Liên Minh Game Trực Tuyến Uy Tín Số 1 Hiện Nay 131/2025/NĐ-CP quy định phân định thẩm quyền của chính quyền địa phương 02 cấp trong lĩnh vực quản lý Nhà nước của Bộ Nông nghiệp và Môi trường

DECREE

ON DISTINCTION OF POWERS OF TWO-LEVEL LOCAL GOVERNMENTS IN FIELDS OF STATE MANAGEMENT UNDER THE MINISTRY OF AGRICULTURE AND ENVIRONMENT

Pursuant to the Law on Government Organization 2025;

Pursuant to the Law on Organization of Local Government 2025;

Pursuant to Resolution No. 190/2025/QH15 dated February 19, 2025, of the National Assembly, on resolution of certain issues related to the restructuring of the State organizational apparatus;

At the request of the Minister of Agriculture and Environment;

The Government hereby issues a Decree on distinction of powers of two-level local governments in fields of state management under the Ministry of Agriculture and Environment.

Chapter I

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Article 1. Scope

This a Decree provides for the distinction of powers of two-level local governments in fields of state management under the Ministry of Agriculture and Environment (excluding land); procedures for carrying out administrative procedures when distinguishing powers authority from district-level government to commune-level or provincial-level government.

Article 2. Rules for distinction of powers

1. Ensure compliance with the Constitution and the principles and regulations on the distinction of powers in the Law on Government Organization and the Law on Local Government Organization.

2. Ensure the clear distinction of tasks and powers between different levels of local government; ensure consistency with the tasks, powers, and capabilities of the agencies and individuals authorized to perform the assigned tasks and powers.

3. Ensure a clear distinction of powers between the People's Council, the People's Committee, and the President of the People's Committee; clearly distinguish the general powers of the People's Committee and the specific powers of the President of the People's Committee.

4. Clearly determine the content and scope of tasks and powers that local governments are authorized to decide on, organize, implement, and be responsible for the results of; avoid duplication and overlap in tasks and powers between different levels of local government and between agencies and organizations under local government.

5. Ensure the legal basis for the normal, continuous, and smooth operation of agencies; prevent work interruptions, overlaps, duplications, and omissions in functions, tasks, fields, and administrative divisions; meet local governance requirements; apply science, technology, innovation, and digital transformation.

6. Ensure human rights and civil rights; ensure openness and transparency, enable individuals and organizations’ access to information, exercising their rights and obligations, and following procedures as prescribed by law; do not affect the normal functioning of society, citizens, and businesses.

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8. Ensure uniformity in the organization and implementation of the Constitution and laws; ensure openness, transparency, accountability, and effective control of power, coupled with the responsibility of inspection, auditing, and supervision by superior state authorities.

9. Funding for the transfer of tasks shall be covered by the state budget as prescribed.

Article 3. Fees and charges for administrative procedures at all levels

Organizations and individuals performing administrative procedures are required to pay fees and charges as prescribed by law. These fees and charges shall be paid upon request to the receiving agency, except in cases exempted by law. Fee and charge payers may choose to pay in person, online through the National Public Service Portal, or through the Ministerial or Provincial administrative procedure information system. The fee and charge rates, management, and use of fees and charges shall comply with the regulations of the Government, the Minister of Finance, or the Provincial People's Council for the respective fees and charges.

Chapter II

DISTINCTION OF POWERS OF TWO-LEVEL LOCAL GOVERNMENTS

Section 1. CROP PRODUCTION AND PLANT PROTECTION

Article 4. Responsibilities of the commune level People's Committee

1. Organize the collection and processing of used pesticide packaging and the disposal of unclaimed pesticides in the commune as directed by the provincial People's Committee as specified in point d of clause 1 of Article 8 of the Law on Plant Protection and Quarantine.

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Section 2. ANIMAL HUSBANDRY AND VETERINARY

Article 5. Powers of the President of the Provincial People's Committee

1. Declare an outbreak of terrestrial animal disease when the outbreak occurs in the area of ​​two or more commune-level administrative divisions as prescribed in point b of clause 4 of Article 26 of the Law on Veterinary Medicine.

2. Declare the end of a terrestrial animal disease outbreak as prescribed in clause 2 of Article 31 of the Law on Veterinary Medicine.

Article 6. Powers of the commune-level People's Committee

1. Organize the management and development of animal husbandry in the commune; compile statistics, assess and provide compensation for losses to livestock facilities after natural disasters and outbreaks as prescribed in point c of clause 2 of Article 80 of the Law on Animal Husbandry.

