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GOVERNMENT OF VIETNAM |
THE SOCIALIST REPUBLIC OF VIETNAM |
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No: 322/2025/ND-CP |
Hanoi, December 16, 2025 |
ON THE TASKS, POWERS, ORGANIZATION, AND OPERATION OF PEOPLE’S COMMITTEES, PRESIDENTS OF PEOPLE’S COMMITTEES, SPECIALIZED AGENCIES, AND OTHER ADMINISTRATIVE ORGANIZATIONS AFFILIATED TO PEOPLE’S COMMITTEES OF SPECIAL ZONES IN SPECIFIC CASES
Pursuant to the Law on Government Organization No. 63/2025/QH15;
Pursuant to the Law on Local Government Organization No. 72/2025/QH15;
At the request of the Minister of Home Affairs;
The Government hereby issues a Decree on the tasks, powers, organization, and operation of People’s Committees, Presidents of People’s Committees, specialized agencies, and other administrative organizations affiliated to the People’s Committees of special zones in specific cases.
This Decree provides for the tasks, powers, organization, and operation of People’s Committees, Presidents of People’s Committees, specialized agencies, and other administrative organizations affiliated to the People’s Committees of special zones in specific cases (hereinafter referred to as “special zone(s)”) affiliated to Article 28 of the Law on Organization of Local Government.
Article 2. Working relationship between People’s Committees of special zones and the provincial People’s Councils
1. People’s Committees of special zones are placed under supervision by the Provincial People’s Council regarding its operations, compliance with the Constitution, laws, and implementation of resolutions of the Provincial People’s Council.
2. The People’s Committees of special zones shall submit annual report on its performance to the Provincial People’s Council or ad hoc report upon request by the People’s Council. The President of the People’s Committee of special zone shall explain relevant issues before the Provincial People’s Council when requested.
Article 3. Working relationship between the People’s Committees of special zones, the presidents of the People’s Committees of special zones, and the provincial People’s Committees and its president
1. People’s Committees of special zones are directly led and directed by the Provincial People’s Committee and must report as prescribed.
2. The President of the People’s Committee of special zone is under the direct leadership and direction of the President of the Provincial People’s Committee. For any issues arising beyond their authority, the President of the People’s Committee of special zone must report in writing or by other appropriate means to request guidance from the President of the Provincial People’s Committee, except as regulated in Clause 2 of Article 7 hereof. The Chairman of the Provincial People’s Committee must provide instruction within no more than 05 working days from the date of receiving the request for opinion from the President of the People’s Committee of special zone.
Article 4. Working relationship between People’s Committees of special zones, Presidents of People’s Committees of special zones
The People’s Committees of special zones and their President are subject to the leadership of the Executive Committee of CPV Committee in implementing the tasks and powers of local government in the special zone according to the CPV’s and the law; tasks and powers delegated or authorized by the provincial local government.
Article 5. Working relationship between People’s Committees of special zones and the Vietnam Fatherland Front Committee and political-social organizations in the special zones
1. The People’s Committee of special zone shall cooperate and promote the role of the Vietnam Fatherland Front Committee and political-social organizations in the special zone in disseminating and encouraging the people to participate in building and consolidating the people’s government, implementing policies and laws in the area, and supervising and providing social feedback on local government activities.
2. The President of the Vietnam Fatherland Front Committee and leaders of political-social organizations in the special zone shall be invited to attend meetings of the People’s Committee of special zone when discussing relevant issues.
3. The People’s Committee of special zone must inform the Vietnam Fatherland Front Committee and political-social organizations about local developments.
4. The People’s Committee of special zone shall collect opinions from the Vietnam Fatherland Front Committee and political-social organizations when formulating, promulgating, or implementing policies directly related to residents, ethnic groups, religions, social welfare, land, and environment as prescribed by law; receiving, resolving, and responding to petitions from these organizations; and receiving, resolving, and responding to opinions and petitions from people compiled and forwarded by the Vietnam Fatherland Front Committee of the special zone.
TASKS AND POWERS OF THE PEOPLE’S COMMITTEE OF THE SPECIAL ZONE AND ITS PRESIDENT
Article 6. Tasks and powers of the People’s Committee of the special zone
The People’s Committee of the special zone shall perform the tasks and exercise powers of a Commune-level People’s Committee as prescribed in Clauses 3, 5, 6, 7, 8, 9, 10 of Article 22 of the Law on Organization of Local Government, and the following additional tasks and powers:
1. Perform tasks and exercise the powers of a budget-estimating unit under the Provincial People’s Committee as prescribed by the Law on State Budget.
