Decree No. 321/2025/ND-CP on guidelines for collection of People’s opinions on establishment, dissolution, merger, division or adjustment of boundaries of administrative divisions and change of names of administrative divisions

DECREE

ON GUIDELINES FOR COLLECTION OF PEOPLE’S OPINIONS ON ESTABLISHMENT, DISSOLUTION, MERGER, DIVISION OR ADJUSTMENT OF BOUNDARIES OF ADMINISTRATIVE DIVISIONS AND CHANGE OF NAMES OF ADMINISTRATIVE DIVISIONS

Pursuant to the Law on Government Organization No. 63/2025/QH15;

Pursuant to the Law on Local Government Organization No. 72/2025/QH15;

Pursuant to the Law on Implementation of Grassroots-level Democracy No. 10/2022/QH15;

At the request of the Minister of Home Affairs;

The Government promulgates the Decree on guidelines for collection of People’s opinions on establishment, dissolution, merger, division or adjustment of boundaries of administrative divisions and change of names of administrative divisions.

Article 1. Scope

This Decree regulates the collection of People’s opinions on establishment, dissolution, merger, division or adjustment of boundaries of administrative divisions and change of names of administrative divisions.

Article 2. Scope of collection of opinions

Opinions of the people living in affected commune-level administrative divisions shall be collected before establishment, dissolution, merger, division or adjustment of boundaries of administrative divisions and change of names of administrative divisions. To be specific:

1. In case of establishment, dissolution, merger, division or adjustment of the boundary, and change of name of a province-level administrative division, the province-level People’s Committee shall collect opinions of the people living in all commune-level administrative divisions under that province-level administrative division.

2. In case of establishment, dissolution, merger, division or adjustment of the boundary, and change of name of a commune-level administrative division, the province-level People’s Committee shall collect opinions of the people living in that commune-level administrative division.

Article 3. Methods for collection of opinions

1. Province-level People’s Committees shall collect People’s opinions by using the household opinion survey form in accordance with the form in the Appendix attached to this Decree, and laws on implementation of grassroots-level democracy.

2. Based on the local practical situation, province-level People’s Committees shall decide the appropriate method to distribute opinion survey forms to each household, or assign commune-level People’s Committees for making decisions on each division. The collection of opinions via websites of local authorities, telecommunications networks, legal social networks, or electronic software as prescribed by laws is encouraged in accordance with the principles of openness, transparency, convenience, and with the level of information technology application at communes, villages or residential groups.

Article 4. Procedures for collection of opinions

1. After developing the Scheme for establishment, dissolution, merger, division or adjustment of boundaries of administrative divisions and change of names of administrative divisions, province-level People’s Committees shall send a written request attached with the opinion survey form to commune-level People’s Committees; direct and provide guidelines for commune-level People’s Committees to develop a plan and collect People’s opinions in each village or residential group.

2. Within 60 days from the receipt of the request of province-level People’s Committees, commune-level People’s Committees shall complete the collection of People’s opinions.

3. Within 05 days from the completion of the collection of People’s opinions, commune-level People’s Committees shall summarize and prepare a report on collection of People’s opinions in each commune; submit it to People’s Councils at the same level, province-level People’s Committees; and post it on the websites of commune-level People’s Committees.

For communes that do not have People’s Councils, commune-level People’s Committees shall summarize and prepare a report on collection of People’s opinions in each commune; submit it to province-level People’s Committees; and post it on the websites of commune-level People’s Committees.

4. Within 05 days from the receipt of the report on collection of People’s opinions from commune-level People’s Committees, province-level People’s Committees shall prepare the report on collection of People’s opinions at communes; submit it to People’s Councils at the same level, the website of the Government and websites of province-level People’s Committees.

5. Within 05 days from the receipt of the report on collection of People’s opinions from province- and commune-level People’s Committees, the website of the Government, websites of province- and commune-level People’s Committees shall post the results on collection of People’s opinions.

Article 5. Results on collection of People’s opinions

1. The report on results on collection of People’s opinions on establishment, dissolution, merger, division or adjustment of boundaries of administrative divisions and change of names of administrative divisions shall specify the progress of collecting opinions, the total number of households in the area, the number of households participating in the opinion collection, the number of households agreeing and disagreeing in each commune, and other opinions (if any).

2. If the results on collection of People’s opinions on establishment, dissolution, merger, division or adjustment of boundaries of province-level administrative divisions and change of names of province-level administrative divisions achieve 50% or more of the total number of households in the province in favor, the authority developing the Scheme shall continue to complete the Scheme and submit it to province-level People’s Councils for consideration and feedback.