2. Allocate funds and organize the prevention and control of animal diseases; compile statistics, assess, and provide compensation for losses to livestock and aquaculture farmers after animal disease outbreaks as specified in point c of clause 2 of Article 9 of the Law on Veterinary Medicine.

3. Allocate funds for handling animal disease outbreaks; direct relevant departments, committees, central authorities to identify animal disease outbreaks, announce them through local media, and provide guidance on the implementation of veterinary hygiene measures in animal husbandry, slaughter, transportation, and trading of animals and animal products as specified in clause 4 of Article 25 of the Law on Veterinary Medicine.

4. Manage the operation of centralized animal slaughter facilities; the preliminary processing, processing, transport, trading of animals and animal products, and veterinary hygiene in the area as specified in point b of clause 2 of Article 76 of the Law on Veterinary Medicine.

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6. Provide support for allocating land for the construction of livestock facilities for those relocated in accordance with point a of clause 2 of Article 7 of Decree No. 106/2024/ND-CP of the Government dated August 1, 2024, on policies to support improvement of animal husbandry efficiency.

Article 7. Powers of the President of commune-level Provincial People's Committee

1. Allocate land, lease land, and create land banks within his/her authority for the development of animal husbandry and the cultivation of feed crops as prescribed in point b of clause 2 of Article 80 of the Law on Animal Husbandry.

2. Declare an outbreak of terrestrial animal disease when the conditions for declaration are met and the outbreak occurs within the commune as prescribed in point a of clause 4 of Article 26 of the Law on Veterinary Medicine.

3. Declare the end of a terrestrial animal disease outbreak occurring within the commune as prescribed in clause 2 of Article 31 of the Law on Veterinary Medicine.

4. Submit request to the President of the provincial People's Committee for decision on financial support, supplies, and resources when the requirements for animal disease prevention and control exceed the local capacity as prescribed in point d of clause 4 of Article 27 and point d of clause 4 of Article 35 of the Law on Veterinary Medicine.

5. Implement policies to support the prevention and control of animal diseases, recovery from losses from animal diseases, and restore aquaculture in the commune in accordance with point d of clause 5 of Article 33 of the Law on Veterinary Medicine.

The procedures for implementation are specified in clause 1 of Article 9 of Decree No. 116/2025/ND-CP dated June 5, 2025 of the Government, on policies to support the recovery from losses from animal diseases.

6. Provide financial support for materials used in artificial insemination of livestock, including frozen semen, liquid nitrogen, gloves, and insemination tools for breeding female buffaloes and cows; Costs for semen doses used for artificial insemination of sows, and remuneration for those providing artificial insemination services for livestock (buffaloes, cattle) as specified in Clause 2 of Article 14 of Decree No. 106/2024/ND-CP.

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7. Make decision on approving financial support for training to transition from animal husbandry to other occupations; costs for individuals trained in artificial insemination techniques for livestock (buffaloes, cattle); costs of purchasing liquid nitrogen tanks for preserving semen for those providing artificial insemination services for livestock (buffaloes, cattle) under policies using non-business capital from state budget as specified in Clause 3, Article 14 of Decree No. 106/2024/ND-CP.

The procedures are specified in Section 2 of Appendix I attached hereto.

Section 3. FISHERIES AND FISHERIES RESOURCES SURVEILLANCE

Article 8. Powers of the commune-level Provincial People's Committee

1. Assign sea areas to Vietnamese individuals with registered dossiers when such individuals must transition from coastal fishing to aquaculture according to a decision of a competent state authority or are permanent residents whose main source of livelihood is income from aquaculture, as confirmed by the President of the People's Committee of the commune where they permanently reside, in accordance with point a of clause 2 of Article 44 of the Fisheries Law.

2. Recognize and assign management rights in protecting aquatic resources in the area under their management in accordance with point b of clause 2 of Article 10 of the Fisheries Law, and clause 2 of Article 5 of Decree No. 26/2019/ND-CP dated March 8, 2019 of the Government, on elaboration on and measures for the implementation of the Fisheries Law.

The procedures are specified in Section 1 of Appendix II attached hereto.

3. Amend decisions to recognize and assign management rights to community organizations in accordance with Clause 5 of Article 5 of Decree No. 26/2019/ND-CP.

The procedures are specified in Section 2 of Appendix II attached hereto.