2. Decide measures to ensure the execution and organize the implementation of the Constitution, laws, and documents of superior state agencies in the special zone; ensure facilities, human resources, and other necessary resources to execute the Constitution and laws in the special zone.
3. Develop and submit to the Provincial People’s Committee for review and decision on policies and measures for socio-economic development, sectoral development, private sector development, international economic integration, and breakthroughs in science, technology, innovation, and digital transformation in the special zone according to the law.
4. Decide the 5-year and annual socio-economic development plans of the special zone, and sectoral development plans as prescribed by law.
5. Decide medium-term and annual public investment plans; approve investment programs/projects in the special zone as per public investment laws; decide measures to encourage contributions from the people for infrastructure, transportation, public works, and welfare in the special zone as per law; decide programs and measures to support household economic development and local production and business establishments in the special zone as per law.
6. Develop schemes for establishing, dissolving, merging, dividing administrative divisions, adjusting boundaries, and renaming administrative divisions of the special zone and submit them to competent authorities for review and decision.
7. Submit proposal to the Provincial People’s Committee for review and decision on the establishment, reorganization, renaming, or dissolution of specialized agencies and other administrative organizations affiliated to the People’s Committee of the special zone; Decide the specific payroll for civil servants in the agencies of the local government of the special zone, and the number of employees who receive salaries from the state budget in public service providers under the management of the special zone based on the quotas assigned by the provincial-level local government.
8. Decide the establishment, reorganization, dissolution, naming, or renaming of villages and residential groups according to the law; decide the number of part-timers receiving allowances from the state budget in the special zone as per regulations on provincial local government.
9. Decisions on measures, programs, and projects for the development of science, technology, information, innovation, and digital transformation in the special zone; measures for building a digital local government, digital economy, and digital society in the special zone; and measures to promote the application of technology, information, and digital transformation in the operations of the local government in the special zone and the provision of public services to citizens and businesses within the special zone, in accordance with the law.
10. Decide measures for managing and effectively using land, water resources, forests, seas and environmental protection in accordance with planning, plans and the law; measures for implementing natural disaster and epidemic management and control; measures for developing agriculture, rural areas, forestry, fisheries, industry, trade, services, tourism, construction, transportation; measures for implementing new rural development in the special zone.
11. Decide measures to develop preschool, primary, and lower secondary education; primary healthcare; promote culture, society, sports; implement social welfare policies, sustainable poverty reduction, employment, protection and care of children, elderly, disabled, and other policy beneficiaries under the law.
12. Decide measures to ensure national defense, security, social order and safety and build militia and reserve forces in the special zone as per law.
13. Decide measures to implement ethnic and religious policies; preserve and promote cultural identities of ethnic minorities and religious followers in the special zone as per law.
14. Decide tasks legally assigned to the Commune-level People’s Council for decision or approval; submit to competent authorities for review tasks requiring approval by the Commune-level People’s Council before submission, except as otherwise provided by law.
Article 7. Tasks and powers of President of the People’s Committee of the special zone
The President shall perform the tasks and exercise powers of the President of the Commune-level People’s Committee as stipulated in Clauses 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 17 of Article 23 of the Law on Organization of Local Government, and the following additional tasks and powers:
1. Lead and direct the implementation of the Constitution, laws, superior authorities’ documents, and decisions of the People’s Committee of the special zone; inspect and handle violations in implementing the Constitution and laws in the special zone.
2. Decide on application of emergency measures or measures beyond authority in truly necessary cases for national interests, ensuring maritime sovereignty, disaster and epidemic management, and protection of people’s life and property in the special zone; report to the CPV authority and the President of Provincial People’s Committee as soon as possible.
3. Represent the People’s Committee of the special zone to decide matters within jurisdiction of such People’s Committee except for those specified in Clause 2, Article 11 hereof, and report to the People’s Committee of the special zone at its nearest meeting.
ORGANIZATION AND OPERATION OF THE PEOPLE’S COMMITTEE OF SPECIAL ZONE, SPECIALIZED AGENCIES, AND OTHER ADMINISTRATIVE ORGANIZATIONS AFFILIATED TO THE PEOPLE’S COMMITTEE OF SPECIAL ZONE
Article 8. Rules for organization and operation of the People’s Committee of the special zone
1. The People’s Committee of the special zone shall operate under a collective policies, making decisions by majority vote; at the same time, emphasize the authority and responsibility of the President of the People’s Committee of the special zone.
