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Circular 05/2006/tt-Bnv: Guide The Implementation Of Some Provisions Of Decree No. 158/2005/nd-Cp On December 27, 2005 By The Government On Administrative Classification Communes, Wards, Town

Original Language Title: Thông tư 05/2006/TT-BNV: Hướng dẫn thực hiện một số điều quy định tại Nghị định số 159/2005/NĐ-CP ngày 27/12/2005 của Chính phủ về phân loại đơn vị hành chính xã, phường, thị trấn

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CIRCULAR Guide made some provisions of Decree No. 158/2005/ND-CP on December 27, 2005 by the Government on administrative classification communes, wards and towns _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 45/2003/ND-CP dated 9 May 2003 of the Government functions, tasks, powers and organizational structure of the Ministry of the Interior;
 
Pursuant to Decree No. 158/2005/ND-CP on December 27, 2005 by the Government on administrative classification communes, wards and towns;
The Interior Ministry decree implementation guidance on classification administrative communes, wards and towns (hereinafter referred to as the social level) as follows: 1. GENERAL PROVISIONS 1.1. Taxonomic subjects: all administrative communes, wards and towns in the country have to classify political subdivisions.
1.2. the basic criteria for the classification of administrative unit is the population, area and the specific elements of its geographical location, natural conditions and socio-economic.
1.3. basic criteria used for classification are as of the time of the establishment of classification.
1.4. classification methods and conducting point counts according to the criteria for each administrative unit groups to ensure consistency, objectivity, honesty and science.
II. Methods, competence, order and CLASSIFICATION PROCEDURE 2.1. How to calculate a score according to the classification criteria: 2.1.1. Population the population count, including: demographics had registered permanent residence and demographics have registered frequent transients from a year or more in the communes, wards and towns such as students, students in universities, colleges, secondary, vocational, workers in the industrial area export processing zones, hi-tech ...
How to calculate score: the case of the population of the commune is located in the frame from the demographics of small to large demographic of the frames and the population based on the demographics of the maximum calculated according to the following formula: Nurse = D1-D2--------1000 X Sa + Sb Nurse is the score of the population need love, D1 is the number of existing demographic D2 is the first demographic numbers, of the frame, 1000 is the number increasing demographic count. SA is the number of points is calculated when adding to 1000 demographics in the frame, the Sb is the total score is calculated the maximum of the previous frame.
Example 1: An Eastern District, Quynh, Thai Binh province has a population of 6933 demographics, the calculation is as follows: a) determine An Eastern plain Township, in application of point a, paragraph 2, article 5 of the Decree; in the frame of the commune there from 2000 to 8000 demographics demographics;
b) score: Nurse = 6933 (D1)-2000 (D2): 1000 x 11 (Sa) + 45 points (Sb) = 98.9 points (round rules is 99 points).
Example 2: Chau Khe Commune, Tu son district, BAC Ninh province has a population of 12208 demographics, the calculation is as follows: a Pearl in the Khe commune) identification of plain Township, applying point a, paragraph 2, article 5 of the Decree; in the frame from the town had over 8000 demographics;
b) score: (Nurse) = 12208 (D1)-8000 (D2): 1000 x 10 points (Sa) + 111 points (Sb) = 153.08 points (round rules is 153 points).
2.1.2. An area of natural area of communes, wards and towns use consistent unit area is ha.
How to calculate points is as follows: for the town or ward and the natural area is located in the frame from the small area to the large area of the frame and has an area of on the frame, the maximum calculated according to the following formula: Phu = S1-S2--------------------------------------------------1000 (communes) or 500 (ward and commune) x Ka + Kb That is the score on an area of need , S1 is the natural area, S2 is the natural area of the head frame, 1000 (for the town) or 500 (for ward and commune) is the natural area increase the count, Ka is the score calculated when natural area increased in the frame, the total score is calculated Kb maximum of that frame.
For example, An Eastern District, Thai Binh province, Nghe An natural area is 625 hectares, the calculation is as follows:-identify An Eastern plain Township, in application of point b, paragraph 2, article 5 of the Decree; in the frame from 500 to 2500 ha ha;
-The score (Phu) = 625 (S1) (S2): 500-1000 (for the town) x 11 point (Ka) + 30 points (Kb) = 31.37 points (round rules is 31 points).
2.1.3. specific elements 2.1.3.1. How to calculate point about proportion of annual State budget collection in the applies to the plain Township and ward, the plan rate budget revenues by an average of 3 years = total budget revenues of 3 years----------------------------------------the total planned budget revenues of 3 years x 100 revenue plan annual budget of the commune Ward, the only count the revenues of local, often noted in the annual plan by the people's Committee at district level. How to calculate the points are specified in point c of Paragraph 2, 3 article 5 of the Decree.
2.1.3.2. The other characteristic elements of the other peculiar elements as criteria reflecting the specific characteristics of each region, each of the communes, wards and towns related to governance, including: a) administrative units particularly difficult stricken coastal town safe zone (ATK) , based on the recognition of decisions of competent State agencies to do the basis of calculation.
b) communes, wards, town in the mountains, the high, remote areas: The confirmation of the administrative unit in the area I or II or III, Ward, the mountainous, remote areas under the provisions of the legal text. How to calculate the points as specified in point c of paragraph 1 and point c paragraph 3 article 5 of Decree No. 158/2005/ND-CP of. c) specific elements according to other characteristics: c1) criteria for the percentage of the population of workers, agriculture, forestry, fisheries, industry-level matches.
-Calculation: percentage of labor, agriculture, forestry, fisheries, match industry = the number of labor, agriculture, forestry, fisheries, industry matches up to on December 31 of the year of adjacent time limit to profile---------------------------------------------------------------the total number of existing workers x 100 number of laborers included: those of working age the average computer popular in the communes, wards and towns , for females from 18 to 55 years of age and for men from 18 to 60 years old. The Delta Township has the rate of agricultural, forestry and fishery workers, lower industry matches or by 45% of the whole labour commune then count 10 points.
C2) criteria for the percentage of minority ethnic demographic is less than the total of all demographics administrative unit.
C3) criteria for the percentage of the faithful according to the religion is the total number of adherents by religion, such as Buddhism, Hoa Hao, Cao Dai, Christian ... compared to the total number of demographics administrative unit.
The calculation of the rate of minority ethnic people and the rate of adherents of a religion be conducted the same as the rate of labor, agriculture, forestry, fisheries, the match industry.
C4) objective criteria for the ward, commune in the municipality of special type, type 1, 2, 3, 4 were classified according to Decree No. 72/2001/ND-CP dated 10 October 2001 of the Government on classification of municipalities and urban management level. How to calculate the points as specified in point c of paragraph 3 article 5 of Decree No. 158/2005/ND-CP administrative unit would have more specific criteria shall be carried the score of that criteria for classification.
For example, the town of High River by Ward By Ward mountain is counted 20 points; proportion of minority ethnic people > 50% of the entire Ward was counted 15 points; Ward of the municipality type IV been up 5 points; the rate of budget revenues by an average of 3 years (2003 + 2004 + 2005) reached 100% count 5 points, such unique elements are calculated for the classification for the administrative unit in the river by Ward is 45 points.
2.2. The authority, sequence and classification procedure

