Decree 129/2025/ND-CP delineation of authority of two-tier local administrations under the Ministry of Home Affairs’ state management

DECREE

Providing regulations on delineation of authority of two-tier local administrations under the Ministry of Home Affairs’ state management

Pursuant to the 2025 Law on Organization of the Government;

Pursuant to the 2025 Law on Organization of Local Administration;

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

At the proposal of the Minister of Home Affairs;

The Government hereby promulgates the Decree providing regulations on delineation of authority of two-tier local administrations under the Ministry of Home Affairs’ state management.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides regulations on:

1. Delineation of tasks and powers of two-tier local administrations (at provincial- and commune- levels) under the Ministry of Home Affairs’ state management.

2. The order and procedures for the performance of tasks and powers of provincial-level and commune-level local administrations as divided in accordance with this Decree.

Article 2. Principles of delineation of authority in performing state management tasks in the home affairs sector

1. Ensuring conformity with the provisions of the Constitution, and compliance with the principles and provisions on delineation of powers, and delegation of authority provided in the Law on Organization of the Government and the Law on Organization of Local Administration.

2. Ensuring that the delineation of tasks and powers among levels of local administration is consistent with the tasks, powers, and capacity of the agencies and persons competent to perform the assigned tasks and powers; avoiding overlap, duplication, or omission of functions and tasks among levels of local administration and among agencies and organizations under local administrations.

3. Ensuring a clear delineation of authority among the People’s Council, the People’s Committee, and the Chairperson of the People’s Committee.

4. Ensuring a legal basis for the normal, continuous, and smooth operation of agencies, society, individuals, and enterprises; ensuring the protection of human rights and citizens’ rights; facilitating individuals and organizations in accessing information and exercising their rights, obligations, and procedures as prescribed by law.

5. 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.

6. Ensuring no impact on the implementation of treaties and international agreements to which the Socialist Republic of Vietnam is a contracting party.

7. Resources for the performance of the divided tasks and powers shall be guaranteed by the state budget as prescribed.

8. Other matters, tasks, powers, and procedures that are not provided for in this Decree shall continue to be implemented in accordance with relevant laws.

Article 3. Responsibilities of competent agencies, and organizations, and persons assuming functions, tasks, and powers

1. Competent provincial-level and commune-level agencies, organizations, and persons assuming the functions, tasks, and powers of competent district-level agencies, organizations, and persons shall continue to assume the prime responsibility for, and coordinate with relevant competent agencies, organizations, and persons in, carrying out the assigned tasks.

2. To receive, process, and manage dossiers and documents relating to matters being handled by district-level administrations in accordance with law; and not to require organizations or individuals to reperform any tasks or administrative procedures that were completed prior to the commencement of operation of the two-tier local administration model.

3. To proactively issue documents within their competence for the settlement of matters delineated under this Decree, and to report and update competent agencies and persons on the implementation of assigned tasks and any difficulties or obstacles arising during implementation for timely guidance and resolution.

Chapter II

DELINEATION OF POWERS IN THE ORGANIZATION OF TWO-TIER LOCAL ADMINISTRATIONS IN THE FIELD OF PERSONS WITH MERITORIOUS SERVICES

Article 4. Issuance of Certificates of Sacrifice

1. The Chief of the commune-level public security office shall issue certifications for persons who sacrificed their lives and were officers, non-commissioned officers, enlisted personnel, workers, or employees under indefinite-term labor contracts whose salaries were funded by the state budget in the public security force, as prescribed at Point b, Clause 1, Article 17 of the Government's Decree No. 131/2021/ND-CP dated December 30, 2021, detailing and providing measures for the implementation of the Ordinance on Preferential Treatment for Persons with Meritorious Services to the Revolution.

2. Competence to issue Certificates of Sacrifice prescribed in Clause 5, Article 16 of Decree No. 131/2021/ND-CP shall be exercised as follows:

a) For persons who sacrificed their lives while under the management of district-level agencies, Certificates shall be issued by the Chairperson of the provincial-level People’s Committee.

b) For persons who sacrificed their lives while under the management of commune-level agencies, and for cases other than those specified in Clauses 1, 2, 3, and 4, Article 16 of Decree No. 131/2021/ND-CP and Point a of this Clause, Certificates shall be issued by the Chairperson of the commune-level People’s Committee.

3. For cases of sacrifice under Point k, Clause 1, Article 14 of the Ordinance on Preferential Treatment for Persons with Meritorious Services to the Revolution, Certificates of Sacrifice shall be issued based on the documents prescribed at Point a, Clause 7, Article 17 of Decree No. 131/2021/ND-CP. In cases involving the prevention or apprehension of persons committing criminal acts, a conclusion issued by a provincial-level or higher investigation agency shall be required.

Article 5. Dossiers and procedures for recognition of martyrs in cases specified at Point l, Clause 1, Article 14 of the Ordinance on Preferential Treatment for Persons with Meritorious Services to the Revolution

The dossier and procedures for recognition of martyrs in the cases specified in Article 20 of Decree No. 131/2021/ND-CP, where the recurrence of a wound is the primary cause of death of a war invalid or a person entitled to policies applicable to war invalids as prescribed in Clauses 1 and 2, Article 23 of the Ordinance on Preferential Treatment for Persons with Meritorious Services to the Revolution, with a body impairment rate of 61% or higher, shall include medical records on treatment of the recurrent wound issued by a hospital or Regional Medical Center and a mortality review report prescribed in Section 1, Appendix I to this Decree.

Article 6. Procedures for issuance of “Fatherland Acknowledges the Merit” Certificates to persons who sacrificed their lives but have not been issued such Certificates and whose relatives were granted preferential benefits on or before December 31, 1994

In case where the agency or unit that managed the martyr at the time of sacrifice cannot be identified under Point b, Clause 2; Point b, Clause 3; and Point c, Clause 5, Article 21 of Decree No. 131/2021/ND-CP, a report shall be submitted to the provincial-level People’s Committee for establishment of a verification council to reach a conclusion and assign the functional agency to issue the Certificate of Sacrifice in accordance with its jurisdiction (the provincial-level Military Command for military personnel, the provincial-level Public Security Department for public security personnel, and the commune-level People’s Committee for militia members, guerrillas, or civil-administrative-party officials).

Article 7. Re-issuance and revocation of “Fatherland Acknowledges the Merit” Certificates

1. The re-issuance of the “Fatherland Acknowledges the Merit” Certificate prescribed at Point b, Clause 2, Article 24 of Decree No. 131/2021/ND-CP shall be carried out as follows: Within 5 working days, the commune-level People’s Committee shall verify the declaration, compile and prepare a list and written submission, and forward them to the Department of Home Affairs managing the martyr’s records as prescribed.

2. The revocation of “Fatherland Acknowledges the Merit” Certificate prescribed at Point dd, Clause 2, Article 25 of Decree No. 131/2021/ND-CP shall be carried out as follows: Within 5 working days, the commune-level People’s Committee shall notify the martyr’s next-of-kin representative or the person receiving the martyr worship allowance, revoke the “Fatherland Acknowledges the Merit” Certificate, and transfer the Certificate to the Department of Home Affairs for record retention as prescribed.

Article 8. Procedures for settlement of the martyr worship allowance

The procedures for settlement of the martyr worship allowance prescribed in Clauses 2 and 3, Article 28 of Decree No. 131/2021/ND-CP shall be carried out as follows:

Within 5 working days from the receipt of a complete dossier, the commune-level People’s Committee shall examine and certify the application, prepare a list together with documents prescribed in Clause 1, Article 28 of Decree No. 131/2021/ND-CP, for submission to the Department of Home Affairs as prescribed.

Article 9. Procedures for updating information on relatives in a martyr’s records

The procedures for updating information on relatives in a martyr’s records prescribed in Clauses 2 and 3, Article 29 of Decree No. 131/2021/ND-CP shall be carried out as follows:

Within 5 working days from the receipt of sufficient documents, the commune-level People’s Committee shall examine and certify the declaration, prepare a list together with documents prescribed in Clause 1, Article 29 of Decree No. 131/2021/ND-CP, for submission to the Department of Home Affairs as prescribed.

Article 10. Procedures for granting preferential benefits to Vietnamese Heroic Mothers

The procedures for granting preferential benefits to Vietnamese Heroic Mothers prescribed in Clauses 2 and 3, Article 30 of Decree No. 131/2021/ND-CP shall be carried out as follows:

Within 5 working days from the receipt of the declaration, the commune-level People’s Committee shall certify the declaration, together with documents prescribed in Clause 1, Article 30 of Decree No. 131/2021/ND-CP, for submission to the Department of Home Affairs as prescribed.