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The procedures are specified in Article 61 of Decree No. 26/2019/ND-CP amended by Clause 32 of Article 1 of Decree No. 37/2024/ND-CP dated April 4, 2024 of the Government.

5. Fulfill the responsibility for cooperating with provincial state regulatory authority on fisheries in organizing the handling of endangered, rare, and precious aquatic species that have died and must not be kept, preserved, or processed into specimens for research, dissemination, and education purposes, in accordance with customs and regulations of laws on veterinary medicine, environmental protection, and animal and plant quarantine in accordance with Clause 8 of Article 8 of Decree No. 26/2019/ND-CP amended by Decree No. 37/2024/ND-CP.

6. Assess beneficiaries of support policy in accordance with Clause 2 of Article 10 of Decree No. 67/2014/ND-CP dated July 7, 2014 of the Government, on some policies for fisheries development amended by Clause 16 of Article 1 of Decree No. 17/2018/ND-CP dated February 2, 2018 of the Government.

7. The President of the People's Committee of the special zone shall act as a member of the Management Board of the Khanh Hoa Fisheries Development Support Fund in accordance with Clause 3 of Article 5 of Decree No. 11/2023/ND-CP dated April 13, 2023 of the Government, on the establishment and operational regulations of the Khanh Hoa Fisheries Development Support Fund.

Section 4. FORESTRY AND FOREST RANGERS

Article 9. Responsibilities of the provincial People's Committee

Direct the Commune-level People's Committee to carry out the liquidation of planted forests in accordance with point a of clause 3 of Article 13 of Decree No. 140/2024/ND-CP dated October 25, 2024 of Government, on the liquidation of planted forests.

Article 10. Powers of the President of the Provincial People's Committee

1. Mobilize, coordinate, and assign forces, vehicles, equipment/devices, tools, supplies, and resources for forest fire fighting; ensure the necessary conditions for forest fire fighting.

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2. Make decisions on the allocation of funds from the local budget and other legitimate financial sources annually to ensure forest fire prevention and fighting activities in the area in accordance with the law.

Article 11. Powers of the commune-level People's Council

1. Approve the plan for using forest environmental service funds, and review and approve the statement report of such funds of the commune-level People's Committee in accordance with Clause 4, Article 70 and Point g, Clause 4, Article 71 of Decree No. 156/2018/ND-CP dated November 16, 2018 of the Government, elaborating the Forestry Law amended by Decree No. 91/2024/ND-CP dated July 18, 2024 of the Government.

2. Approve the annual financial plan and statement report of the commune-level People's Committee in accordance with points d and e of Clause 3 of Article 9, and points d of Clause 1 and d, Clause 2 of Article 12 of Decree No. 107/2022/ND-CP dated December 28, 2022 of the Government, on piloting transfer of emissions reductions (ERs) and financial management under emissions reduction payment agreement in North Central Region.

Article 12. Powers of the commune-level People's Committee

1. Conduct forest classification and forest boundary delimitation in the commune in accordance with point c of Clause 2 of Article 102 of the Forestry Law.

2. Conduct forest surveys, forest inventories, and monitoring of forest changes in the commune in accordance with point e of Clause 2 of Article 102 of the Forestry Law.

3. Develop a project for land and forest allocation for areas of forest not yet allocated or leased in accordance with point h of clause 2 of Article 102 of the Forestry Law.

4. Develop a plan for forest reclassification for forest areas owned by households, individuals, and local communities in accordance with clause 1 of Article 39 of Decree No. 156/2018/ND-CP amended by Decree No. 91/2024/ND-CP.

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6. Receive applications for investment credit support for large-timber forest planting from forest owners who are households or individuals as stipulated in Point d of Clause 2 of Article 15 of Decree No. 58/2024/ND-CP.

7. Provide funding to support the development of sustainable forest management plans and issue sustainable forest management certificates to forest owners who are households, individuals, and local communities, as specified in point b, clause 4, Article 16 of Decree No. 58/2024/ND-CP.

8. Prepare a site inspection report to determine the cause and extent of forest damage for the liquidation of planted forests as specified in clauses 1 and 5 of Article 10 of Decree No. 140/2024/ND-CP dated October 25, 2024 of the Government, on the liquidation of planted forests.

Article 13. Powers of the President of the commune-level People's Committee

1. Approve requests for timber production in production forests that are natural forests for forest owners who are households, individuals, and local communities as specified in point b, clause 1, Article 58 of the Forestry Law.