2. The People’s Committee of the special zone may be granted enhanced autonomy and accountability, ensuring flexibility and proactive response to sudden, unexpected events and situations in order to firmly protect the independence, sovereignty, and territorial integrity of the nation over maritime and island areas, while promoting the advantages and marine economic potential of the special zone.
3. The organization of the People’s Committee of the special zone shall be simplified, efficient, effective, and suitable to practical conditions, meeting the requirements for professional, modern local governance that applies science, technology, and digital transformation in its organization and operations.
4. Promote administrative reform; apply online public services to resolve administrative procedures for individuals, organizations, and enterprises in the special zone in accordance with the law, ensuring the activities of the People’s Committee of the special zone are truly democratic, transparent, public, uniform, and smooth.
5. The operations of the People’s Committee of the special zone must satisfy the people’s expectations, comply with procedures, follow the assigned authority, and conform to the law and the Working Regulations of the People’s Committee of the special zone.
Article 9. Organizational structure of the People’s Committee of the special zone
1. The People’s Committee of the special zone shall consist of a President, Vice Presidents, and Members.
The President, Vice Presidents, and Members of the People’s Committee of the special zone are civil servants are leaders or managers in the Committee, except in cases where officers or professional soldiers of agencies or units under the People’s Army; officers or non-commissioned servicemen of agencies or units affiliated to the People’s Police serve as President, Vice President, or Members of the Committee.
2. The specific number of Vice Presidents and Members of the People’s Committee of the special zone shall be decided by the Provincial People’s Committee, ensuring a simplified structure appropriate to the requirements of performing task and powers in the special zone and in accordance with the Government’s regulations on the number of Vice Presidents and the number and structure of Members of the People’s Committees.
3. The People’s Committee of the special zone may organize specialized agencies, other administrative organizations, or arrange specialized civil servants to advise and assist the Committee in state management of sectors and fields.
Article 10. Organization of specialized agencies and other administrative organizations affiliated to the People’s Committee of the special zone
1. In case the special zone has specialized agencies or other administrative organizations affiliated to the People’s Committee of the special zone, the Committee may establish the Office of the People’s Committee of the special zone and may also establish one additional specialized department and a Public Administrative Service Center.
2. Based on population size, natural area, socio-economic development conditions, and special characteristics of the special zone, the Provincial People’s Committee may:
a) Decide the specific number, names, functions, and organizational structure of specialized agencies affiliated to the People’s Committee of the special zone, ensuring simplified, effective, and efficient management suitable for the special zone;
b) Decide to establish the Public Administrative Service Center as an administrative organization affiliated to the People’s Committee of the special zone.
3. If only the Office of People’s Committee of the special zone is established in the special zone without setting up other specialized departments or the Public Administrative Service Center, the Office shall perform the functions and tasks of these specialized departments and the center.
4. If the special administrative unit does not organize specialized agencies or other administrative organizations affiliated to the Committee, the Committee shall arrange specialized civil servants to advise and assist in state management of sectors and fields in the special zone.
Article 11. Operations of the People’s Committee of the special zone, specialized agencies, and other administrative organizations under the People’s Committee of the special zone
1. The People’s Committee of the special zone shall hold regular meetings once a month and convene thematic or ad hoc meetings to handle arising tasks in the following cases:
a) As decided by the President of the People’s Committee of the special zone;
b) At the request of the President of the Provincial People’s Committee;
c) At the request of at least one-third of the total members of the People’s Committee of the special zone.
2. The People’s Committee of the special zone shall collectively discuss and decide the following contents:
a) Draft decisions of the People’s Committee of the special zone as prescribed by the Law on issuance of legislative documents;
b) Matters specified in points b, c, d, and e of Clause 2 of Article 40 of the Law on Organization of Local Government;
c) Matters specified in Clauses 3, 6, 7, and 8 of Article 6 hereof.
3. Decisions of the People’s Committee of the special zone must be approved by more than half of the total members. In case of a tie vote, the opinion of the President shall prevail. Voting may be conducted during meetings of the People’s Committee of the special zone by ballot among members, or by other appropriate forms according to the Committee’s Working Regulations.
4. The Vice President of the People’s Committee of the special zone shall perform duties and exercise powers assigned by the President according to their jurisdiction; they are personally accountable to the President and the law for decisions within their jurisdiction.
When the President is absent, one Vice President assigned by the President shall represent the President to lead the Committee’s work.
