatives and cooperative unions

1. Commune-level People's Committees shall perform duties of commune-level and district-level People's Committees to consolidate demands for assistance in investment in development of infrastructure and equipment of artels, cooperatives and cooperative unions specified in clause 7 Article 13 of the Decree No. 113/2024/ND-CP.

2. Procedures for consolidation of demands for assistance in investment in development of infrastructure and equipment using public investment funding under the management of provincial-level People’s Committees shall be followed as follows:

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b) Based on demands for assistance in investment in development of infrastructure and equipment, using public investment funding of local artels, cooperatives and cooperative unions, within 10 working days, commune-level People’s Committees shall examine and give their response notifying artels, cooperatives and cooperative unions of whether their demands are conformable with provisions on principles, eligible entities, criteria, eligibility requirements and orientations for development of industries and fields in the period. Commune-level People’s Committees shall prepare consolidated reports on demands for assistance of local artels, cooperatives and cooperative unions which are considered conformable with principles, eligible entities, criteria, eligibility requirements and orientations for development of industries and fields in the period, and submit them to Departments of Finance;

c) Based on reports on demands for assistance received from commune-level People’s Committees, Departments of Finance shall submit reports to and request provincial-level People’s Committees to assign their affiliated specialized authorities or commune-level People’s Committees to prepare reports on proposed investment guidelines for infrastructure and equipment investment projects for artels, cooperatives and cooperative unions as prescribed in clause 3 of this Article on public investment and other relevant laws.

3. Policies on assistance in investment in development of infrastructure and equipment specified in clause 8 Article 13 of the Decree No. 113/2024/ND-CP shall be implemented as follows:

Preparation, appraisal and issuance of decisions on investment guidelines or preparation, appraisal and issuance of investment decisions, and preparation and allocation of medium-term and annual public investment plans for programs/projects prescribed in clause 6 Article 13 of the Decree No. 113/2024/ND-CP and clause 2 of this Article shall comply with regulations of the Law on Public Investment and relevant laws. In case a program/project on assistance in investment in development of infrastructure and equipment for artels, cooperatives and cooperative unions under the management of the provincial-level People’s Committee is to be executed in the territory of a commune and the commune-level People’s Committee also meets experience and capacity requirements for management and execution of the program/project, the Chairperson of the provincial-level People’s Committee shall consider deciding to assign this commune-level People’s Committee to act as the program/project owner.

Article 40. Duties to initiate procedures for assisting artels, cooperatives and cooperative unions

1. Commune-level People's Committees shall perform duties of commune-level and district-level People's Committees to assist artels, cooperatives and cooperative unions specified in clause 4 and clause 5 Article 17 of the Decree No. 113/2024/ND-CP.

2. Procedures for performing the duties specified in clause 1 of this Article shall be followed as follows:

a) Within 10 days from its receipt of the application, the commune-level People’s Committee shall send a notice of acknowledgement of receipt of the application which is made using Form 02 in the Appendix enclosed with the Decree No. 113/2024/ND-CP to the artel, cooperative or cooperative union;

b) By June 30, every year, the commune-level People's Committee shall send a consolidated report on assistance demands of artels, cooperatives and cooperative unions located in its commune to the provincial-level People’s Committee for consideration and assistance.

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c) If the commune-level People’s Committee is capable of and has sufficient resources for giving assistance, it shall directly consider giving assistance to the artel, cooperative or cooperative union within its power.

3. Forms used for registration of and notification of provision of assistance for artels, cooperatives or cooperative unions shall comply with regulations issued by the Minister of Finance.

Chapter VII

DISTINCTION OF POWERS OVER DEVELOPMENT OF STATE-OWNED ENTERPRISES UPON ORGANIZATION OF 02-LEVEL LOCAL GOVERNMENTS

Article 41. Power related to conversion from public service providers to joint-stock companies

1. Provincial-level People's Committees shall perform duties and exercise jurisdiction of district-level People's Committees specified in point dd clause 1 Article 2, point b clause 1 Article 8, clause 5 Article 39, and clause 2 Article 40 of the Government’s Decree No. 150/2020/ND-CP dated December 25, 2020.

2. Chairpersons of provincial-level People's Committees shall perform duties and exercise jurisdiction of Chairpersons of district-level People's Committees specified in Article 41, clause 5 Article 45 of the Decree No. 150/2020/ND-CP.

Chapter VIII

DISTINCTION OF POWERS OVER SOCIAL POLICY CREDIT UPON ORGANIZATION OF 02-LEVEL LOCAL GOVERNMENTS

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1. Commune-level People's Committees shall perform duties and exercise jurisdiction of district-level People's Committees specified in clause 1 Article 25 of the Government’s Decree No. 78/2002/ND-CP dated October 04, 2002

2. Chairpersons of commune-level People's Committees shall perform duties and exercise jurisdiction of Chairpersons of district-level People's Committees specified in clause 1 Article 26 of the Decree No. 78/2002/ND-CP.

3. Chairpersons of provincial-level People's Committees shall perform duties and exercise jurisdiction of Chairpersons of district-level People's Committees specified in clause 2 Article 26 of the Decree No. 78/2002/ND-CP.

Article 43. Power to perform duties and exercise jurisdiction in the field of management of risky debts at Vietnam Bank for Social Policies

1. Commune-level People's Committees shall assign duties and jurisdiction of district-level labor, invalids and social affairs authorities specified in clause 7 Article 1 of the Decision No. 08/2021/QD-TTg dated March 11, 2021 of the Prime Minister.

