Decree 120/2025/ND-CP delineation of authority of two-tier local administrations under the Ministry of Justice

DECREE

Providing regulations on delineation of authority of two-tier local administrations under the Ministry of Justice's state management

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Pursuant to the 2025 Law on Organization of the Government;

Pursuant to the 2025 Law on Organization of Local Administration;

Pursuant to Resolution No. 190/2025/QH15 dated February 19, 2025 of the National Assembly providing regulations on the settlement of certain issues related to the reorganization of the state apparatus;

At the request of Minister of Justice;

The Government hereby promulgates the Decree providing regulations on delineation of authority of two-tier local administrations under the Ministry of Justice's state management.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides regulations on delineation of authority of local administrations according to the two-tier local administration model under the Ministry of Justice's state management; the order and procedures for the performance of administrative procedures upon delineation of authority of the district level to the commune or provincial level.

Article 2. Principles of delineation of powers

1. Ensuring compliance with the Constitution; with the principles and provisions on delineation of authority of the 2025 Law on Organization of the Government, and the 2025 Law on Organization of Local Administration.

2. Ensuring that the delineation of tasks and powers among levels of local administration, ensuring the suitability with the tasks, powers, and capacity of the agencies and persons competent to perform the assigned tasks and powers as delineated.

3. Ensuring a clear distinction of powers among the People’s Council, the People’s Committee, and the Chairperson of the People’s Committee; ensuring a clear distinction between the general powers of the People’s Committee and the specific powers of the Chairperson of the People’s Committee.

4. Clearly determining the contents and scope of tasks and powers that local administrations are authorized to decide, implement, and be accountable for the results; avoid duplication and overlap of tasks and powers among local administrations of different levels and among agencies and organizations under local administrations.

5. Ensuring a legal basis for the normal, continuous, and smooth operation of agencies; preventing work interruptions, overlaps, duplications, or omissions in functions, tasks, sectors, and localities; meeting the requirements of local governance; and apply science, technology, innovation, and digital transformation.

6. Ensuring human rights and citizens' rights; to ensure transparency, creating favorable conditions for individuals and organizations in accessing information, exercising rights and obligations, and performing procedures as prescribed by law; not to affect the normal operation of society, people, and enterprises.

7. Ensuring no adverse impact on the implementation of treaties to which the Socialist Republic of Vietnam is a contracting party.

8. Ensuring uniformity in the implementation of the Constitution and laws; ensuring publicity, transparency, accountability, and the effective exercise of power control in association with responsibilities for inspection, examination, and supervision by superior state agencies.

9. Funding for the performance of the transfer shall be guaranteed by the state budget in accordance with regulations.

Article 3. Regarding charges and fees

For administrative procedures that are subject to the payment of charges and fees in accordance with the law regulations, organizations and individuals shall pay the applicable charges and fees to the agency receiving the dossiers requesting the settlement of administrative procedures.  The rates of charges and fees, and the management and use of such charges and fees shall comply with the regulations of the Minister of Finance, or the provincial-level People's Councils corresponding to the respective charges and fees.

Chapter II

DELINEATION OF AUTHORITY UPON ORGANIZATION OF TWO-TIER LOCAL ADMINISTRATIONS IN THE FIELD OF JUDICIAL ADMINISTRATION

Section 1

REGARDING THE FIELD OF CIVIL STATUS

Article 4. Competence to register civil status

People's Committees of communes, wards, special zones (hereinafter referred to as the commune-level People's Committees) shall exercise the competence to register civil status defined in Clause 2, Article 7, Chapter III of the 2014 Law on Civil Status (hereinafter referred to as the Law on Civil Status), Articles 1, 29, 31, 32, 33, 35, 36, 38, 39, and 41 of Decree No. 123/2015/ND-CP dated November 15, 2015 of the Government, detailing a number of articles of, and measures to implement, the Law on Civil Status, as amended and supplemented in 2020, 2022, 2025 (hereinafter referred to as Decree No. 123/2015/ND-CP); the competence to exploit the electronic civil status database and certify civil status information specified in Article 8 of Decree No. 87/2020/ND-CP dated July 28, 2020 of the Government, providing regulations on electronic civil status database and online civil status registration, as amended and supplemented in 2025.