Article 11. Procedures for granting preferential benefits to heroes of the people’s armed forces and heroes of labor during the resistance war period

The procedures for granting preferential benefits to heroes of the people’s armed forces and heroes of labor during the resistance war period prescribed in Clauses 2 and 3, Article 32 of Decree No. 131/2021/ND-CP shall be carried out as follows:

Within 5 working days from the receipt of sufficient documents, the commune-level People’s Committee shall certify the declaration, and submit it together with documents prescribed in Clause 1, Article 32 of Decree No. 131/2021/ND-CP, to the Department of Home Affairs.

Article 12. Issuance of Certificates of Injury

Competence to issue Certificates of Injury prescribed in Clause 5, Article 36 of Decree No. 131/2021/ND-CP shall be exercised as follows:

1. a) For persons who were under the management of district-level agencies at the time of injury, the Certificate of Injury shall be issued by the Chairperson of the provincial-level People’s Committee.

2. For persons who were under the management of commune-level agencies at the time of injury, and for cases other than those specified in Clauses 1, 2, 3, and 4, Article 36 of Decree No. 131/2021/ND-CP and Clause 1 of this Article, the Certificate of Injury shall be issued by the Chairperson of the commune-level People’s Committee.

Article 13. Procedures for recognition of, and granting benefits to, resistance activists exposed to toxic chemicals

The procedures for recognition of, and granting benefits to, resistance activists exposed to toxic chemicals prescribed at Points b and c, Clause 1; Points b and c, Clause 2; and Points b and c, Clause 3, Article 56 of Decree No. 131/2021/ND-CP shall be carried out as follows:

1. Within 5 working days, the commune-level People’s Committee shall examine and certify the declaration, prepare a list together with documents prescribed at Point a, Clause 1, Article 56 of Decree No. 131/2021/ND-CP, for submission to the Department of Home Affairs as prescribed.

2. Within 5 working days, the commune-level People’s Committee shall verify the declaration, and prepare a list and documents for submission to the Department of Home Affairs as prescribed.

3. Within 12 days from the receipt of the declaration, the commune-level People’s Committee shall certify the declaration, issue a certification confirming that the resistance activist has a spouse but no biological child, prepare a list of cases with complete supporting documents, and submit it to the Department of Home Affairs as prescribed.

Article 14. Procedures for recognition of, and granting benefits to, biological children of resistance activists exposed to toxic chemicals

The procedures for recognition of, and granting benefits to, biological children of resistance activists exposed to toxic chemicals prescribed in Clauses 2 and 3, Article 57 of Decree No. 131/2021/ND-CP shall be carried out as follows:

Within 5 working days, the commune-level People’s Committee shall examine and certify the declaration, prepare a list together with documents prescribed in Clause 1, Article 57 of Decree No. 131/2021/ND-CP, for submission to the Department of Home Affairs as prescribed.

Article 15. Procedures for recognition of, and granting benefits to, persons engaged in revolutionary activities, resistance activities, national defense, or international duties who were imprisoned or exiled by the enemy

The procedures for recognition of, and granting benefits to, persons engaged in revolutionary activities, resistance activities, national defense, or international duties who were imprisoned or exiled by the enemy prescribed in Clauses 2 and 3, Article 62 of Decree No. 131/2021/ND-CP shall be carried out as follows:

Within 5 working days from the receipt of sufficient documents, the commune-level People’s Committee shall examine and certify the declaration, prepare a list of eligible cases together with documents prescribed in Clause 1, Article 62 of Decree No. 131/2021/ND-CP, for submission to the Department of Home Affairs as prescribed.

Article 16. Granting benefits to persons participating in the resistance war for national liberation, national defense, and performance of international duties

1. Benefits shall be granted to persons participating in the resistance war for national liberation, national defense, and performance of international duties as prescribed in Clause 3, Article 65 of Decree No. 131/2021/ND-CP on basis of: The certification issued by a provincial-level or higher emulation and commendation agency regarding commendations awarded in the overall review of resistance war achievements and the actual period of participation in resistance activities.

2. The procedures for granting benefits to persons participating in the resistance war for national liberation, national defense, and performance of international duties prescribed in Clauses 2 and 3, Article 66 of Decree No. 131/2021/ND-CP shall be carried out as follows:

Within 5 working days from the receipt of sufficient documents prescribed in Clause 1, Article 66 of Decree No. 131/2021/ND-CP, the commune-level People’s Committee shall examine and certify the declaration, prepare a list for submission to the Department of Home Affairs as prescribed.

Article 17. Granting benefits to persons with meritorious services in assisting the revolution

1. Benefits to persons with meritorious services in assisting the revolution specified in Clause 3, Article 68 of Decree No. 131/2021/ND-CP shall granted on the basis of:

the certification issued by a provincial-level or higher emulation and commendation agency regarding commendations awarded in the overall review of resistance war achievements and the individual's contribution to assisting the revolution, applicable to persons whose names appear in commendation records but do not appear in the following documents: Certificates of the “Fatherland Acknowledges the Merit” Commemorative Medals; “Meritorious Service to the Nation” Certificates issued prior to the August Revolution of 1945; Resistance Orders; Resistance Medals.

2. The procedures for granting benefits to persons with meritorious services in assisting the revolution prescribed in Clauses 2 and 3, Article 69 of Decree No. 131/2021/ND-CP shall be carried out as follows:

Within 5 working days from the receipt of sufficient documents prescribed in Clause 1, Article 69 of Decree No. 131/2021/ND-CP, the commune-level People’s Committee shall examine and certify the declaration, prepare a list for submission to the Department of Home Affairs as prescribed.

Article 18. Preparation of dossiers for recognition of martyrs

Dossiers for recognition of martyrs prescribed at Point b, Clause 2, Article 72 of Decree No. 131/2021/ND-CP shall be prepared on the following basis:

The person must be recorded as a martyr in one of the following documents: Orders; Medals; Order Wearing Certificates; Medal Wearing Certificates; Rolls of Honor; Meritorious Family Registers; history of Party organization at commune level or higher that has been appraised in writing by a competent Party authority and published; cadre records or Party member records of relatives established on or before December 31, 1994. Where the person is recorded on a martyr memorial stele, there must be a written certification from the Chairperson of the commune-level People’s Committee managing the memorial stele and documentation serving as the basis for engraving the martyr’s name thereon.

Article 19. Procedures for recognition of military personnel and public security personnel who sacrificed their lives or are missing

Procedures for recognition of military personnel and public security personnel who sacrificed their lives or are missing specified at Point c, Clause 2, Article 74 of Decree No. 131/2021/ND-CP shall be carried out as follows:

The commune-level People’s Committee shall send the minutes of the meeting of the Council for Consideration of recognition of martyrs, the minutes of public posting, together with the documents and dossiers for recognition of military personnel or public security personnel who sacrificed their lives or are missing as prescribed in Clause 1, Article 74 of Decree No. 131/2021/ND-CP, to the provincial-level Military Command (for military personnel who sacrificed their lives or are missing) or the provincial-level Public Security Department (for public security personnel who sacrificed their lives or are missing) as prescribed.

Article 20. Dossiers and procedures for recognition of persons who sacrificed their lives or are missing and do not belong to the military or public security forces

Dossiers and procedures for recognition of persons who sacrificed their lives or are missing and do not belong to the military or public security forces specified in Article 75 of Decree No. 131/2021/ND-CP are prescribed in Section 2 of Appendix I to this Decree.

Article 21. Recognition of injured persons serving in the military

An injured person prescribed in Clause 1, Article 78 of Decree No. 131/2021/ND-CP shall prepare a declaration using Form No. 08 in Appendix I to Decree No. 131/2021/ND-CP and, depending on specific case, attach the documents prescribed in Article 76 of Decree No. 131/2021/ND-CP, and submit them to the directly managing agency or unit (the provincial-level Military Command or a regiment or equivalent unit).

Article 22. Procedures for recognition of injured persons formerly serving in the public security force who have been transferred to another sector, demobilized, resigned, or retired

The procedures for recognition of injured persons formerly serving in the public security force who have been transferred to another sector, demobilized, resigned, or retired, as prescribed at Points b and c, Clause 2, Article 79 of Decree No. 131/2021/ND-CP, shall be carried out as follows:

1. Within 12 days from the date of obtaining the results of public posting, a meeting of the commune-level Council for verification of persons with meritorious services shall be convened to consider cases for which no complaints or denunciations have been made by the public. Minutes shall be prepared using Form No. 79 in Appendix I to Decree No. 131/2021/ND-CP. The minutes of the meeting of the Council for verification of persons with meritorious services, the minutes recording the results of the public posting, together with the documents and dossier prescribed in Clause 1, Article 79 of Decree No. 131/2021/ND-CP, shall be sent to the commune-level Public Security Department.