2. Provincial-level or commune-level health insurance-covered primary care providers shall perform duties and exercise jurisdiction of district-level or equivalent-level health insurance-covered primary care providers specified in clause 7 Article 1 of the Decision No. 08/2021/QD-TTg.

Chapter IX

IMPLEMENTATION CLAUSES

Article 44. Effect

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2. This Decree ceases to have effect from March 01, 2027, except for the following cases:

a) Ministries or ministerial authorities request the Government to propose to the National Assembly extension of all or part of this Decree;

b) If any Law, Resolution of the National Assembly, Ordinance, Resolution of the National Assembly Standing Committee, Decree or Resolution of the Government, Decision of the Prime Minister containing regulations on powers, state management responsibilities, procedures specified in this Decree is approved or issued from July 01, 2025 and takes effect before March 01, 2027, corresponding regulations in this Decree will cease to have effect at the time such legislative documents take effect.

3. During the effective period of this Decree, if other relevant legislative documents contain regulations on powers, state management responsibilities, procedures other than those in this Decree, regulations in this Decree shall apply.

4. State budget shall cover recurrent expenditures on duties distinguished among authorities and organizations upon application of the 02-level local government model.

5. Regarding business households, artels, cooperatives and cooperative unions:

a) Each commune-level business registration authority has its own account and seal to register business households, artels, cooperatives and cooperative unions;

b) People's Committees at all levels shall be responsible for sufficiently providing human resources, funding and other necessary facilities for commune-level business registration authorities to perform duties and exercise jurisdiction as prescribed in this Decree.

6. In case the commune-level People's Committee does not organize specialized authorities, the commune-level People's Committee shall perform duties and exercise jurisdiction of such specialized authorities and commune-level authorities in charge of managing finances, public assets, and market infrastructure assets affiliated to the commune-level People's Committee as prescribed in this Decree.

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Article 45. Transitional clauses

1. Transitional clauses on distinction of powers over state management of business households, artels, cooperatives and cooperative unions:

a) If an application for registration of a business household, artel, cooperative or cooperative union has been received but has not yet been approved by the district-level business registration authority before the effective date of this Decree, regulations of this Decree shall apply.

If the application for registration of the business household, artel, cooperative or cooperative union has been approved by the district-level business registration authority but issues arise and need to be resolved after the effective date of this Decree, the business registration authority of the commune where the business household, artel, cooperative or cooperative union is headquartered shall continue to process such application.

b) The business household, artel, cooperative or cooperative union is entitled to continue to use the issued certificate of household business registration, certificate of artel registration, certificate of cooperative registration, and certificate of branch/representative office/business location registration.

The business household, artel, cooperative or cooperative union shall update its address due to change in administrative boundaries to the certificate of household business registration, certificate of artel registration, certificate of cooperative registration, and certificate of branch/representative office/business location registration when requested or when registering change or notifying change in other contents included in the application for registration of the business household, artel, cooperative or cooperative union.

2. Transitional clauses on amendments to regulations on bidding for selection of investors:

a) Regarding projects the bidding documents or EOI requests of which are issued by district-level People's Committees before the effective date of this Decree, provincial-level People's Committees shall assign specialized authorities, authorities affiliated to provincial-level People's Committees, economic zone management boards or commune-level People's Committees that receive these projects after application of the 02-level local government organization model shall fulfill responsibilities of EOI requesters and procuring entities in accordance with regulations of the law on bidding;

b) Regarding projects the bidding documents of which are approved by Chairpersons of district-level People's Committees under authorization by Chairpersons of provincial-level People's Committees but have not yet been approved before the effective date of this Decree, Chairpersons of provincial-level People's Committees shall approve the bidding documents or authorize heads of specialized authorities, authorities affiliated to provincial-level People's Committees, Heads of Economic Zone Management Boards, Chairpersons of commune-level People's Committees that receive such projects, after application of the 02-level local government organization model to approve the bidding documents;

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d) Regarding any project involving in at least 02 commune-level administrative divisions, according to each project’s specific conditions, the provincial-level People's Committee shall decide to assign a specialized authority, authority affiliated to the provincial-level People's Committee or the commune-level People's Committee which receives the project after the application of 02-level local government organization model to assume responsibility of the EOI requester, the procuring entity; the Chairperson of the provincial-level People's Committee shall decide to authorize the Chairperson of the commune-level People's Committee to approve bidding documents.

District-level People's Committees that are being assigned to act as EOI requesters and procuring entities before the effective date of this Decree shall completely hand over works, documents and funding related to bidding for selection of investors to authorities, organizations and units assigned to receive the projects specified in point a of this clause within the time limit as prescribed in the Law on amendments to the Law on Organization of Local Government;

dd) Regarding investment projects involving land use of which the bidding documents are being made and appraised but have not yet been approved before the effective date of this Decree, the procuring entities using land areas, land funds, and land plots in all locations of administrative divisions of communes where works and items exist (except for route-based works and items) shall establish standards for assessment of efficiency in land use in the bidding documents within the period after application of the 02-level local government organization model and land areas, land funds, and land plots in all locations of administrative divisions of districts by comparing with the period before application of the 02-level local government organization model.

3. Transitional clauses on distinction of powers over confirmation of the amounts of compensation, support or relocation deducted from land levies or land rents payable:

Regarding projects involving at least 02 communes of which the plans for compensation/site clearance have been approved by district-level People's Committees, Chairpersons of provincial-level People's Committees shall decide to assign authorities affiliated to provincial-level People's Committees or commune-level People's Committees to confirm the amounts of compensation, support or relocation deducted from land levies or land rents payable with regard to land area in communes./.

ON BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER




Nguyen Hoa Binh