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The Decree 15/2007/nd-Cp: Regarding The Classification Of Administrative Units And Districts

Original Language Title: Nghị định 15/2007/NĐ-CP: Về phân loại đơn vị hành chính cấp tỉnh và cấp huyện

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DECREE: chapter one: GENERAL PROVISIONS article 1. The object, scope, this Decree regulates the purposes, principles, criteria, type, way, method of calculation, sequence, procedure, jurisdiction and handle infringement on the classification of the administrative units of the central cities, (hereinafter referred to as the provincial level) and administrative district , district, town, city in the province (hereinafter referred to as the district level).
Article 2. The purpose of category 1. Ensure the stability of the province-level administrative units, district level and enhancing the effectiveness and efficiency of administrative management in local State.
2. As a base to plan the development of the social-economic, organizational building of the people's Council, the people's Committee and the specialized agencies in the provincial people's Committee and district level.
3. As a basis to build mode, internal policy, consistent with each type of administrative divisions.
Article 3. Classification principles 1. Classification of administrative units, districts based on population criteria, covers an area of, the particular nature of geography, the number of administrative units, natural conditions, social-economy reflects the volume of work and the level of difficulty, complexity of administrative management activities of State administrative unit in province level , district level.
2. calculation methods for classification according to these criteria must ensure objectivity and science.
Chapter 2: type, TARGET, method, the AUTHORITY and PROCEDURES for CLASSIFICATION PROCEDURES, ADMINISTRATIVE DIVISIONS of PROVINCIAL and DISTRICT LEVEL article 4. The type of administrative unit 1. The central cities, was assigned to do special types: type 4, type I, type II and type III.
2. district-level administrative unit was 3 types: type I, type II and type III.
Article 5. Recognizing the special administrative units and type I don't count according to criteria 1. Recognition of the capital Hanoi and Ho Chi Minh City are province-level administrative units of special type a) the capital Hanoi was the center of politics, economy, culture, society, science and technology, trade, services, transportation hub, domestic affairs and international affairs, the role of promoting the socio-economic development of the country , have strategically on security, Defense; population and high population density, nature of the governance of urban complexity and difficulty, expense rate to balance the budget every year high, is a special type of municipality;
b) Ho Chi Minh City is the center of economy, culture, science and technology, training, travel, services, junctions, domestic and international exchanges, which acts to promote the socio-economic development of the region and the country, have important positions on security strategy Defense of the area; population, the highest population density in the country, the nature of State management on urban complex and daunting expense rate, balance the budget every year high, is a special type of municipality.
2. Recognizing the central cities (except the capital Hanoi and Ho Chi Minh City) is the provincial administrative units category I central cities (except the capital Hanoi and Ho Chi Minh City) is the center of economy, culture, science and technology, society, travel , service, junctions, domestic and international exchanges; There are key positions of Defense, the security of the region and the region; has the role of promoting the socio-economic development of the territory of the province or region.
3. Recognize provincial city and County in the capital, Hanoi, Ho Chi Minh City in the County is the primary administrative divisions of the district category I a) provincial city is located is the Centre of political, socio-economic or is the economic center of social, cultural, scientific and technical , travel, services, junctions of the domestic exchanges, international; has the role of promoting the socio-economic development district, province and territory;
b) County in the capital Hanoi and in Ho Chi Minh City to County population and high population density, nature of the governance of urban complexity and difficulty, expense rate to balance the budget every year, is the high level administrative unit in the municipality of special kind.
Article 6. Scoring criteria of classification categorized administrative unit, district level according to the following criteria: 1. The population;
2. Natural area;
3. specific elements.
Article 7. How to calculate the points classification of the administrative divisions of the province according to the criteria 1. In population by region, a mountainous province), the region has advanced: under 400,000 demographics count 50 points, from 400,000 demographics over the 6,000 more demographics are 1 point, maximum 250 points;
b) for the Delta: the Department has under 700,000 demography count 50 points; from the 700,000 demography over the 9,000 more demographics are 1 point, maximum 250 points.