2. Where the injured person permanently resided in another locality before joining the public security force, within 3 working days a written request shall be sent to the commune-level People’s Committee of the locality where such person permanently resided before joining the public security force, requesting the implementation of the procedures prescribed at Points a and b, Clause 2, Article 79 of Decree No. 131/2021/ND-CP.

Within 3 working days from the receipt of sufficient documents prescribed at Points a and b, Clause 2, Article 79 of Decree No. 131/2021/ND-CP, the commune-level People’s Committee of the locality where the injured person permanently resided before joining the public security force shall send the minutes of the meeting of the Council for verification of persons with meritorious services, the minutes recording the results of the public posting, together with the documents and dossier prescribed in Clause 1, Article 79 of Decree No. 131/2021/ND-CP, to the commune-level Public Security Department.

Article 23. Recognition of injured persons currently serving in the public security force

An injured person prescribed in Clause 1, Article 80 of Decree No. 131/2021/ND-CP shall prepare a declaration using Form No. 08 in Appendix I to Decree No. 131/2021/ND-CP and, depending on specific case, attach the following documents, for submission to the directly managing agency or unit:

1. Documents and records evidencing the injury for cases prescribed at Point a, Clause 2, Article 76 of Decree No. 131/2021/ND-CP.

2. Radiographic imaging results and conclusions issued by a hospital or Regional Medical Center (including military and public security hospitals) for cases prescribed at Point b, Clause 2, Article 76 of Decree No. 131/2021/ND-CP. Where surgery has been performed to remove foreign objects, the dossier must additionally include the surgical record, hospital discharge paper, or medical record summary documenting such surgery.

Article 24. Dossiers and procedures for recognition of injured persons who do not belong to the military or public security forces

Dossiers and procedures for recognition of injured persons who do not belong to the military or public security forces specified in Article 81 of Decree No. 131/2021/ND-CP are prescribed in Section 3 of Appendix I to this Decree.

Article 25. Procedures and process for granting convalescence and health rehabilitation benefits

Procedures and process for granting convalescence and health rehabilitation benefits prescribed in Clauses 1, 2 and 3, Article 86 of Decree No. 131/2021/ND-CP shall be carried out as follows:

1. Based on the health condition of eligible persons, the commune-level People’s Committee shall, during the first quarter of the year, prepare a list of persons entitled to centralized convalescence and home-based convalescence using Form No. 86 in Appendix I to Decree No. 131/2021/ND-CP and submit such list to the Department of Home Affairs.

2. Within 30 days from the receipt of the consolidated list submitted by the commune-level People’s Committee, the Department of Home Affairs shall, based on the allocated budget estimate and the submitted list, approve the list of persons entitled to centralized convalescence and home-based convalescence and issue a decision using Form No. 68 in Appendix I to Decree No. 131/2021/ND-CP.

Article 26. Dossiers and procedures for provision of funds for the purchase of assistive devices, orthopedic devices, and rehabilitation equipment and devices

1. The commune-level People’s Committee shall receive dossiers for cases residing with their families as prescribed at Point a, Clause 1, Article 90 of Decree No. 131/2021/ND-CP.

2. The commune-level People’s Committee or a care and nursing establishment managed by the locality, as prescribed in Clause 2, Article 90 of Decree No. 131/2021/ND-CP, shall:

a) Within 10 days from the receipt of documents prescribed in Clause 1, Article 90 of Decree No. 131/2021/ND-CP, examine and send the dossier to the Department of Home Affairs together with a written request for provision of funds for purchase of assistive devices, orthopedic devices, and rehabilitation equipment and devices.

b) Within 5 working days from the receipt of the Department of Home Affairs’ decision on provision of funds, disburse such funds to eligible recipients for the purchase of assistive devices, orthopaedic devices, and rehabilitation equipment and devices. At the same time, update the register of persons provided with assistive devices, orthopaedic devices, and rehabilitation equipment and devices;

c) Annually prepare a list of persons who become eligible, upon expiry of the prescribed replacement period, for provision of assistive devices, orthopaedic devices, and rehabilitation equipment and devices, using Form No. 89 in Appendix I to Decree No. 131/2021/ND-CP, and submit it to the Department of Home Affairs for approval. Disburse funds for the purchase of assistive devices, orthopaedic devices, and rehabilitation equipment and devices in accordance with the approval granted by the Department of Home Affairs.

3. Hanoi Department of Home Affairs shall:

a) For first-time requests for provision of funds for the purchase of assistive devices, orthopaedic devices, and rehabilitation equipment and devices, within 20 days from the receipt of the required documents, examine, verify and issue a decision on provision of funds for purchase of assistive devices, orthopaedic devices, and rehabilitation equipment and devices, using Form No. 69 in Appendix I to Decree No. 131/2021/ND-CP, and forward such decision to the commune-level People’s Committee or establishment providing care and nursing services for persons with meritorious services. At the same time, update the register of persons provided with assistive devices, orthopaedic devices, and rehabilitation equipment and devices;

b) Annually, within 7 working days from the receipt of the list specified at Point c, Clause 2 of this Article, examine and approve the list and send it to the commune-level People’s Committee or care and nursing establishment for implementation.

Article 27. Procedures for entitlement to educational assistance for pursuing studies up to university level at educational institutions within the national education system

The procedures for entitlement to educational assistance for pursuing studies up to university level at educational institutions within the national education system as prescribed at Point b, Clause 1, Article 97 and Point b, Clause 2, Article 97 of Decree No. 131/2021/ND-CP are as follows:

1. Agencies and units managing persons with meritorious services under the Ministry of National Defence and the Ministry of Public Security shall request the dossier-managing agency to provide certification and forward it to the commune-level People’s Committee of the learner’s place of permanent residence, together with a copy of the dossier of the person with meritorious services as prescribed.

2. Within 5 working days from the receipt of sufficient documents, the commune-level People’s Committee shall examine and certify the declaration, prepare a list for submission to the Department of Home Affairs as prescribed.

Article 28. Payment of preferential benefits in vocational education and higher education

The payment of preferential benefits in vocational education and higher education as prescribed in Clause 1, Article 98 of Decree No. 131/2021/ND-CP shall be carried out as follows:

The specialized agency performing functions in the field of home affairs under the commune-level People’s Committee shall make payment of preferential benefits in vocational education and higher education either directly or through the learner’s personal account, at the learner’s request according to regulations.

Article 29. Financial assistance for new construction or renovation and repair of temporary or severely damaged houses

1. The implementation methods prescribed at Points a and b, Clause 5, Article 102 of Decree No. 131/2021/ND-CP are as follows:

a) Regarding the formulation and approval of the Scheme on Housing Assistance for Persons with Meritorious Services to the Revolution and Relatives of Martyrs (hereinafter referred to as the Scheme), commune-level People’s Committees shall be responsible for reviewing and preparing lists of households eligible for assistance and reporting them to provincial-level People’s Committees as a basis for formulation and approval of the Scheme within the province in accordance with the procedures prescribed in Clause 6, Article 102 of Decree No. 131/2021/ND-CP. Consolidation, verification and approval of the Scheme shall be completed within 90 days from the date on which the Prime Minister promulgates the assistance levels for new construction or renovation and repair of houses under Clause 2, Article 102 of Decree No. 131/2021/ND-CP.

b) Allocation of funds: Based on funds allocated from the central budget, local budget funds and other lawfully mobilized funding sources, provincial-level People’s Committees shall allocate funds to commune-level People’s Committees. Based on the funds allocated by provincial-level People’s Committees, commune-level People’s Committees shall organize implementation. The management, disbursement, payment and final settlement of assistance funds shall comply with the laws on the state budget and public investment.

2. Procedures for formulation and approval of the Scheme under Points b and d, Clause 6, Article 102 of Decree No. 131/2021/ND-CP are as follows:

a) Commune-level People’s Committees shall establish a Steering Committee for implementation of housing assistance for persons with meritorious services to the revolution and relatives of martyrs, comprising representatives of the commune-level administration, the commune-level Vietnam Fatherland Front, and the commune-level Veterans Association, to inspect the housing condition of each applicant requesting housing assistance.

After the inspection, the commune-level People’s Committee shall prepare a list of persons eligible for housing assistance within its locality, using Form No. 02 in Appendix IX to Decree No. 131/2021/ND-CP and submit it to the provincial-level People’s Committee.

b) Based on reports of commune-level People’s Committees, provincial-level People’s Committees shall assign the Department of Construction to assume the prime responsibility for, and coordinate with the Department of Finance and the Department of Home Affairs in, verifying, reviewing, formulating and submitting the Scheme to the provincial-level People’s Committee for approval.