2.2.1. the people's Committee of social progress established the original records, including: a) the continental map administrative boundary of communes, wards and towns:-The excerpts based on one map type: + map excerpts on the base map 364 (done according to Directive No. 364/CT-CTHĐBT on 06/11/1991 of the President of the Council of Ministers regarding the settlement of disputed land related substances to the administrative boundary levels);
+ New map to adjust administrative boundaries;
+ Map of new administrative units established.
-Map excerpts on A3 size paper; unit area is ha, was Chairman of the Social Committee signed and stamped validation on map excerpts.
-For the region, the deep border and island Township, the Township especially hard not to have the conditions and ability to extract the map of administrative boundaries, the cooperation with the people's Committee at district level to complete his Township of excerpts.
b) A number of demographic statistics of each commune, Ward, town, stating the number of demographics has permanent residence, the demographics of shelter frequently in the local (form No. 1).
c) the text of the specific elements, including in areas I, II, III; ATK Township; classification of municipalities (if any) ... accompanied by the text recognized the peculiarity of competent State agencies; the rate of% of local budget of 3 years, have reported the settlement currency of the budget attached.
d) A synthesis of statistics recorded in the category criteria a, b, c above. Self grading classification (form No. 2).
For the administrative unit in the border town and island despite not scoring, but still have to prepare a full original profile stated above to send up district-level people's committees, to aggregate statistics.
2.2.2. the people's committees at district level: a) established the classification units and complete administrative records the same level people's Council approval;
b) Helps people's Committee issued excerpts Township map of administrative boundaries.
c) Established a general scoring and the expected classification administrative units of each administrative district level (in the form of 3).
d) after resolution of the Assembly of the people of the same level, the district level people's committees complete the profile process of provincial people's committees to review the decision.
2.2.3. The Chairman of the provincial people's Committee: a) directs the Department of the Interior, in coordination with the Department of finance, Department of natural resources and the environment and Statistics conducted the test, review of records, sequence, procedure and calculation method of classification of administrative divisions of the people's Committee of the district level has been prepared for submission to the President of the provincial people's Committee decision given.
b) based on the record, the resolution of the Council and district level people's process of the Department of the Interior, Chairman of the provincial people's Committee decision to classify political subdivisions for the communes, wards and towns.
c) decided to cancel the classification results and request-level people's committees of communes and districts repeated records, proceed to check out scores, disciplined Administration for organizations and individual acts of falsifying resumes, documents in the process of building data on the criteria to calculate the points loâi according to the provisions of the law.
d) assigned to Interior Department records management classification of administrative units and perform statistics, reviews and annual reports (in December) on the results classified administrative unit sent to the Ministry of the Interior (form 10);
f) directing the inspection, complaint resolution and check handling violations in the implementation of the regulation on classification of administrative units.
III. IMPLEMENTATION 3.1. The Department of the Interior of the province, the city of centrally hosted, in cooperation with the relevant agencies to help people's Committee Chairman, city of centrally organizing and guiding people's Committee at district level to perform the provisions of Decree No. 158/2005/ND-CP on December 27, 2005 by the Government on administrative classification commune , Ward, town and content guidance in this circular.
3.2. This circular takes effect after 15 days from the date The report. In the implementation process have difficult obstacles suggest that people's Committee, central cities and the ministries concerned sent comments on the Interior Ministry to study the resolution and additional instructions./.