2. About natural area by region, a mountainous province), the region has under 400,000 ha of high land naturally counted 40 points, from 400,000 hectares over the 8,000 ha more added 12 points, the maximum 150 points;
b) for the Delta: the Department has under 90,000 acres of natural land area is calculated 40 points, from 90,000 ha over the more 6,000 ha added 12 points, the maximum 150 points.
3. The specific factor a) Delta Provinces have district-level administrative units in the mountainous area, the higher the per-level administrative units that counts 1 point, maximum 10 points;
b) Province in the mountainous areas are counted 15 points; the mountainous area has a district-level administrative unit is the high, each administrative district level the high counts 1 point;
c) commune in the area the high counts 25 points;
d) Province in the country's border areas are counted 20 points;
DD) Province has over 11 administrative districts just add 1-level administrative units is calculated 7 points, maximum 15 points;
e) The proportion of minority ethnic people constitute from 30 to 50% of the population was counted 5 points, have over 50% of the population is counted 10 points;
g) The proportion of the annual budget, the (three-year average in the most recent budget with classified time) reaches 100% balanced rates (enough) is counted 5 points, reached over 100% (more) just add 10% Add 1 point , maximum 40 points.
Article 8. How to calculate the points classification-level administrative units according to the criteria 1. In population by region, a mountainous district), high region, Islands District has under 40,000 demographics count 50 points, from 40,000 demographics over the more 600 demographics are 1 point, maximum 250 points;
b) for plain district: the district has under 50,000 population count 50 points, from 50,000 demographics and over 700 more the demographics are 1 point, maximum 250 points.
c) for the County (except the County specified in paragraph 3 article 5) and the town and County of the town:-plain are under 80,000 demographics count 50 points, from 80,000 demographics over the 800 more demographics are 1 point, maximum 250 points;
-Mountain town, the high frontier, under 60,000 demographics count 50 points, from 60,000 demographics and over 700 more the demographics are 1 point, maximum 250 points.
2. About the area by region, a mountainous district), high region, Islands District has 20,000 hectares of land under natural count 40 points, from 20,000 hectares and over 1,000 more acres will be charged an additional 1 point, maximum 150 points;
b) for plain district: the district has under 10,000 acres of natural land area is calculated 40 points, from 10,000 hectares and over 600 additional hectares will be charged an additional 1 point, maximum 150 points.

c) for the County (except the County specified in paragraph 3 article 5) and the town-the County has under 1,000 acres of natural land area is calculated 40 points; have from 1,000 hectares and over 100 more acres just added 12 points, the maximum 150 points;
-Plain town has under 3,000 hectares of natural land area is calculated 40 points, from 3,000 ha and over 150 more acres just added 12 points, the maximum 150 points;
-Mountain town, the high, the border has under 4,000 ha of natural land area is calculated 40 points, from 4,000 hectares and over 200 more hectares will be added 12 points, the maximum 150 points.
3. specific elements a district-level administrative unit) in plain areas have administrative communes, wards and towns (hereinafter referred to as the social level) is high, in the mountainous, remote areas, each administrative unit that counts 1 point, maximum 10 points;
b-level administrative unit) in the mountainous areas are counted 15 points; district-level administrative units in mountainous areas have the administrative unit is the high level administrative units, each region is calculated 7 points;
c-level administrative unit) in the area of the high count of 25 points;
d-level administrative unit) in the border areas of countries, islands are counted 20 points;
DD) administrative district level have on 17 administrative units just add 1 administrative unit added 12 points, the maximum 20 points;
e) town, County, population density is 120 inhabitants/ha shall be calculated as 5 points, had a density of over 120 people per hectare will increase another 10 people are 1 point, maximum 20 points;
g) towns is the provincial Center, County of central cities count 15 points;
 h-level administrative unit) have international border gate every international gate counts 10 points, got the gate, each country national gate counts 5 points;
 I) administrative district level proportion of budget revenues on annual average (an average of 12 years to the most recent budget year) reached 100% plan to be counted 5 points, currency gain more 05% added 12 points, the maximum 20 points;
 k) district-level administrative units have the rate of minority ethnic people constitute from 30 to 50% of the population was counted 5 points, have over 50% of the population count 10 points.