Article 5. Settlement of registration of civil status

1. An individual has the right to choose to perform civil status-related administrative procedures at the civil status registration agency of his/her place of residence; his/her place of residence is determined in accordance with the law on residence.

In case an individual chooses to perform civil status-related administrative procedures not at a commune-level People's Committee of his/her place of permanent or temporary residence, the commune-level People's Committee receiving the request shall be responsible for assisting the individual in submission of his/her civil status registration dossier online to the competent agency as prescribed.

2. Requesters for birth registration, death registration, parent and child recognition, guardianship registration, registration of guardian change or guardianship termination, registration of guardianship supervision or termination of guardianship supervision, registration of civil status change, correction or supplementation, or ethnicity re-determination are not required to be present at the civil status registration agency to sign the civil status book.

3. The order and procedures for civil status registration are provided for in Section I of the Appendix issued together with this Decree.

Article 6. Responsibilities of Chairpersons of provincial-level People's Committees in civil status work

The revocation and cancellation of civil status papers and contents of civil status registration granted or registered illegally by a civil status registration agency as specified at Point e Clause 1 Article 69, and Point h Clause 1 Article 70 of the Law on Civil Status, as well as civil status papers and contents of civil status registration previously granted or registered illegally by the provincial-level Departments of Justice, except for illegal marriage as defined by the 2014 Law on Marriage and Family, shall fall under the authority of the Chairperson of the provincial-level People's Committees.

Article 7. Responsibilities of commune-level People's Committees in state management of civil status

1. The commune-level People's Committees shall perform the state management of civil status in their localities; update, exploit, and use the electronic civil status database within localities under their management; synthesize and evaluate the implementation of civil status registration and management work, and make statistics on civil status registration to report on them to the provincial-level People's Committees.

2. Justice and civil status officers shall assist the commune-level People's Committees in carrying out civil status registration as specified in Article 4 of this Decree; synthesize and evaluate the implementation of civil status registration and management work, and make statistics on civil status registration in the localities.

Article 8. Civil status registration agencies and civil status officers

1. Civil status registration agency defined in Clause 1, Article 4 of the Law on Civil Status includes commune-level People's Committee, an overseas Vietnamese diplomatic mission or consular office.

2. The civil status officers at the localities are civil servants performing justice - civil status duties at the commune level; and civil servants of the provincial-level Department of Justice assigned to perform civil status work.

Section 2

REGARDING THE FIELD OF ADOPTION

Article 9. Responsibility of People's Committees at all levels in management of adoption

The responsibility of examination and monitoring the adoption in their localities defined at Point c Clause 2 Article 49 of the 2010 Law on Adoption (hereinafter referred to as Law on Adoption) and the responsibility of reporting to provincial-level People’s Committees on the settlement of adoption and the implementation of the law on adoption in their localities shall be carried out by the commune-level People's Committees.

Article 10. Review and search for adoptive parents for children

The review and search for adoptive parents for children shall comply with Article 6 of Decree No. 19/2011/ND-CP dated March 21, 2011 of the Government, detailing the implementation of a number of articles of the Law on Adoption, as amended and supplemented in 2016, 2019, and 2025 (hereinafter referred to as Decree No. 19/2011/ND-CP), and the following provisions:

1. Commune-level People's Committees shall review and assess whether children need to be adopted every 06 months. In case of no Vietnamese citizens permanently residing in the country wishing to adopt the children, the commune-level People's Committees shall send a written request, along with the children's dossiers, to the provincial-level Departments of Justice to find adoptive parents for such children.

2. For abandoned children, orphans (who have lost both parents), or children without support living in nurturing centers, the nurturing centers shall assess the children's need for adoption and prepare their dossiers with the papers and documents specified in Clause 1, Article 18 of the Law on Adoption, along with a request for opinions from the governing agencies.

Within 05 working days from the date of receiving a complete dossier, the governing agencies shall provide their opinions in order that the nurturing centers send them to the provincial-level Departments of Justice, along with the children's dossiers. The provincial-level Departments of Justice shall then announce the search for adoptive parents as defined in Clause 3, Article 6 of Decree No. 19/2011/ND-CP.

Article 11. Settlement of administrative procedures in the field of adoption

1. If the adoptive parent chooses to submit the dossier at a commune-level People's Committee other than the one competent to settle the adoption, the commune-level People's Committee receiving the request shall be responsible for assisting the adoptive parent in submitting the adoption registration dossier online to the competent commune-level People's Committee as prescribed.