The procedures are specified in Section 1 of Appendix III attached hereto.

2. Allocate forests to households, individuals, and local communities as specified in clause 2, Article 23 and point d of clause 2 of Article 102 of the Forestry Law, and clause 1 of Article 36 of Decree No. 156/2018/ND-CP amended by Decree No. 91/2024/ND-CP.

The procedures shall comply with the Government's regulations on the distinction of powers of two-level local governments, and the delegation and devolvement of powers in the field of land.

3. Leasing out forests to households and individuals as specified in Clause 2 of Article 23 and Point d of Clause 2 of Article 102 of the Forestry Law, and Clause 3 of Article 36 of Decree No. 156/2018/ND-CP.

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4. Reclaim forest in accordance with Clause 2 of Article 23 of the Forestry Law amended by Article 248 of the Land Law 2024; Clause 3 of Article 23; Point d of Clause 2, of Article 102 of the Forestry Law; Clauses 1, 2, 3, and 4 of Article 43 of Decree No. 156/2018/ND-CP amended by Decree No. 91/2024/ND-CP.

The procedures shall be carried out in accordance with the Government's regulations on the distinction of powers of two-level local governments, and the delegation and devolvement of powers in the field of land.

5. Repurpose forest land for individuals in accordance with Clause 2 of Article 23 of the Forestry Law, amended by Point b of Clause 6 of Article 248 of the Land Law, Point d of Clause 2 of Article 102 of the Forestry Law; Clause 2 of Article 41b and Article 42 of Decree No. 156/2018/ND-CP amended by Decree No. 91/2024/ND-CP.

The procedures are specified in Section 3 of Appendix III attached hereto.

6. Organize the appraisal of design and cost estimates for silviculture works or the appraisal of adjustments to the design and cost estimates of silviculture works using public investment capital as prescribed in point d of clause 1 of Article 31 and Article 33 of Decree No. 58/2024/ND-CP dated May 24, 2024, on some investment policies in forestry.

The procedures are specified in Section 4 of Appendix III attached hereto.

7. Organize periodic and sudden inspections of forest fire safety as prescribed in point b of clause 3 of Article 50 of Decree No. 156/2018/ND-CP.

8. Mobilize, coordinate, and assign forces, vehicles, devices, equipment, tools, materials, and resources for forest fire fighting; ensuring conditions for firefighting.

When the person in charge of directing and commanding forest firefighting as specified in Clause 1 of Article 10 hereof is not present, the President of the commune-level People's Committee or the authorized person present at the scene of the fire shall be the person in charge of directing and commanding forest firefighting.

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Article 14. Addressing certain issues related to the distinction of powers

1. Plans for forest allocation, forest leasing, and forest repurposing

a) Plans for forest allocation, forest leasing, and forest repurposing of the commune-level People's Committee shall be approved by the provincial People's Committee in accordance with Clause 1, Article 15 of the Forestry Law amended by Clause 2 of Article 248 of the Land Law.

b) The content of the Plan for forest allocation, forest leasing, and forest repurposing shall be implemented in accordance with Clause 2 of Article 35 of Decree No. 156/2018/ND-CP amended by Decree No. 91/2024/ND-CP.

Adjustments to forest allocation, forest leasing, and forest repurposing may only be made due to adjustments to plans at the immediate higher level that change the structure of forest types (special-use forests, protection forests, production forests) at the commune level; due to the establishment, merger, full division, partial division, or adjustment of local administrative divisions; or due to the impact of natural disasters or environmental incident response that changes the purpose of the forest; due to changes in resources for plan implementation, formation of key projects serving national and public interests, and changes in forest use orientation as specified in point a of clause 5 of Article 35 of Decree No. 156/2018/ND-CP amended by Decree No. 91/2024/ND-CP.

2. Forest fire safety plans prepared by the organization or commune-level People's Committee must be submitted to the Forest Ranger Station and/or commune-level Police authority for comments as specified in clause 2 of Article 45 of Decree No. 156/2018/ND-CP.

Section 5. IRRIGATION

Article 15. Powers of the President of the Provincial People's Committee

1. Approve the disaster response plan for works and downstream areas of dams during the construction of dams, reservoirs, and downstream areas of dams in the area covering two or more communes as specified in point b of clause 5 of Article 7 of Decree No. 114/2018/ND-CP dated September 4, 2018 of the Government, on the management of dam and reservoir safety.