Article 30. Procedures for admission of persons with meritorious services to care and nursing establishments for persons with meritorious services

The procedures for admission of persons with meritorious services to care and nursing establishments for persons with meritorious services as prescribed in Clauses 2 and 3, Article 113 of Decree No. 131/2021/ND-CP shall be carried out as follows:

Within 7 working days from the receipt of the application, the commune-level People’s Committee shall examine, verify and certify the application. If the prescribed conditions are satisfied, the commune-level People’s Committee shall send a written request together with the documents specified in Clause 1, Article 113 of Decree No. 131/2021/ND-CP to the Department of Home Affairs managing the dossier of the person with meritorious services as prescribed.

Article 31. Procedures for entitlement to funeral allowance

The procedures for entitlement to funeral allowance as prescribed in Clauses 2 and 3, Article 122 of Decree No. 131/2021/ND-CP shall be carried out as follows:

Within 7 working days from the receipt of sufficient documents, the commune-level People’s Committee shall certify the declaration, prepare a list for submission to the Department of Home Affairs as prescribed.

Article 32. Procedures for entitlement to lump-sum allowance upon the death of a person with meritorious services currently receiving preferential allowances

The procedures for entitlement to lump-sum allowance upon the death of a person with meritorious services who is receiving preferential allowances, as prescribed in Clauses 2 and 3, Article 123 of Decree No. 131/2021/ND-CP, shall be carried out as follows:

Within 7 working days from the receipt of sufficient documents, the commune-level People’s Committee shall certify the declaration, prepare a list for submission to the Department of Home Affairs as prescribed.

Article 33. Procedures for entitlement to monthly survivorship allowance and monthly survivorship allowance for dependents

The procedures for entitlement to monthly survivorship allowance and monthly survivorship allowance for dependents as prescribed at Point dd, Clause 2 and Clause 3, Article 124 of Decree No. 131/2021/ND-CP shall be carried out as follows:

The commune-level People’s Committee shall examine and prepare a list of persons eligible for monthly survivorship allowance and monthly survivorship allowance for dependents, together with all documents specified at Points a, b and c, Clause 2, Article 124 of Decree No. 131/2021/ND-CP, and submit it to the Department of Home Affairs managing the relevant dossier.

Article 34. Memorial service and burial of martyrs’ remains

The memorial service and burial of martyrs’ remains prescribed in Clauses 2 and 3, Article 149 of Decree No. 131/2021/ND-CP shall be carried out as follows:

1. Commune-level People’s Committees shall organize memorial services and the burial of martyrs’ remains recovered by domestic search and recovery units.

2. Commune-level People’s Committees shall arrange the burial of martyrs’ remains in case where such remains are relocated at the request of relatives or persons receiving the martyrs’ worship allowance.

Article 35. Management of martyrs’ graves and cemeteries

1. The management unit of a martyrs’ cemetery containing 500 or more martyrs’ graves, as prescribed in Clause 1, Article 153 of Decree No. 131/2021/ND-CP, shall:

a) Prepare a cemetery layout plan and grave-location map; maintain dossiers on martyrs’ graves (including grave information, grave location, records of handover of martyrs’ remains, and documents relating to the graves); compile the list of graves in martyrs’ cemeteries using Form No. 84 in Appendix I to Decree No. 131/2021/ND-CP, and a register of martyrs’ graves located outside martyrs’ cemeteries using Form No. 85 in Appendix I to Decree No. 131/2021/ND-CP, for retention and submission to the Department of Home Affairs;

b) Update information in the grave management lists and report to the Department of Home Affairs in case where martyrs’ remains are relocated or newly received;

c) Where a cemetery does not have a management unit, the commune-level People’s Committee managing the cemetery shall perform the duties prescribed at Points a and b of this Clause.

2. Commune-level People’s Committees shall:

a) Consolidate lists of graves in martyrs’ cemeteries using Form No. 84 in Appendix I to Decree No. 131/2021/ND-CP and registers of martyrs’ graves buried outside martyrs’ cemeteries using Form No. 85 in Appendix I to Decree No. 131/2021/ND-CP within their localities.

b) Manage cemetery layout plans and grave-location maps, and dossiers on martyrs’ graves.

c) Update information in the grave management lists and report to the Department of Home Affairs in case where martyrs’ remains are relocated or newly received.

d) Retain and submit to the Department of Home Affairs the documents specified at Points a, b and c of this Clause.

3. The Department of Home Affairs shall:

a) Consolidate lists of graves in martyrs’ cemeteries and martyrs’ graves managed by families within the locality.

b) Manage and update cemetery layout plans, grave-location maps and dossiers on martyrs’ graves whenever there are changes relating to martyrs’ graves in martyrs’ cemeteries.

c) Update information in the grave management lists and the national database on martyrs whenever there are changes relating to martyrs’ graves in martyrs’ cemeteries.

d) Coordinate with the Department of Education and Training in organizing schools within the national education system to care for and maintain martyrs’ cemeteries.

dd) Coordinate with the Ho Chi Minh Communist Youth Union and the Department of Education and Training in organizing candle-lighting tribute ceremonies at martyrs’ cemeteries within the locality at 8:00 p.m. on July 26 each year.

Article 36. Procedures for visiting martyrs’ graves

The procedures for visiting martyrs’ graves as prescribed in Clauses 1, 2, 4 and 5, Article 158 of Decree No. 131/2021/ND-CP shall be carried out as follows:

1. A person visiting a martyr’s grave shall submit to the commune-level People’s Committee managing the martyr’s original dossier the documents prescribed in Clause 1, Article 158 of Decree No. 131/2021/ND-CP.

2. Within 3 working days from the receipt of sufficient documents as prescribed in Clause 2, Article 158 of Decree No. 131/2021/ND-CP, the commune-level People’s Committee managing the martyr’s original dossier shall examine and issue a referral letter for visiting the martyr’s grave, using Form No. 42 in Appendix I to Decree No. 131/2021/ND-CP.

3. The person visiting the martyr’s grave shall submit the referral letter for visiting the martyr’s grave, certified by the commune-level People’s Committee managing the grave, to the commune-level People’s Committee managing the martyr’s original dossier in order to receive assistance in accordance with Clause 4, Article 158 of Decree No. 131/2021/ND-CP.

4. Within 2 working days from the receipt of the referral letter certified by the commune-level People’s Committee managing the grave or by the locality where the martyr sacrificed his or her life, as prescribed in Clause 5, Article 158 of Decree No. 131/2021/ND-CP, the commune-level People’s Committee managing the martyr’s original dossier shall provide the grave-visitation assistance payment.

Article 37. Dossiers and procedures for relocation of martyrs’ remains buried in martyrs’ cemeteries to another burial place at request of representatives of the martyrs’ relatives or persons receiving the martyrs’ worship allowance

The dossiers and procedures for relocation of martyrs’ remains buried in martyrs’ cemeteries to another burial place at the request of a representative of the martyr’s relatives or the person receiving the martyrs’ worship allowance, as prescribed in Article 159 of Decree No. 131/2021/ND-CP, shall be carried out in accordance with Section 4 of Appendix I to this Decree.

Article 38. Dossiers and procedures for relocation of martyrs’ remains buried outside martyrs’ cemeteries for reburial in martyrs’ cemeteries at request of representatives of the martyrs’ relatives or persons receiving the martyrs’ worship allowance

The dossiers and procedures for relocation of martyrs’ remains buried outside martyrs’ cemeteries for reburial in martyrs’ cemeteries at the request of a representative of the martyr’s relatives or the person receiving the martyrs’ worship allowance, as prescribed in Article 160 of Decree No. 131/2021/ND-CP, shall be carried out in accordance with Section 5 of Appendix I to this Decree.

Article 39. Scope of mobilization of the Gratitude Fund

The scope of mobilization of the commune-level Gratitude Fund prescribed in Clause 1, Article 177 of Decree No. 131/2021/ND-CP is as follows:

1. Agencies, organizations, individuals and households within the locality directly managed by the commune level.

2. Agencies of the Party, the Vietnam Fatherland Front, political organizations, socio-political organizations, socio-political-professional organizations, social-professional organizations and social organizations directly managed by the commune level.

3. Administrative agencies, public non-business units, military agencies and public security agencies at the commune level.

Article 40. Procedures for settlement of allowance entitlements

1. The procedures for settlement of allowance entitlements prescribed at Points b and c, Clause 2, Article 4 of the Prime Minister’s Decision No. 57/2013/QD-TTg dated October 14, 2013, on lump-sum allowances for persons assigned as experts to assist Laos and Cambodia shall be carried out as follows:

The commune-level People’s Committee shall receive the dossier, consolidate and report to the Chairperson of the provincial-level People’s Committee through the Department of Home Affairs as prescribed.