2. For administrative procedures that require a judicial record card as part of the dossier, as specified in Clause 3, Article 17 of the Law on Adoption and Point g, Clause 1, Article 31 of Decree No. 19/2011/ND-CP, the administrative procedure-resolving agency shall be responsible for requesting the judicial record data management agency to provide judicial record information. Individuals performing these administrative procedures are not required to submit a judicial record card in their dossiers.

3. Health certificates for adoptive parents and children introduced for domestic adoption, as specified in Clause 5, Article 17 and Point b, Clause 1, Article 18 of the Law on Adoption, must be granted by a general hospital, polyclinic, or regional medical center.

Article 12. Confirmation of Vietnamese citizens residing in border areas as eligible to adopt children from neighboring countries residing in border areas

1. The confirmation of Vietnamese citizens permanently residing in border areas as being eligible to adopt children from neighboring countries residing in border areas, as specified in Clause 3, Article 22 of Decree No. 19/2011/ND-CP, shall fall under the authority of the Chairpersons of commune-level People's Committees.

2. The order and procedures for confirmation of Vietnamese citizens residing in border areas as eligible to adopt children from neighboring countries residing in border areas shall comply with Section II of the Appendix issued with this Decree.

Chapter III

DELINEATION OF AUTHORITY UPON ORGANIZATION OF TWO-TIER LOCAL ADMINISTRATIONS IN THE FIELD OF CERTIFICATION

Article 13. Certifiers

Certifiers defined in Clause 9, Article 2 of Decree No. 23/2015/ND-CP dated February 16, 2015 of the Government, on grant of duplicates from master registers, certification of copies from originals, certification of signatures and certification of contracts and transactions, as amended and supplemented in 2025 (hereinafter referred to as Decree No. 23/2015/ND-CP), includes: Chairpersons, Vice Chairpersons of commune-level People's Committees; notaries of notarization practice organizations; diplomatic officers and consuls of Vietnamese diplomatic mission or consular office and other agencies authorized to perform the consular function overseas.

Article 14. Certification competence and responsibility

The certification of signatures of translators on papers and documents translated from foreign languages into Vietnamese or vice versa as defined at Point c, Clause 1, Article 5; the modification, supplementation, cancellation and termination of contracts and transactions as defined in Article 38; and the correction of errors in certified contracts and transactions as specified in Article 39 of Decree No. 23/2015/ND-CP shall fall under the authority of the commune-level People's Committees.

Article 15. Translation collaborators

1. Persons who satisfy the criteria and conditions defined in Article 27 of Decree No. 23/2015/ND-CP may act as translation collaborators of commune-level People's Committees nationwide. The commune-level People's Committees shall be responsible for examining the criteria and conditions of translation collaborators and making a list of their translation collaborators and report it to provincial-level Departments of Justice for approval.

2. The posting of the list of translation collaborators and the signing of translation collaboration contracts as defined in Clauses 2 and 3 of Article 28 of Decree No. 23/2015/ND-CP shall fall under the authority of the Chairpersons of the commune-level People's Committees.

Article 16. Registration of specimen signatures

A translation collaborator of a commune-level People's Committee shall register his/her specimen signature at the commune-level People's Committee. Upon specimen signature registration, the translator shall submit a written registration of specimen signature and sign 3 signatures in this written registration in the presence of Chairperson or Vice Chairpersons of the commune-level People's Committee.

Article 17. Certification of signatures of translators

1. A translation collaborator of a commune-level People's Committee who requests certification of his/her signature shall produce the translation and the translated paper or document.

Before making certification, a certifier shall check the signature of the translator in the translation against his/her specimen signature. In case doubtful about the signature in the translation against the specimen signature, the certifier shall request the translator to sign in the certifier’s presence.

2. A person other than a translation collaborator of a commune-level People's Committee who himself/herself translates a paper or document for personal use and requests certification of his/her signature in the translation shall produce the papers defined at Points a, b, and c, Clause 2, Article 31 of Decree No. 23/2015/ND-CP. The certification requester shall sign in the presence of the certifier or the competent person in accordance with regulations.