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2. Approve the disaster response plan for works and downstream areas of dams during the construction of dams, reservoirs, and downstream areas of dams in the area covering two or more communes as specified in point b of clause 5 of Article 7 of Decree No. 114/2018/ND-CP.

The procedures are specified in Section 2 of Appendix IV attached hereto.

Article 16. Powers of the commune-level People's Committee

1. Manage irrigation works as prescribed in point b of clause 1 of Article 21 of the Law on Irrigation.

2. Approve plans for protecting irrigation works as prescribed in point b of clause 3 of Article 41 of the Law on Irrigation.

3. Develop plans and implementing the dismantling or relocation of works as prescribed in clause 3 of Article 48 of the Law on Irrigation.

4. Perform state management tasks regarding irrigation as prescribed in clause 2 of Article 57 of the Law on Irrigation.

5. Receive declarations and registrations for safety of small irrigation dams and reservoirs in the commune, compiling reports to the Department of Agriculture and Environment as prescribed in point a of clause 3 of Article 10 of Decree No. 114/2018/ND-CP.

6. Provide comments on the draft procedures for operating water reservoirs in the commune as specified in point b of clause 4 of Article 12 of Decree No. 114/2018/ND-CP.

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8. Appoint representatives to participate in the Provincial Dam and Reservoir Safety Assessment Advisory Council in accordance with point b of clause 6 of Article 17 of Decree No. 114/2018/ND-CP.

Article 17. Powers of the President of the commune-level People's Committee

1. Approve and publicly announce the procedures for operating large and medium-sized irrigation works delegated by the Provincial People's Committee as specified in point b of clause 3 of Article 24 of the Law on Irrigation.

The procedures are specified in Section 3 of Appendix IV attached hereto.

2. Approve and publicly announce the procedures for operating irrigation reservoirs in the commune in accordance with point c of clause 7 of Article 12 of Decree No. 114/2018/ND-CP.

The procedures are specified in Section 4 of Appendix IV attached hereto.

3. Approve the outline and results of the inspection of safety of irrigation dams and reservoirs in accordance with point c of clause 2 of Article 19 of Decree No. 114/2018/ND-CP.

The procedures are specified in Section 5 of Appendix IV attached hereto.

4. Approve the plan for protection of dams and reservoirs in the commune delegated by the Provincial People's Committee in accordance with point c of clause 5 of Article 23 of Decree No. 114/2018/ND-CP.

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5. Approve the plan for marking the boundary in the commune delegated by the Provincial People's Committee in accordance with point d of clause 4 of Article 24 of Decree No. 114/2018/ND-CP.

The procedures are specified in Section 7 of Appendix IV attached hereto.

Section 6. DIKE MANAGEMENT AND DISASTER MANAGEMENT

Article 18. Powers of the commune-level People's Committee

1. Organize the management, protection, repair, upgrading, and reinforcement of dikes and dike maintenance in the commune; implement the dike system development plan and flood control plan for river sections with dikes in the commune in the provincial planning, investment plan for construction, repair, upgrading, reinforcement, protection, and use of dikes and dike maintenance; compile and manage information and data on dikes within the commune; mobilize forces, materials, and equipment/devices to protect dikes and recover from the consequences of floods, storms, and other natural disasters on dikes in accordance with Clause 2 of Article 43 of the Law on Dikes amended by the Law amending Law on Disaster Management and the Law on Dikes.

2. Encourage donation, receive and allocate resources for emergency relief and medium-term support in accordance with point c of clause 2 of Article 33 of the Law on Disaster Management amended by the Law amending the Law on Disaster Management and the Law on Dikes.

3. Fulfill the responsibilities for Disaster Management in accordance with clause 1 of Article 43 of the Law on Disaster Management.

4. Ensure funding for the implementation of benefits and policies for the commune-level Disaster Management front lines for those not covered by health insurance is they are ill, injured, or wounded in accordance with clause 6, Article 35 of Decree No. 66/2021/ND-CP dated July 6, 2021 elaborating the Law on Disaster Management and the Law amending the Law on Disaster Management and the Law on Dikes.

5. Organize the assessment and make decision on support within its authority or compile reports for the Provincial People's Committee in accordance with point b of clause 2 of Article 6 of Decree No. 9/2025/ND-CP dated January 10, 2025 of the Government, on policies on support for agricultural production for revival of production of areas suffering from losses caused by natural disasters and plant diseases.