2. The procedures for settlement of allowance entitlements prescribed at Points b and c, Clause 2, Article 2 of the Prime Minister’s Decision No. 24/2016/QD-TTg dated June 14, 2016, on lump-sum allowances for persons who rendered meritorious services during the resistance wars and were awarded Certificates of Merit by the Prime Minister, Ministers, heads of ministerial-level agencies, heads of Government-attached agencies, or chairpersons of provincial-level People’s Committees, shall be carried out as follows:

Within 5 days from the receipt of a complete and valid documents, the commune-level People’s Committee shall examine and certify the declaration, prepare a list together with the documents prescribed at Point a, Clause 2, Article 2 of Decision No. 24/2016/QD-TTg, and submit them to the Department of Home Affairs.

Article 41. Competence to issue medical record summaries and mortality review reports

The medical record summary and mortality review report prescribed at Point l, Clause 1, Article 14 of the Ordinance on Preferential Treatment for Persons with Meritorious Services to the Revolution and Clause 8, Article 17 of Decree No. 131/2021/ND-CP; and the medical record summary prescribed in Article 37, Point a, Clause 1, Article 41, Point a, Clause 1, Article 42, Clause 3, Article 48, Point a, Clause 2, Article 54, Point dd, Clause 2, Article 54, Point b, Clause 1, Article 77, Point b, Clause 1, Article 79, and Clause 1, Article 117 of Decree No. 131/2021/ND-CP shall be issued by hospitals or Regional Medical Centers (including those of the police and military forces).

Chapter III

DELINEATION OF POWERS IN THE ORGANIZATION OF TWO-TIER LOCAL ADMINISTRATIONS IN THE FIELD OF EMPLOYMENT AND OCCUPATIONAL SAFETY

Article 42. Reporting of occupational accidents and technical incidents causing occupational safety and hygiene hazards

Commune-level public security offices shall:

1. Receive reports of occupational accidents and technical incidents causing occupational safety and hygiene hazards submitted by employers in accordance with Point b, Clause 1, Article 34 of the Law on Occupational Safety and Health.

2. Receive notifications from commune-level People’s Committees in cases of fatal occupational accidents or occupational accidents causing serious injuries to two or more employees in accordance with Point d, Clause 1, Article 34 of the Law on Occupational Safety and Health.

Article 43. Investigation of occupational accidents, technical incident endangering occupational safety and health, and technical incident seriously endangering occupational safety and health involving employees without labor contracts

1. Where an occupational accident causes serious injury to an employee without labor contract as prescribed in Clause 1, Article 35 of the Law on Occupational Safety and Health, the commune-level People’s Committee of the locality where the occupational accident occurs shall prepare a record of the incident for occupational accident statistical purposes.

2. For workers participating in voluntary occupational accident insurance for employees without labor contracts as prescribed in Article 18 of the Government’s Decree No. 143/2024/ND-CP dated November 1, 2024, on voluntary occupational accident insurance for employees without labor contracts, the reporting and investigation of occupational accidents shall be conducted in accordance with Article 49 of this Decree.

Article 44. Statistics and reporting of occupational accidents and technical incidents seriously endangering occupational safety and health

The statistics and reporting of occupational accidents and technical incidents seriously endangering occupational safety and health as prescribed in Clause 2, Article 36 of the Law on Occupational Safety and Health shall be carried out as follows:

Commune-level People’s Committees shall compile statistics on, and report, occupational accidents and technical incidents seriously endangering occupational safety and health to the provincial-level state management agency for home affairs as prescribed.

Article 45. Time limits and contents of occupational accident reports

1. Departments of Home Affairs and commune-level public security offices shall receive occupational accident reports in accordance with Point a, Clause 1; Point a, Clause 2; and Point b, Clause 3, Article 10 of the Government’s Decree No. 39/2016/ND-CP dated May 15, 2016, detailing a number of articles of the Law on Occupational Safety and Health.

2. The contents of occupational accident reports prescribed at Point b, Clause 1 and Point b, Clause 2, Article 10 of Decree No. 39/2016/ND-CP shall be prepared in accordance with Form No. 01 in Appendix II to this Decree.

3. The rapid report form prescribed at Point b, Clause 3, Article 10 of Decree No. 39/2016/ND-CP shall be prepared in accordance with Form No. 06 in Appendix II to this Decree.

Article 46. Coordination in occupational accident investigations conducted by the central-level occupational accident investigation team

The central-level occupational accident investigation team shall coordinate with the provincial-level public security departments in conducting occupational accident investigations in accordance with Clause 2, Article 15 of Decree No. 39/2016/ND-CP.

Article 47. Occupational accident reporting

The reporting of occupational accidents prescribed in Clause 2, Article 24 of Decree No. 39/2016/ND-CP shall be carried out as follows:

Commune-level People’s Committees shall report occupational accidents and technical incidents seriously endangering occupational safety and health involving employees without labor contracts occurring within their localities to the Department of Home Affairs as prescribed.

Article 48. Reporting of technical incidents endangering occupational safety and health and technical incidents seriously endangering occupational safety and health

1. Where an incident causes fatalities or serious injuries to two or more persons who are not employees under the management, or where employees are involved in the incident but the extent of casualties has not yet been determined, as prescribed in Clause 1, Article 26 of Decree No. 39/2016/ND-CP, the employer of the establishment where the incident occurs shall report the incident to the Department of Home Affairs of the locality where the incident occurs and to the commune-level public security office in cases involving fatalities, using Form No. 01 in Appendix II to this Decree.

2. For technical incidents seriously endangering occupational safety and health for which specialized law does not prescribe reporting requirements under Clause 3, Article 26 of Decree No. 39/2016/ND-CP, the following provisions shall apply:

a) Any person who discovers, or receives information about, a technical incident seriously endangering occupational safety and health shall immediately notify the employer of the establishment where the incident occurs or the commune-level People’s Committee of the locality where the incident occurs;

b) In case of a technical incident seriously endangering occupational safety and health involving multiple production or business establishments or localities, the employer and the locality where the incident occurs shall immediately report the incident to the provincial-level People’s Committee.

Article 49. Classification, declaration and investigation of occupational accidents for employees participating in voluntary occupational accident insurance

1. The reporting of occupational accidents involving employees participating in voluntary occupational accident insurance as prescribed at Point b, Clause 2, Article 18 of Decree No. 143/2024/ND-CP shall be carried out as follows:

Upon receiving notification of an accident from the injured employee or his/her family, the commune-level People’s Committee of the locality where the accident occurs shall report the accident by the fastest available means (directly, by telephone, fax, telegram or email) to the Department of Home Affairs, using the rapid report form prescribed in Form No. 04 of Appendix II to this Decree. In case of fatal occupational accidents or occupational accidents causing serious injuries to two or more employees, the commune-level People’s Committee shall simultaneously report the accident to the commune-level public security office of the locality where the accident occurs.

2. Upon receipt of a report of an occupational accident involving an employee participating in voluntary occupational accident insurance within its locality in accordance with Point a, Clause 4, Article 18 of Decree No. 143/2024/ND-CP, the investigation of the occupational accident shall be conducted as follows:

a) The commune-level People’s Committee of the locality where the accident occurs shall establish a grassroots-level occupational accident investigation team and issue a decision on its establishment using Form No. 05 of Appendix II to this Decree, for the investigation of occupational accidents causing serious injury to one employee and minor occupational accidents. The grassroots-level occupational accident investigation team shall comprise representatives of the divisions in charge of home affairs, labor and health under the commune-level People’s Committee; representative of the regional social insurance agency of the locality where the accident occurs; and other members.

b) The investigation team referred to at Point a of this Clause shall perform its duties and conduct the occupational accident investigation in accordance with Article 35 of the Law on Occupational Safety and Health and the Government’s guiding documents.

3. Within 3 working days from the date of the meeting announcing the occupational accident investigation report, the grassroots-level occupational accident investigation team shall send the occupational accident investigation report and the minutes of the meeting announcing the occupational accident investigation report to the injured employee or the victim’s next of kin; the Department of Home Affairs of the locality where the occupational accident occurred; the specialized agency performing home affairs functions under the commune-level People’s Committee; and the social insurance agency where the employee has registered for voluntary occupational accident insurance, in accordance with Point c.9, Clause 4, Article 18 of Decree No. 143/2024/ND-CP.