Chapter IV

DELINEATION OF AUTHORITY UPON ORGANIZATION OF TWO-TIER LOCAL ADMINISTRATIONS IN THE FIELD OF GRASSROOTS CONCILIATION AND STATE COMPENSATION

Article 18. Responsibilities of People's Committees at all levels in state management of grassroots conciliation

1. The guidance on the incorporation of implementation of the law on grassroots conciliation into the formulation and implementation of conventions of hamlets, villages or residential groups; provision of free information on relevant policies and laws to the organizations and individuals as specified at Point a, Clause 2, Article 4 of Decree No. 15/2014/ND-CP dated February 27, 2014 of the Government, detailing a number of articles and measures for implementation of the Law on Grassroots Conciliation (hereinafter referred to as Decree No. 15/2014/ND-CP); and consideration and decision on commendation of organizations and individuals participating in and making contributions to grassroots conciliation work of communes, wards, and special zones of the provinces at the proposal of commune-level People’s Committees as defined at Point d, Clause 2, Article 4 of Decree No. 15/2014/ND-CP, shall fall under the authority of the provincial-level People's Committees.

2. Commune-level People's Committees shall, within the scope of their tasks and powers, perform the state management of grassroots conciliation in the localities, provide documents and disseminate laws for conciliation activities for individuals as specified in Article 2 of Decree No. 15/2014/ND-CP; propose provincial-level People’s Committees to commend and reward organizations and individuals participating in, making contributions to, and supporting grassroots conciliation work of communes, wards, and special zones when necessary; and consider and decide on support when mediators suffer accidents or risks affecting their health or life while performing mediation activities as stipulated in Article 18 of Decree No. 15/2014/ND-CP.

3. The order and procedures for considering and providing support of conciliators who, when carrying out conciliation activities, suffer accidents or risks affecting their health or life shall comply with Section III of the Appendix issued together with this Decree.

Article 19. Compensation bodies for damages caused by district-level People's Committees Before July 1, 2025

1. From July 1, 2025, the concerned provincial-level People's Committee shall be the compensation body in cases where a damaging act of a district-level People's Committee falls under the group of tasks and powers of the provincial-level People's Committee.

2. From July 1, 2025, the concerned commune-level People's Committee shall be the compensation body in cases where a damaging act of a district-level People's Committee falls under the group of tasks and powers of the commune-level People's Committee.

3. From July 1, 2025, the specialized agencies, or agencies or units directly under the concerned provincial-level People's Committee with the legal status and separate accounts hall be the compensation body in cases where a damaging act of a district-level People's Committee falls under the group of tasks and powers of such agencies or units.

Article 20. Competence to consider the reimbursement liability of official-duty enforcers causing damages

Chairpersons of provincial-level and commune-level People's Committees and the heads of agencies and units specified in Article 19 of this Decree shall organize the consideration of the reimbursement liability of official-duty enforcers causing damages in accordance with Clause 1, Article 66 of the 2017 Law on State Compensation Liability (hereinafter referred to as the Law on State Compensation Liability).

Article 21. Determination of damage caused by asset infringement as defined in Article 23 of the Law on State Compensation Liability

1. The market specified in Clause 1, Article 23 of the Law on State Compensation Liability is the market within the commune-level area where the actual damage occurred.

If the commune-level market where the actual damage occurred does not have like-kind assets or assets with the same properties and technical standards, utility and quality, the market shall be the commune-level market nearest to the place where the actual damage occurred within the province or centrally-run city.

2. The market price for repair and restoration of the damaged assets as specified in Clause 2, Article 23 of the Law on State Compensation Liability and Article 3 of Decree No. 68/2018/ND-CP dated May 15, 2018 of the Government detailing a number of articles and measures for enforcement of the Law on State Compensation Liability (hereinafter referred to as Decree No. 68/2018/ND-CP) is the commune-level market.

Article 22. Ensuring security and order for meetings to directly give public apologies and corrections

1. The ensuring security and order for meetings to directly give public apologies and corrections as defined in Article 23 of Decree No. 68/2018/ND-CP shall fall under the responsibility of commune-level public security offices.

2. Upon receiving a request for ensuring security and order for a meeting to directly give public apologies and corrections from the agency directly managing damage-causing official-duty performers, as specified in Clause 5, Article 23 of Decree No. 68/2018/ND-CP, the commune-level public security office shall be responsible for assuming the prime responsibility for, and coordinating with the commune-level People's Committee in, ensuring security and order for the meeting to directly give public apologies and corrections.