Article 9. Points classification framework of administrative divisions of provincial and district level 1. The score for each of the criteria specified in article 7 and article 8 of this Decree.
2. Based on the total number of incremental point of the criteria for each administrative unit.
3. The classification of province-level administrative units and districts based on the following points: a frame) and provincial administrative district level category I have from 341 points;
b) administrative divisions of provincial and district level type II there from 201 to 340 points;
c) administrative divisions of provincial and district level type III from 200 points down.
Article 10. The sequences, procedures, time and authority to decide classification 1. With regard to administrative unit a) provincial people's Committee, including: exemplify map administrative boundary; a population census, the natural area, the text about the particular elements, through the people's Councils at the same level and report the assessment Department of the Interior;
b) Interior Ministry expected the profile assessment classification of provincial people's committees, reporting results and evaluation process of the prime consideration, decision;
c) based on the profile, the newspaper of the provincial people's Committee and report the results of the evaluation of the Interior Ministry, the Prime Minister decides the classification of province-level administrative units.
2. for a district-level administrative unit) level people's committees, including: exemplify map administrative boundary; a population census, the natural area, the text about the particular elements, through the same level people's Council and people's Committee report the provincial level appraisal;
b) provincial people's Committee evaluating the expected profile of classification committees at district level, results reporting and evaluation process of the Interior Minister to review the decision;
c) based on the profile, the process and report results evaluation of provincial people's Committee, the Minister of the Interior decides the classification of administrative units at district level.
3. On the set up time, the profile and assessment process, the classification decision sign a) time records the slowest is 30 days from the date of the conduct established procedures for classified records. After the establishment, the people's Committee of the provincial and district level councils reporting the same level adopted at the most recent session;
b) time classified records appraisal not exceeding 30 days for district-level profile and not more than 40 days for provincial records, from the date the Agency received the appraisal records of people's Committee of the district and provincial level sent to;
c) time course of classification decisions and administrative divisions of provincial and district level not exceeding 20 days since the Interior Ministry report and process Prime record provincial classification and since the provincial people's Committee report and the Minister of the Interior Ministry records classification administrative district level.
Article 11. Adjust the classification of administrative divisions of provincial and district level 1. After 5 years from the date the decision to classify subordinate provincial and district level-effect enforcement, provincial people's committees and the people's committees at district level the competent agency proposals review, decided to adjust the classification of administrative units.
2. where the administrative units have fluctuations in population, area, particular elements eligible for classification, the Prime Minister decided to adjust the classification of administrative units, the Minister of the Interior decided to adjust the classification of administrative units at district level.
3. The administrative unit, the district level after adjusting the administrative boundary, be merged or newly established according to the decision of the authority; The provincial people's Committee and the district level the competent agency proposals review, decided to adjust the classification of administrative units.
4. The conduct adjustment of administrative divisions of the classification provided for in paragraph 1, 2 and 3 above are made according to the provisions of this Decree.
Chapter 3: HANDLE VIOLATION of article 12. Handle violation 1. Prohibit all forms of cheating falsify figures in the records to calculate the points classification, in the approval, evaluation and classification decisions issued in administrative units, in district level.
2. The organization, individuals with violation of paragraph 1 of this Article, then, depending on the nature and level of violation dealt with under current law.
Chapter 4: the TERMS OF IMPLEMENTATION of article 13. Effective enforcement of this Decree has effect after 15 days from the date the Gazette; The Minister of the Interior instructed the implementation of this Decree.
Article 14. Responsibility of Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the central cities, is responsible for the implementation of this Decree.