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7. Compile a list of subjects specified in points i and k of Clause 1 and Clause 2 of Article 13 of Decree No. 78/2021/ND-CP and submit it to the President of the Provincial People's Committee for decision on exemption, reduction, or postponement of contributions to the Disaster Management Fund in accordance with Clause 1 of Article 14 of Decree No. 78/2021/ND-CP.

8. Develop a plan for collection of contributions to the Disaster Management Fund at the commune in accordance with Clauses 6 and 7 of Article 15 of Decree No. 78/2021/ND-CP.

9. Propose the need for support from the Provincial disaster prevention and control fund in accordance with Clause 3, Article 17 of Decree No. 78/2021/ND-CP amended by Decree No. 63/2025/ND-CP dated March 5, 2025 of the Government.

10. Transfer at least 72% of the contributions collected in the commune to the provincial fund's account in accordance with Point a, Clause 2 of Article 16 of Decree No. 78/2021/ND-CP.

11. Publicize the collection results and the list of domestic and foreign business organizations that have contributed to the fund in the commune in accordance with Clause 3 of Article 20 of Decree No. 78/2021/ND-CP.

Article 19. Powers of the President of the commune-level People's Committee

1. Mobilize forces, materials, and equipment/devices for dike maintenance in accordance with point b of clause 2 of Article 35; make decision on the temporary use of land in accordance with point d of clause 2 of Article 35 of the Law on Dikes amended by the Law amending the Law on Disaster Management and the Law on Dikes.

2. Mobilize resources to serve disaster response activities in accordance with clause 1 of Article 28 of the Law on Disaster Management amended by the Law amending the Law on Disaster Management and the Law on Dikes.

3. Respond to level-1 disaster risks in accordance with clauses 3, 4, and 5 of Article 7; respond to level-2 disaster risks in accordance with clause 3 of Article 8; respond to level-3 disaster risks in accordance with clause 5 of Article 9; respond to level-4 natural disasters in accordance with Clause 6 of Article 10 of Decree No. 66/2021/ND-CP dated July 6, 2021 of the Government, elaborating the Law on Disaster Management and the Law amending the Law on Disaster Management and the Law on Dikes.

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The procedures are specified in Section 1 of Appendix V attached hereto.

5. Receiving, preparing dossiers, and submitting them to the President of the Provincial People's Committee for decision on accident benefits provided in the case of whole person impairment of 5% or more or death for members of the commune-level disaster management front lines in accordance with point b of clause 4 of Article 35 of Decree No. 66/2021/ND-CP.

The procedures are specified in Section 2 of Appendix V attached hereto.

6. Allocate land and arrange housing for households needing relocation; make decisions on the mobilization of funds, forces, equipment/devices, materials, and relevant organizations and individuals according to the authority specified in Clause 3 of Article 19 of Decree No. 66/2021/ND-CP.

7. Make decisions on the exemption of contributions for subjects specified in Clause 2 of Article 14 of Decree No. 78/2021/ND-CP amended by Decree No. 63/2025/ND-CP dated March 5, 2025.

Article 20. Addressing certain issues related to the distinction of powers

1. The commune-level disaster management plan developed by the commune-level People's Committee shall include the contents as stipulated in Clauses 2 and 3 of Article 15 of the Law on Disaster Management amended by the Law amending the Law on Disaster Management and the Law on Dikes.

2. Agencies, organizations, and individuals specified in Clauses 1 and 2 of Article 15 of Decree No. 78/2021/ND-CP amended by Decree No. 63/2025/ND-CP shall transfer the contributions to Disaster Prevention and Control Fund collected to the account of the provincial Disaster Prevention and Control Fund or the commune-level account authorized by the provincial People's Committee.

Section 7. WATER RESOURCES

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Collect comments on water resource extraction projects in accordance with Clauses 1, 4, and 5 of Article 3 of Decree No. 54/2024/ND-CP dated May 16, 2024 of the Government, on groundwater drilling practicing, water resource-related declaration, registration, licensing and services and fees for water resource extraction right.

The procedures are specified in Section 1 of Appendix VI attached hereto.

Article 22. Powers of the commune-level People's Committee

1. Organize response to and recover from consequences of water source pollution incidents; monitor, detect, and participate in resolving water source pollution incidents within its authority; implement measures to prevent, control, and recover from damage caused by water in accordance with point b of clause 2 of Article 80 of the Law on Water Resources.

2. Periodically compile and report to the Provincial People's Committee on the extraction of groundwater by households for domestic use in accordance with point d of clause 3 of Article 80 of the Law on Water Resources.