Article 50. Re-investigation of occupational accidents upon receipt of complaints or denunciations

The re-investigation of occupational accidents upon receipt of complaints or denunciations prescribed at Point c, Clause 1, Article 20 of Decree No. 143/2024/ND-CP shall be carried out as follows:

The commune-level People’s Committee of the locality where the accident occurred and the provincial-level occupational accident investigation team that conducted the occupational accident investigation shall provide the central-level occupational accident re-investigation team with all documents, objects and means relating to the occupational accident involving the employee, in case where a re-investigation is conducted upon complaints or denunciations as prescribed.

Article 51. Responsibilities of commune-level People’s Committees for administration of occupational accident insurance for employees without labor contracts

The responsibilities of commune-level People’s Committees for administration of occupational accident insurance for employees without labor contracts as prescribed in Clause 2, Article 30 of Decree No. 143/2024/ND-CP shall be as follows:

1. To organize information dissemination and awareness-raising activities on policies and laws concerning voluntary occupational accident insurance within the locality.

2. To inspect the implementation of laws on voluntary occupational accident insurance within the locality. To carry out accident reporting and establish grassroots-level accident investigation teams to investigate occupational accidents involving employees without labor contracts who participate in voluntary occupational accident insurance, in accordance with Article 18 of Decree No. 143/2024/ND-CP.

3. To settle complaints and denunciations relating to voluntary occupational accident insurance as prescribed by law.

4. To propose competent agencies the elaboration, amendment and supplementation of voluntary occupational accident insurance regimes, policies and laws, and handling of violations relating to occupational accident insurance.

5. To submit annual periodic reports and ad hoc reports to provincial-level People’s Committees and Departments of Home Affairs as prescribed by law.

6. To perform other responsibilities as prescribed by law.

Article 52. Appraisal and approval of loan application dossiers

The order and procedures for the appraisal and approval of loan application dossiers for projects financed from capital sources managed by provincial-level People’s Committees, as prescribed in Clause 1, Article 29 of the Government’s Decree No. 61/2015/ND-CP dated July 9, 2015, on employment creation support policies and the National Employment Fund, shall comply with Section 6 of Appendix I to this Decree.

Article 53. Conditions for support for training, retraining and vocational skills upgrading to maintain employment for employees

The Chairperson of the commune-level People’s Committee shall certify cases where fire, flood, earthquake, tsunami, enemy sabotage, or epidemic disease causes partial or total damage to facilities, equipment, machinery or workshops, as a basis for the provision of support in accordance with Article 3 of the Government’s Decree No. 28/2015/ND-CP dated March 12, 2015, detailing a number of articles of the Law on Employment regarding unemployment insurance (as amended and supplemented under Decree No. 61/2020/ND-CP).

Chapter IV

DELINEATION OF POWERS IN THE ORGANIZATION OF TWO-TIER LOCAL ADMINISTRATIONS IN THE FIELD OF NON-GOVERNMENTAL ORGANIZATIONS

Article 54. Competence to assign tasks to associations

The competence to assign tasks to associations as prescribed in Clause 2, Article 8 of the Government’s Decree No. 126/2024/ND-CP dated October 8, 2024, providing the organization, operation and management of associations, shall be exercised as follows:

Provincial-level People’s Committees, Chairpersons of provincial-level People’s Committees, and competent authorities at the provincial level shall assign tasks to associations operating within the province or commune as prescribed.

Article 55. Competence to recognize association establishment mobilization boards

The competence to recognize an association establishment mobilization board as prescribed at Point c, Clause 2, Article 12 of Decree No. 126/2024/ND-CP shall be exercised as follows:

The Chairperson of the commune-level People’s Committee shall decide on recognition of an association establishment mobilization board for an association operating within the commune as prescribed.

Article 56. Competence to handle association-related procedures

1. The competence to handle association-related procedures as prescribed in Clause 4, Article 15 of Decree No. 126/2024/ND-CP shall be exercised as follows:

The Chairperson of the commune-level People’s Committee may recognize an association establishment mobilization board; permit the establishment, division, separation, merger, consolidation, dissolution and renaming of associations; approve association charters; suspend operations for a specified period; and permit the resumption of operations of associations operating within the commune, as prescribed.

2. The dossiers and procedures for recognition of association establishment mobilization boards; permission for the establishment, division, separation, merger, consolidation, dissolution and renaming of associations; approval of association charters; suspension of operations for a specified period; and permission for the resumption of operations of associations operating within the commune shall comply with specialized legislation.

Article 57. Commune-level People’s Committees’ state management responsibilities for associations

The state management responsibilities for associations prescribed in Article 50 of Decree No. 126/2024/ND-CP shall be performed by commune-level People’s Committees as follows:

1. To manage and inspect the compliance with laws on associations and association charters by associations operating within the commune.

2. To inspect financial and asset-related activities; resolve complaints and denunciations; and handle violations relating to assets, finance and accounting of associations operating within the commune.

3. To commend, or recommend competent authorities to commend, associations, organizations and individuals with achievements as prescribed by law.

4. To resolve complaints and denunciations and handle violations relating to administrative decisions and the performance of official duties by officers and civil servants in organizations under commune-level People’s Committees, as prescribed by law.

5. To consider and decide on the assignment of tasks to associations operating within the commune, consistent with their fields of operation.

6. Annually, to consolidate and submit reports to provincial-level People’s Committees on the organization, operation and management of associations operating within the commune.

7. To update the association database in accordance with the management decentralization, and coordinate in the development, operation and management of the database on associations operating within the commune.

8. Chairpersons of Commune-level People’s Committees shall perform duties as prescribed in Clause 4, Article 15 of Decree No. 126/2024/ND-CP.

9. To perform other tasks prescribed by law.

Article 58. Commune-level People’s Committees’ state management responsibilities for funds

The state management responsibilities for funds prescribed in Article 48a of the Government’s Decree No. 93/2019/ND-CP dated November 25, 2019, on the organization and operation of social funds and charity funds (as amended and supplemented under Decree No. 136/2024/ND-CP dated October 23, 2024), shall be performed by commune-level People’s Committees as follows:

1. To manage and inspect the compliance with laws on funds and fund charters by associations operating within the commune.

2. To inspect financial and asset-related activities; resolve complaints and denunciations; and handle violations relating to assets, finance and accounting of funds operating within the commune.

3. To commend and reward or propose competent authorities to commend and reward funds, organizations and individuals with achievements under law.

4. To resolve complaints and denunciations and handle violations relating to administrative decisions and the performance of official duties by officers and civil servants in organizations under commune-level People’s Committees, as prescribed by law.

5. Annually, to consolidate and submit reports to provincial-level People’s Committees on the organization, operation and management of funds operating within the commune.

6. To update the fund database in accordance with the management decentralization, and coordinate in the development, operation and management of the database on funds operating within the commune.

7. Chairpersons of commune-level People’s Committees shall exercise the powers specified in Clause 3, Article 18 of the Government’s Decree No. 93/2019/ND-CP dated November 25, 2019, on the organization and operation of social funds and charity funds (as amended and supplemented under Decree No. 136/2024/ND-CP dated October 23, 2024), except for funds established with asset contributions from foreign organizations or individuals.

Chapter V

DELINEATION OF POWERS IN THE ORGANIZATION OF TWO-TIER LOCAL ADMINISTRATIONS IN THE FIELD OF EMULATION AND COMMENDATION

Article 59. Competence to confer emulation titles and forms of commendation by Chairpersons of commune-level People’s Committees

The competence to confer emulation titles and forms of commendation prescribed in Clauses 2 and 3, Article 80 of the Law on Emulation and Commendation shall be exercised as follows:

The Chairperson of the commune-level People’s Committee shall decide on the conferment of the titles of Cultural Village, Cultural Residential Group, “Cultured Family”, “Advanced Labor Collective”, “Grassroots Emulation Fighter”, “Advanced Laborer”, and certificates of merit as prescribed.

Article 60. Competence to organize funeral services upon the Vietnamese Heroic Mother's death

The competence to organize funeral services upon the death of a Vietnamese Heroic Mother as prescribed at Point a, Clause 4, Article 3 of the Government’s Decree No. 56/2013/ND-CP dated May 22, 2013, detailing and guiding the implementation of the Ordinance on the Honorary State Title of “Vietnamese Heroic Mother”, shall be exercised as follows:

The Chairperson of the commune-level People’s Committee shall organize the funeral service with the participation of representatives of Party committees, local administrations, socio-political organizations, agencies and units providing care and support to the Mother, and local residents of the place where she resided, as prescribed.