If the results on collection of People’s opinions on establishment, dissolution, merger, division or adjustment of boundaries of commune-level administrative divisions and change of names of commune-level administrative divisions achieve 50% or more of the total number of households in the commune in favor, the authority developing the Scheme shall continue to complete the Scheme and submit it to province- and commune-level People’s Councils for consideration and feedback. For communes that do not have People’s Councils, province-level People’s Committees shall complete the Scheme and submit it to province-level People’s Councils for consideration and feedback.

3. The results on collection of People’s opinions shall be publicly posted on websites of local authorities and of the Government as prescribed in clause 5, Article 4 of this Decree and laws on implementation of grassroots-level democracy.

Article 6. Information, dissemination and documents for collection of opinions

1. People’s Committees at all levels shall disseminate the collection of People’s opinions on establishment, dissolution, merger, division or adjustment of boundaries of administrative divisions and change of names of administrative divisions in accordance with the local practical situation and laws on implementation of grassroots-level democracy.

2. Documents for collection of opinions include:

a) Draft Scheme for establishment, dissolution, merger, division or adjustment of boundaries of administrative divisions and change of names of administrative divisions;

b) Summary of the Scheme including the plan for establishment, dissolution, merger, division or adjustment of boundaries of administrative divisions and change of names of administrative divisions; the brief evaluation of the criteria of administrative units (if any) and requirements for establishment, dissolution, merger, division or adjustment of boundaries of administrative divisions and change of names of administrative divisions; the list of policies and guidelines of Communist Party of Vietnam and the State;

c) The plan for collection of People’s opinions of province- and commune-level People’s Committees.

3. Documents for collection of opinions shall be posted on the website of the Government, or websites of province- and commune-level People’s Committees; displayed at offices of commune-level People’s Committees, community activity points; and disseminated via local mass media, meetings of villages or residential groups during the period of collecting People’s opinions.

Article 7. Receipt and handling of petitions regarding collection of People’s opinions

1. When errors are detected in the results on collection of People’s opinions, citizens and organizations have the right to petition People’s Committees that prepare the report on results on collection of People’s opinions. Within 05 working days from the receipt of the petition, People’s Committees shall handle the issue and notify the petitioner of the resolution results.

2. In case errors are found due to the process of summarizing and preparing the report, within 05 working days, People’s Committees at all levels shall amend, complete and correct the report on results on collection of People’s opinions; and send it to competent authorities as prescribed in this Decree.

3. If errors are found when the results are already posted on the website of the Government and websites of local authorities, province- and commune-level People’s Committees shall submit a written request to the website of the Government and websites of local authorities to correct the information. Within 03 working days from the receipt of the written request from province-level People’s Committees, the website of the Government and websites of local authorities shall correct the results.

Article 8. Funding for collection of opinions

The collection of People’s opinions on establishment, dissolution, merger, division or adjustment of boundaries of administrative divisions and change of names of administrative divisions shall be funded by the state budget in accordance with the decentralization of power to manage budget.

Article 9. Effect

1. This Decree comes into force from December 16, 2025.

2. The following legislative documents shall cease to be effective from the effective date of this Decree:

a) Decree No. 54/2018/ND-CP dated April 16, 2018 of the Government on guidelines for collecting voters’ opinions on establishment, dissolution, merger, division or adjustment of boundaries of administrative divisions;

b) Decree No. 66/2023/ND-CP dated April 16, 2018 of the Government on amendments to some articles of Decree No. 54/2018/ND-CP dated April 16, 2018 of the Government on guidelines for collecting voters’ opinions on establishment, dissolution, merger, division or adjustment of boundaries of administrative divisions.

Article 10. Implementation

1. The Ministry of Home Affairs shall conduct inspection and provide guidelines for People’s Committees at all levels regarding collection of People’s opinions on establishment, dissolution, merger, division or adjustment of boundaries of administrative divisions and change of names of administrative divisions.

2. Province-level People’s Committees shall collect People’s opinions on guidelines for establishment, dissolution, merger, division or adjustment of boundaries of administrative divisions and change of names of administrative divisions; provide guidelines, conduct inspection, allocate funds, and ensure essential requirements for commune-level People’s Committees to collection People’s opinions in accordance with this Decree and assignment of province-level People’s Committees.

3. Ministers; Heads of ministerial authorities; Heads of governmental authorities; Presidents of People’s Committees of provinces and cities; relevant organizations and persons are responsible for implementing this Decree.