3. Cooperate with the Department of Agriculture and Environment in providing comments on the establishment and adjustment of the List of water sources requiring protection corridors in the commune in accordance with point a of clause 3 and clause 4 of Article 26 of Decree No. 53/2024/ND-CP elaborating the Law on Water Resources.

4. Cooperate with the Department of Agriculture and Environment in determine the boundary markers of the water source protection corridor on cadastral maps and land use status maps in accordance with Clause 1 of Article 27 of Decree No. 53/2024/ND-CP.

5. Cooperate with the organization managing and operating the hydropower reservoir in developing a plan for marking the boundary of the water source protection corridor of the reservoir in accordance with Clause 3 of Article 28 of Decree No. 53/2024/ND-CP.

6. Provide opinions on the plan for marking the boundary of the water source protection corridor in accordance with point b of clause 4 of Article 28 of Decree No. 53/2024/ND-CP.

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8. Cooperate with the Department of Agriculture and Environment in submitting to the plan for marking the boundary of the water source protection corridor in the commune the Provincial People's Committee for approval in accordance with Clause 2 of Article 29 of Decree No. 53/2024/ND-CP.

9. The People's Committee of the commune whose area falls within the prohibited or restricted groundwater extraction zone shall provide opinions on the dossier on approval of the prohibited or restricted groundwater extraction zone and the plan and roadmap for organizing the implementation of the prohibition or restriction of groundwater extraction in accordance with Point b of Clause 2 of Article 38 of Decree No. 53/2024/ND-CP.

10. Cooperate with the Department of Agriculture and Environment in compiling a list of lakes, ponds, swamps, and lagoons that are not allowed to be filled in within the province and provide opinions on such list in accordance with point a of clause 2 of Article 57 of Decree No. 53/2024/ND-CP.

11. Propose and provide opinions on removing lakes, ponds, swamps, and lagoons from the list of lakes, ponds, swamps, and lagoons within the province that are not allowed to be filled in, in accordance with point a of clause 3 of Article 58 of Decree No. 53/2024/ND-CP.

12. Fulfill the responsibilities for state management in accordance with Clause 3 of Article 31 and Clause 3 of Article 95 of Decree No. 53/2024/ND-CP; and Clause 4 of Article 57 of Decree No. 54/2024/ND-CP.

Article 23. Powers of the President of the commune-level People's Committee

Organizations registering for groundwater extraction must comply with Clause 3 of Article 53 of the Law on Water Resources and Clause 3 of Article 15 of Decree No. 54/2024/ND-CP.

The procedures are specified in Section 2 of Appendix VI attached hereto.

Article 24. Addressing certain issues related to the distinction of powers

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2. The water level extraction limit for porous aquifers in administrative divisions in the Red River Delta region shall not exceed 35 m, for porous aquifers in the Southeast region shall not exceed 40 m, and in the Mekong Delta region shall not exceed 35 m in accordance with points a and b of clause 2 of Article 32 of Decree No. 53/2024/ND-CP.

3. The public disclosure of information in accordance with Clause 1 of Article 4 of Decree No. 54/2024/ND-CP shall be carried out in the following forms:

a) Publication on mass media and the website of the Provincial People's Committee;

b) At least 60 days before the commencement of construction and throughout the construction process, the organization or individual investing in the project must publicly post the information at the Commune-level People's Committee and at the construction site.

Section 8. ENVIRONMENT

Article 25. Powers of the commune-level People's Committee

1. Invest in the construction of environmental protection infrastructure for industrial clusters in accordance with point a of clause 5 of Article 52 of the Law on Environmental Protection if investors on construction and commercial operation of industrial cluster infrastructure are not available.

2. Claim compensation for damages and organize the collection and assessment of data and evidence to determine environmental damage caused by pollution and degradation within at least 02 communes; organize the collection and assessment of data and evidence to determine environmental damage caused by pollution and degradation at the request of the commune-level People's Committee in accordance with points a and b of clause 2 of Article 131 of the Law on Environmental Protection

3. Receive reports on craft villages and approve environmental protection plans for craft villages submitted by the commune-level People's Committees in accordance with Clause 2 of Article 33 and Point a of Clause 5 of Article 35 of Decree No. 08/2022/ND-CP dated January 10, 2022 of the Government, elaborating the Law on Environmental Protection.