CHAPTER V

IMPLEMENTATION PROVISIONS

Article 23. Effect

1. This Decree takes effect on July 01, 2025.

2. This Decree shall cease to be effective as of March 01, 2027, except for the following cases:

a) The Ministry of Finance reports to the Government for proposal to the National Assembly to decide to extend the application period of the whole or part of this Decree;

b) In case any laws or resolutions of the National Assembly, ordinances or resolutions of the Standing Committee of the National Assembly, decrees or resolutions of the Government, or decisions of the Prime Minister defining the competence, state management responsibilities, orders and procedures specified in this Decree are adopted or promulgated on or after July 01, 2025 and come into effect prior to March 01, 2027, the corresponding provisions in this Decree shall cease to be effective as of the effective date of such legal normative documents.

3. During the effective period of this Decree, if the provisions on competence, state management responsibilities, orders and procedures in this Decree differ from those in other relevant legal normative documents, this Decree shall prevail.

Article 24. Transitional provision

1. In case a district-level People's Committee has received a civil status registration dossier but has not yet fully resolved, or the district-level People's Committee has completely resolved the dossier but subsequently a related issue arises requiring further handling, such dossier shall be transferred to the commune-level People's Committee where the applicant resides for continued handling. In case the applicant has changed their place of residence to another provincial-level locality, or resides abroad, the commune-level People's Committee of his/her former place of residence shall be responsible for handling the matter.

If the competent commune-level People's Committee cannot be determined according to this Clause, or the civil status registration applicant has no place of residence in Vietnam, the provincial-level Department of Justice shall be responsible for receiving the request or report from the citizens. Within 02 working days from the date of receipt, the provincial-level Department of Justice shall report to the Chairperson of the provincial-level People's Committee or, under the authorization of the Chairperson of the provincial-level People's Committee, assign a suitable commune-level People's Committee to resolve the matter, ensuring the utmost convenience for the applicant. The provincial-level Department of Justice shall be responsible for notifying and guiding the applicant to submit the dossier to the competent commune-level People's Committee.

2. In case a district-level Division of Justice has received a certification dossier but has not yet fully resolved, or the district-level Division of Justice has completely resolved the dossier but subsequently a related issue arises requiring further handling, the Chairperson of the provincial-level People's Committee shall be responsible for assigning the commune-level People's Committee of the locality where the applicant being individual resides or where the applicant being organization's or enterprise's transaction office is located, or the new commune-level People's Committee of the locality where the former People's Committee of  the urban district, rural district, town or provincial city was headquartered for continued handling of the matter.

3. For a case where a district-level People's Committee has completed compensation resolution before July 1, 2025, but the compensation has not yet initiated or the reimbursement liability is in the process of consideration, then from July 1, 2025, if the head of the agency or unit in charge of the damaging act of the district-level People's Committee within its group of tasks and powers shall organize the consideration of the reimbursement liability of the official-duty enforcers causing the damages in accordance with Clause 1, Article 66 of the Law on State Compensation Liability.

4. The tasks, funding, and facilities currently under the responsibility of district-level councils of coordination for law dissemination and education shall be handled in accordance with the guidance of the Ministry of Justice.

5. The tasks of district-level councils of coordination for law dissemination and education that have been approved in the plans of 2025 but have not been completed shall be transferred to the provincial-level councils of coordination for law dissemination and education.  Provincial-level councils of coordination for law dissemination and education shall consider and decide on the implementation of the uncompleted tasks of the district-level councils of coordination for law dissemination and education in accordance with the actual conditions of the localities.

The tasks under the 2025 law dissemination and education work plans of the district-level People's Committees and Divisions of Justice have not been completed shall be transferred to the provincial-level People's Committees and Departments of Justice. Provincial-level Departments of Justice shall be responsible for advising the People's Committees of the same level to consider and decide on the implementation of these tasks to meet the requirements of law dissemination and education work in the localities.

6. Documents and papers promulgated or granted by competent agencies or office holders before the effective date of this Decree that have not yet expired or not reached their validity limit shall continue to be applied and used in accordance with law regulations until they expire or are amended, supplemented, replaced, repealed, canceled, or revoked by the agencies or office holders assuming the functions, tasks, and powers, or by the competent agencies or individuals.

* All Appendices are not translated herein.