Article 61. Procedures for nomination for conferment or posthumous conferment of the honorary State title “Vietnamese Heroic Mother”

The procedures for nomination for conferment or posthumous conferment of the honorary State title “Vietnamese Heroic Mother” as prescribed in Article 5 of Decree No. 56/2013/ND-CP (as amended and supplemented under Decree No. 83/2025/ND-CP dated April 2, 2025, amending Decree No. 56/2013/ND-CP detailing the implementation of the Ordinance on the Honorary State Title of Vietnamese Heroic Mother) are set out in Section 7 of Appendix I to this Decree.

Article 62. Competence to appraise and recommend the award or posthumous award of the “Glorious Youth Volunteer Medal”

The competence to appraise and recommend the award or posthumous award of the “Glorious Youth Volunteer Medal” as prescribed in Clause 1, Article 4 of the Government’s Decree No. 28/2024/ND-CP dated March 6, 2024, detailing the order and procedures for the award and posthumous award of the “Glorious Youth Volunteer Medal” and commendation upon the completion of resistance-war achievements, shall be exercised as follows:

The Chairperson of the commune-level People’s Committee shall direct the appraisal of dossiers proposing the award or posthumous award of the “Glorious Youth Volunteer Medal” within the locality and submit them to the Chairperson of the provincial-level People’s Committee for consideration and recommendation for commendation as prescribed.

Article 63. Order and procedures for award or posthumous award of the “Glorious Youth Volunteer Medal”

The order and procedures for award and posthumous award of the “Glorious Youth Volunteer Medal” as prescribed at Point d, Clause 2, Article 8 of Decree No. 28/2024/ND-CP are set out in Section 8 of Appendix I to this Decree.

Chapter VI

DELINEATION OF POWERS IN THE ORGANIZATION OF TWO-TIER LOCAL ADMINISTRATIONS IN THE FIELDS OF YOUTH AFFAIRS, GENDER EQUALITY AND THE IMPLEMENTATION OF DEMOCRACY AT THE GRASSROOTS LEVEL

Article 64. Settlement of lump-sum allowances and monthly allowances

The procedures and time limits for settlement of lump-sum allowances and monthly allowances prescribed in Clause 5, Article 9 of the Government’s Decree No. 112/2017/ND-CP dated October 6, 2017, providing for regimes and policies applicable to grassroots youth volunteers in Southern Vietnam who participated in the resistance war during the 1965-1975 period (hereinafter referred to as Decree No. 112/2017/ND-CP), shall be implemented as follows:

Within 5 working days from the expiry of the period for public posting of the dossier review results, the commune-level People’s Committee shall consolidate and submit a report to the provincial-level People’s Committee (through the Department of Home Affairs, together with the applicant’s dossier, the joint meeting minutes, and the public notice of the dossier review results).

Article 65. Settlement of funeral allowances

The order and procedures for settlement of funeral allowances prescribed in Clause 2, Article 10 of Decree No. 112/2017/ND-CP shall be carried out in accordance with Section 9 of Appendix I to this Decree.

Article 66. Responsibilities of agencies, organizations and units organizing volunteer activities

The responsibilities of agencies, organizations and units organizing volunteer activities as prescribed at Point b, Clause 2, Article 17 of the Government’s Decree No. 17/2021/ND-CP dated March 9, 2021, providing for policies applicable to youth volunteers and volunteer youth, shall be as follows:

1. Before the commencement of a voluntary activity, submit the plan for organizing such activity to the commune-level People’s Committee of the locality where the activity is to take place.

2. Where a voluntary activity is conducted across the territories of two or more communes, submit the plan for organizing such activity to the provincial-level People’s Committee before its commencement.

Chapter VII

DELINEATION OF POWERS IN THE ORGANIZATION OF TWO-TIER LOCAL ADMINISTRATIONS IN THE FIELD OF LABOR, WAGES AND SOCIAL INSURANCE

Article 67. Registration of labor regulations

The specialized agency performing home affairs functions under the commune-level People’s Committee shall register labor regulations where authorized by the specialized agency performing home affairs functions under the provincial-level People’s Committee in accordance with Clause 5, Article 119 of the Labor Code.

Article 68. Strike decisions and notification of the strike commencement

At least 5 working days before the commencement of a strike, the employees’ representative organization that organizes and leads the strike shall send written notice of the strike decision to the employer, the commune-level People’s Committee, and the specialized agency performing home affairs functions under the provincial-level People’s Committee in accordance with Clause 3, Article 202 of the Labor Code.

Article 69. Notification of decisions on temporary closure of the workplace

At least 3 working days before the temporary closure of a workplace, the employer shall publicly post the decision on temporary workplace closure at the workplace and notify the commune-level People’s Committee of the locality where the workplace proposed to be closed is located, in accordance with Clause 3, Article 205 of the Labor Code.

Article 70. Handling of strikes conducted in contravention of the prescribed order and procedures

Within 12 hours of receiving notification of a strike that does not comply with Articles 200, 201 and 202 of the Labor Code, the Chairperson of the commune-level People’s Committee where the enterprise’s head office is located shall assume the prime responsibility for, and coordinate with the trade union at the same level and relevant agencies and organizations in, handling the strike in accordance with Article 211 of the Labor Code.

Article 71. Reporting on labor employment

The periodic reporting on labor-related changes as prescribed in Clause 2, Article 4 of the Government’s Decree No. 145/2020/ND-CP dated December 14, 2020, detailing and guiding the implementation of a number of articles of the Labor Code regarding working conditions and industrial relations (as amended and supplemented under Clause 1, Article 73 of the Government’s Decree No. 35/2022/ND-CP dated May 28, 2022, providing for the management of industrial parks and economic zones), shall be carried out as follows:

Every six months (before June 5) and annually (before December 5), employers shall submit reports on labor-related changes to the Department of Home Affairs via the National Public Service Portal, using Form No. 01/PLI in Appendix I to Decree No. 145/2020/ND-CP, and shall notify the regional social insurance agency of the locality where their head office, branch, or representative office is located. Where an employer is unable to submit reports on labor-related changes via the National Public Service Portal, it shall submit a paper report using Form No. 01/PLI in Appendix I to Decree No. 145/2020/ND-CP to the Department of Home Affairs and shall notify the regional social insurance agency of the locality where its head office, branch, or representative office is located. For employees working in industrial parks or economic zones, employers shall report labor-related changes to the Department of Home Affairs, the regional social insurance agency of the locality where their head office, branch, or representative office is located, and the Management Board of the industrial park or economic zone for monitoring purposes.

The Department of Home Affairs shall consolidate information on labor-related changes in case where employers submit paper reports, in order to ensure the full updating of information in reports made according to Form No. 02/PLI in Appendix I to Decree No. 145/2020/ND-CP.

Article 72. Responsibilities for management of domestic workers

The specialized agency performing home affairs functions under the commune-level People’s Committee shall disseminate and promote legal provisions relating to domestic workers; inspect and supervise the implementation of provisions on domestic workers within its locality in accordance with the guidance of the Department of Home Affairs; and designate a focal point to monitor, manage, inspect and supervise compliance with labor laws applicable to domestic workers within its area of administration, in accordance with Article 91 of Decree No. 145/2020/ND-CP.

Article 73. Appointment of labor mediators

1. The procedure for developing plans for selection and appointment of labor mediators as prescribed in Clause 1, Article 93 of Decree No. 145/2020/ND-CP shall be as follows:

a) In the first quarter of each year, the specialized agency performing home affairs functions under the commune-level People’s Committee shall review the demand for selection and appointment of labor mediators under its management, prepare a plan, and submit a report to the Department of Home Affairs before 31 March each year;

b) The Department of Home Affairs shall consolidate the plans of the specialized agencies performing home affairs functions under commune-level People’s Committees and its own plan to formulate a general plan for the entire province or centrally run city and submit it to the Chairperson of the provincial-level People’s Committee for approval.

2. The order and procedures for selection and appointment of labor mediators as prescribed in Clause 2, Article 93 of Decree No. 145/2020/ND-CP shall be as follows:

a) Based on the plan for selection and appointment of labor mediators approved by the Chairperson of the provincial-level People’s Committee, the Department of Home Affairs shall send the written notice the recruitment of labor mediators within the locality through the portals of relevant agencies and units and through the mass media, and to the specialized agencies performing home affairs functions under commune-level People’s Committees for coordinated implementation.

b) Within the application period specified in the Department of Home Affairs’ notice on selection of labor mediators, individuals may submit applications directly, or may be nominated by state agencies and units, political organizations, socio-political organizations, or other organizations to participate in the selection process for labor mediators by applying to the Department of Home Affairs or to the specialized agency performing home affairs functions under the commune-level People’s Committee.

