Organizing local government when merging units at the same level

ANH HUY |

The Law on Organization of Local Government, effective from March 2025, clearly stipulates the organization of local government when merging administrative units at the same level.

The Law on Organization of Local Government stipulates 1 chapter on the organization of local government in case of changes in administrative unit boundaries and other special cases.

In particular, Article 41 clearly stipulates the organization of local government when merging administrative units at the same level.

In case many administrative units are merged into a new administrative unit at the same level, the People's Council (PC) delegates of the old administrative units are merged into the PCD of the new administrative unit and continue to operate until the end of the term, except in cases where the new administrative unit does not organize the local government level.

The first session of the People's Council in the new administrative unit was attended by 1 million members directly appointed by the Standing Committee of the Upper People's Council among the People's Council delegates of the new administrative unit.

For the provincial level, the National Assembly Standing Committee appoints the meeting and presides over it until the People's Council elects the Chairman of the People's Council of the new administrative unit.

The People's Councils of new administrative units specified in Clause 1 of this Article shall elect the positions of the People's Councils and People's Committees as prescribed in Article 34 of this Law and shall operate until the new term of the People's Council is elected.

Article 42 stipulates the organization of local government when dividing an administrative unit into many administrative units at the same level.

In case a new administrative unit is divided into many new administrative units at the same level, the People's Council delegates who have been elected or are performing the delegation task in the part of the new administrative unit will be merged into the People's Council of that administrative unit and continue to operate until the end of their term.

In case the People's Council in a new administrative unit has a larger number of delegates or two-thirds of the total number of elected delegates as prescribed in this Law, the People's Council in the new administrative unit shall elect the positions of the People's Council and People's Committee as prescribed in this Law and shall operate until the new term People's Council is elected.

In case the number of People's Council deputies in the new administrative unit does not exceed two-thirds of the total number of elected deputies as prescribed in this Law and the remaining term of more than 18 months, additional People's Council deputies will be elected according to the provisions of the law on election.

After being elected, the People's Council will elect additional delegates to the positions of the People's Council and People's Committee according to the provisions of this Law and will operate until the new term of the People's Council is elected.

The Chairman of the People's Committee at the higher level directly appoints the Acting Chairman of the People's Committee and the Provisional People's Committee. For provincial-level administrative units, the Prime Minister shall appoint the Acting Chairman of the People's Committee and the Provisional People's Committee to perform the duties and powers of the Chairman of the People's Committee and the People's Committee according to the provisions of this Law until the new term People's Committee is elected.

ANH HUY
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