Mr. Huynh Van Xuan (character's name has been changed) raised the issue: According to Article 22 of the Law on Organization of Local Government, the authority to decide on the establishment of a professional agency or other administrative agency at the commune level belongs to the People's Council of the commune.
However, Decree 118/2025 stipulates that the People's Committee at the commune level is the competent authority to decide to establish the Commune-level Public Administration Service Center.
"In this case, which regulations should be understood and applied? The authority to establish a commune belongs to the People's Council or the People's Committee of the commune?
Currently, there is a lack of consensus between provinces and communes in understanding and applying this regulation, because the document is not really clear. We hope that the Ministry of Home Affairs will soon have unified instructions for localities to implement in accordance with regulations" - Mr. Xuan said.
Regarding the content of Mr. Xuan's question, the Ministry of Home Affairs responded on the Electronic Information Portal.
The establishment of the Public Administration Service Center at the commune level is implemented according to Decree No. 118/2025/ND-CP dated June 9, 2025 of the Government on implementing administrative procedures under the one-stop, one-stop mechanism at the One-stop Department and the National Public Service Portal.
Accordingly, the People's Committee at the commune level decided to establish a Commune-level Public Administration Service Center as an administrative organization under the People's Committee at the commune level, with its own seal and account to perform assigned tasks and powers.
The People's Committee at the commune level decides on the arrangement of points for receiving and returning administrative procedure settlement results of the Commune-level Public Administration Service Center at the local level based on the natural area, population size, local socio-economic conditions and number of administrative procedure records.
Not organizing Commune-level Public Administration Service Centers under Commune People's Committees in localities that choose the model of One-level Public Administration Service Centers under Provincial People's Committees.
Based on the actual situation, Ministers, Heads of ministerial-level agencies, and Chairmen of provincial People's Committees decide on the implementation of the mechanism of assigning public service post providers and service providers to support the implementation of one or more tasks in the process of guiding, receiving, digitizing documents, and returning administrative procedure settlement results according to the provisions of law on bidding.