Application dossier must comprise: An application for appointment as a labor mediator; curriculum vitae certified by a competent authority; health certificate issued by a competent health agency as prescribed by the Ministry of Health; copies from the original register, certified copies, or copies accompanied by the originals for verification of relevant diplomas, and certificates; letter of nomination for participation as a labor mediator issued by a relevant agency or organization (if any);

c) Within 5 working days from the expiry of the application submission period specified in the notice on selection of labor mediators, the specialized agency performing home affairs functions under the commune-level People’s Committee shall review qualified applicants, consolidate the results, and submit a report to the Department of Home Affairs for appraisal;

Within 10 days from receipt of the report from the specialized agency performing home affairs functions under the commune-level People’s Committee, the Department of Home Affairs shall appraise the application dossiers (including dossiers received directly by the Department of Home Affairs), select candidates, and prepare a list specifying the appointment positions of each labor mediator under the management of the Department of Home Affairs and the specialized agency performing home affairs functions under the commune-level People’s Committee, and submit such list to the Chairperson of the provincial-level People’s Committee for consideration and appointment;

d) Within 5 working days from receipt of the proposal from the Department of Home Affairs, the Chairperson of the provincial-level People’s Committee shall consider and decide on the appointment of labor mediators. The term of appointment of a labor mediator shall not exceed 5 years.

3. The Department of Home Affairs and the specialized agencies performing home affairs functions under commune-level People’s Committees shall publicly disclose, update and publish on their portals the full names, assigned areas of operation, telephone numbers and contact addresses of appointed and reappointed labor mediators, and shall announce such information through local mass media so that employees and employers may be informed and contact in accordance with Clause 4, Article 93 of Decree No. 145/2020/ND-CP.

Article 74. Dismissal of labor mediators

The Department of Home Affairs shall assume the prime responsibility for, and coordinate with the specialized agency performing home affairs functions under the commune-level People’s Committee in, reviewing and evaluating labor mediators, and shall submit proposals to the Chairperson of the provincial-level People’s Committee for consideration and dismissal of labor mediators in accordance with Point b, Clause 2, Article 94 of Decree No. 145/2020/ND-CP.

Article 75. Competence, order and procedures for assigning labor mediators

1. The Department of Home Affairs or specialized agency performing home affairs functions under the commune-level People’s Committee shall assign labor mediators in accordance with Clause 1, Article 95 of Decree No. 145/2020/ND-CP.

2. The order and procedures for assignment of labor mediators as prescribed in Clause 2, Article 95 of Decree No. 145/2020/ND-CP shall be as follows:

a) Applications requesting the settlement of labor disputes, disputes relating to vocational training contracts, or requests for support in developing labor relations shall be submitted to the Department of Home Affairs, the specialized agency performing home affairs functions under the commune-level People’s Committee, or labor mediator.

Where a labor mediator directly receives an application from a disputing party requesting settlement, the labor mediator shall, within 12 hours of receipt of the application, forward it to the Department of Home Affairs or the specialized agency performing home affairs functions under the commune-level People’s Committee managing that labor mediator for classification and processing.

b) Within 5 working days from receipt of the request, the Department of Home Affairs or the specialized agency performing home affairs functions under the commune-level People’s Committee shall classify and issue a written assignment of the labor mediator for settlement as prescribed.

Where an application is received from a labor mediator in accordance with Point a of this Clause, the Department of Home Affairs or the specialized agency performing home affairs functions under the commune-level People’s Committee shall, within 12 hours of receipt of the application, issue a written assignment of the labor mediator in accordance with Point b, Clause 2, Article 95 of Decree No. 145/2020/ND-CP.

3. The Department of Home Affairs or the specialized agency performing home affairs functions under the commune-level People’s Committee shall perform the duties prescribed in Clause 3, Article 95 of Decree No. 145/2020/ND-CP.

Article 76. Management of labor mediators

1. Chairperson of the provincial-level People’s Committee shall promulgate regulations on the management of labor mediators under the Department of Home Affairs and the specialized agencies performing home affairs functions under commune-level People’s Committees in accordance with Point b, Clause 2, Article 97 of Decree No. 145/2020/ND-CP.

2. Responsibilities of the specialized agencies performing home affairs functions under commune-level People’s Committees as prescribed in Clause 4, Article 97 of Decree No. 145/2020/ND-CP are as follows:

a) To manage labor mediators within the commune-level area in accordance with the decentralization;

b) To formulate and implement annual plans for selection and appointment of labor mediators in accordance with the decentralization;

c) To assign labor mediators to perform duties relating to dispute resolution and support for the development of labor relations in accordance with the decentralization; to ensure working conditions for labor mediators; to evaluate their performance and the extent to which they fulfill their duties; to implement remuneration, emulation and commendation regimes applicable to labor mediators; and to manage and maintain records of dispute resolution cases and other relevant documents;

d) To assign labor mediators to participate in professional training and capacity-building courses organized by the Ministry of Home Affairs and the Department of Home Affairs;

dd) Annually, to consolidate information on labor mediation activities within the locality and submit reports thereon to the Department of Home Affairs.

Article 77. Order and procedures for strike postponement

The order and procedures for postponement of a strike prescribed in Clause 2, Article 110 of Decree No. 145/2020/ND-CP shall be as follows:

Within 24 hours of receiving the report from the Director of the Department of Home Affairs, the Chairperson of the provincial-level People’s Committee shall consider and issue a decision on the strike postponement. Within 12 hours after issuing the decision, Chairperson of the provincial-level People’s Committee shall notify the Chairperson of the commune-level People’s Committee, President of the provincial Federation of Labor, Chairperson of the Labor Arbitration Council, grassroots-level employees’ representative organization that has the right to organize and lead the strike, and the employer at the workplace where the strike is expected to take place. The decision on the postponement of the strike issued by the Chairperson of the provincial-level People’s Committee shall take effect from the date of its signing.

Article 78. Responsibilities of Chairpersons of commune-level People’s Committees in the procedures for strike suspension

Responsibilities of the Chairperson of the commune-level People’s Committee in the procedures for strike suspension as prescribed in Article 111 of Decree No. 145/2020/ND-CP are as follows:

1. To consider and request the Chairperson of the provincial-level People’s Committee to decide on strike suspension, and concurrently send such request to the Director of the Department of Home Affairs in accordance with Clauses 1 and 2, Article 111 of Decree No. 145/2020/ND-CP.

2. To receive notice of the decision on strike suspension issued by the Chairperson of the provincial-level People’s Committee in accordance with Clause 3, Article 111 of Decree No. 145/2020/ND-CP.

3. To report the Chairperson of provincial-level People’s Committee on strike suspension results in accordance with Clause 5, Article 111 of Decree No. 145/2020/ND-CP.

Article 79. Settlement of employees’ interests upon strike postponement or suspension

Responsibilities of commune-level People’s Committees in the settlement of employees’ interests upon strike postponement or strike suspension, as prescribed in Article 112 of Decree No. 145/2020/ND-CP, are as follows:

1. To coordinate with the provincial-level Labor Federation, the grassroots-level employees’ representative organization having the right to organize and lead a strike, the employer where the strike has been postponed or suspended, and relevant agencies in supporting the parties in negotiation and conciliation to settle employees’ interests and other related disputes in accordance with Clause 1, Article 112 of Decree No. 145/2020/ND-CP.

2. To receive written notification from the grassroots-level employees’ representative organization having the right to organize and lead a strike when it resumes the organization of the strike in accordance with Clause 2, Article 112 of Decree No. 145/2020/ND-CP.

Chapter VIII

IMPLEMENTATION PROVISIONS

Article 80. Effect

1. This Decree takes effect from July 1, 2025.

2. This Decree ceases to be effective on March 01, 2027, except for the following cases:

a) The Ministry or ministerial-level agency reports to the Government with a proposal, and the National Assembly decides to extend the application period of all or part of this Decree;

b) In case laws, resolutions of the National Assembly, ordinances, resolutions of the National Assembly Standing Committee, decrees, resolutions of the Government, or decisions of the Prime Minister containing provisions on powers, state management responsibilities, order and procedures regulated by this Decree are adopted or promulgated from July 01, 2025, and take effect before March 01, 2027, and the corresponding provisions of this Decree cease to be effective from the date such legal documents take effect.

3. During the period in which the provisions of this Decree remain in effect, where the provisions on powers, state management responsibilities, order and procedures prescribed in this Decree differ from those set out in other relevant legal documents, the provisions of this Decree shall prevail.

Article 81. Transitional provisions and implementation responsibility

1. Provincial-level People’s Committees shall handle procedures for the dissolution of associations, social funds and charitable funds operating within the district-level jurisdiction after the termination of operations of district-level administrative units.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of People’s Committees of provinces and centrally-run cities, and related organizations and individuals shall implement this Decree.