5. Members shall carry out specific duties and tasks by sector or field assigned by the People’s Committee of the special zone and the President of the People’s Committee of the special zone; participate in resolving collective tasks; jointly decide and bear joint responsibility for matters as stipulated in Clause 2 of this Article.
6. Operations of specialized agencies and other administrative organizations affiliated to the People’s Committee of the special zone shall comply with Government’s regulations on organizing specialized agencies at the commune level, implementing administrative procedures under the single-window mechanism, the Committee’s Working Regulations, and other relevant laws.
In cases where specialized agencies or other administrative organizations are not organized, the specialized civil servants shall advise and assist state management in accordance with the Committee’s Working Regulations and relevant laws.
Article 12. Authority and procedures for designation, transfer, rotation, arrangement, relief of duties, and suspension of the President, Vice Presidents, and Members of the People’s Committee of the special zone
1. The President of the Provincial People’s Committee shall decide the designation, transfer, rotation, arrangement, relief of duties, and suspension of the President of the People’s Committee of the special zone at the request of the Director of the Department of Home Affairs.
2. The President of the Provincial People’s Committee shall decide the designation, transfer, rotation, arrangement, relief of duties of the Vice Presidents, and Members of the People’s Committee of the special zone at the request of the President of the People’s Committee of the special zone. The President of the People’s Committee of the special zone shall decide the suspension of Vice President and Members of the People’s Committee of the special zone.
3. The procedures for designation, transfer, rotation, arrangement, relief of duties, and suspension, and other matters related to personnel work for the President, Vice Presidents, and Members of the People’s Committee of the Special zone shall comply with the law on cadres and civil servants and the decisions of the competent authority.
Article 13. Assignment of acting President of the People’s Committee of special zone
In case of vacancy of the President of the People’s Committee of special zone, the President of the Provincial People’s Committee shall decide to assign the acting President at the request of the Director of the Department of Home Affairs. The acting President of the People’s Committee of special zone shall cease from performing tasks from the date the People’s Council elects a new President.
Article 14. Dialogue between the People’s Committee of special zone and the People
1. At least once a year, or when at least 10% of the total voters of the special zone request, or when necessary, the People’s Committee of the special zone shall organize a dialogue conference with the People via offline, online, combined offline and online forms, or through legally operating social networks to exchange information about local government activities and issues related to citizens’ rights and obligations in the special zone. If the dialogue conference is held offline, exchanges may be organized with the People in each island or residential cluster if geographical distances are too large.
2. The People’s Committee of the special zone shall cooperate with the provincial-level Vietnam Fatherland Front Committee in organizing the dialogue conference as prescribed; invite representatives of Executive Committees of CPV Committees of the same level; and must notify via mass media or other appropriate means about the time, place, content, and participation method at least 7 days before the conference.
3. The content and results of the dialogue conference must be publicly announced by the People’s Committee of the special zone through mass media, posted at the Committee’s headquarters, sent to village heads and residential group leaders in the area or by other appropriate means, and reported to the Provincial People’s Committee no later than 10 days after the conference.
This Decree comes into force from December 16, 2025.
Article 16. Transitional clauses
1. The President, Vice Presidents, and Members of the People’s Committee of special zone who have been appointed by the competent authority in accordance with regulations shall continue to perform their duties until the end of the 2021-2026 term. In case of vacancies or when relief of duties or suspension of work is required for those holding the positions of President, Vice President, or Member of the People’s Committee who have been appointed, the designation, transfer, rotation, arrangement, dismissal, or suspension procedures shall be carried out in accordance with the provisions of this Decree.
2. From the 2026-2031 term onwards, the designation, transfer, rotation, arrangement, dismissal, and suspension of the President, Vice Presidents, and Members of the People’s Committee of special zone shall be carried out according to the provisions of this Decree.
Article 17. Responsibility for implementation
1. For the special zone with very few or no residents, the Provincial People’s Committee shall decide the organizational structure and operation of the People’s Committee of such special zone according to the provisions of this Decree, suitable to the practical situation, aiming to firmly protect the independence, sovereignty, and territorial integrity of the nation over maritime and island areas, promote advantages and marine economic potential, integrate into the international economy, ensure the attraction of residents, and protect and develop the sea and islands.
2. Ministers, heads of ministerial-level agencies, Presidents of the People’s Councils, Presidents of the People’s Committees of provinces/cities where the special zones are located, as well as the People’s Committees of special zones and Presidents thereof, and relevant agencies, organizations, and individuals shall be responsible for implementing this Decree.
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ON BEHALF OF GOVERNMENT Pham Thi Thanh Tra |