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1. Issue environmental licenses in accordance with Clause 4 of Article 41 of the Law on Environmental Protection for investment projects and facilities belonging to groups I, II, and III in accordance with Appendices III, IV, and V issued with Decree No. 08/2022/ND-CP amended by Decree No. 05/2025/ND-CP dated January 6, 2025 of the Government, which requires the preparation of an application for an environmental license in accordance with Article 39 of the Law on Environmental Protection when one of the following cases applies:

a) There is a discharge of domestic wastewater into the environment that must be treated, with a total flow rate of 50 m3/day or more;

b) Industrial wastewater discharged into the environment must be treated in case of facilities or projects classified as posing a risk of environmental pollution in accordance with Appendix II of Decree No. 08/2022/ND-CP (amended by Decree No. 05/2025/ND-CP). Livestock farming and slaughtering of livestock and poultry shall comply with the regulations in point c of this clause;

c) There is industrial wastewater discharged into the environment must be treated with a total flow rate of 10 m3/day or more;

d) There is domestic and industrial wastewater discharged into the environment must be treated as stipulated in points a and c of this clause with a total flow rate of 50 m3/day or more;

dd) Exhaust gas emissions discharged into the environment must be treated with a total flow rate of 2,000 m3/hour or more upon official operation;

e) There is a regular generation of hazardous waste with a total volume of 100 kg/month or more, or 1.00 kg/year or more, and there is wastewater or exhaust gas that must be treated before being discharged into the environment during operation.

2. Renewal, adjustment, re-issuance, and revocation of environmental licenses in accordance with point b of clause 2 of Article 168 of the Law on Environmental Protection.

The procedures, and related documents for exercising the authority and tasks stipulated in Clauses 1 and 2 of this Article shall be implemented in accordance with the provisions of Articles 43 and 44 of the Law on Environmental Protection and Articles 29 and 30 of Decree No. 08/2022/ND-CP dated January 10, 2022 amended by Clauses 11 and 12 of Article 1 of Decree No. 05/2025/ND-CP dated January 6, 2025.

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Allocate funds for environmental protection tasks according to the current budget level as specified in point h of clause 2 of Article 168 of the Law on Environmental Protection.

Article 28. Powers of the commune-level People's Committee

1. Compile a list of industrial clusters without centralized wastewater collection, drainage, and treatment systems in the commune and report to the Provincial People's Committee in accordance with point b of clause 5 of Article 52 of the Law on Environmental Protection.

2. Consolidate budget needs for environmental protection activities in craft villages in accordance with point a of clause 5 of Article 56 of the Law on Environmental Protection.

3. Direct and implement environmental protection models for craft villages; invest in the construction and operation of solid waste collection and treatment models and on-site wastewater treatment systems that meet environmental protection requirements, which are funded by the State from the budget for construction and environmental protection, and contributions of organizations and individual in accordance with point b of clause 5 of Article 56 of the Law on Environmental Protection.

4. Manage production, business operation and service provision in accordance with environmental protection regulations according to the approved planning; manage waste collection and treatment within the commune; invest in and upgrade systems for wastewater drainage and treatment systems, solid waste collection and treatment in rural areas; organize monitoring and assessment of changes in environmental quality; zone, deal with, improve, renovate and remediate environment in polluted points and areas in rural areas in accordance with point b of clause 2 of Article 58 of the Law on Environmental Protection.

5. Report to the same-level People's Council and the provincial People's Committee on environmental protection in the commune in the previous year before January 31st in accordance with point a of clause 1 of Article 118 of the Law on Environmental Protection.

6. Announce environmental incidents in accordance with clause 2 of Article 125 of the Law on Environmental Protection.

7. Organize surveys and assessments of the current environmental situation and direct the implementation of environmental restoration plans for environmental incidents at the commune in accordance with point a of clause 2 of Article 126 and clause 4 of Article 127 of the Law on Environmental Protection; direct the implementation of environmental renovation and remediation after waste incidents in the commune in accordance with point a of clause 2 of Article 13 of Decision No. 11/2025/QD-TTg dated April 23, 2025 of the Prime Minister, issuing the Regulations on responding to waste incidents.

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9. Issue plans for responding to environmental incidents in accordance with Clause 2 of Article 127 of the Law on Environmental Protection.

10. Claim compensation for environmental damage caused within areas under its management; request the provincial People’s Committee to organize collection and verification of data and evidence to determine environmental damage caused by pollution or degradation in accordance with Point a of Clause 2 of Article 131 of the Law on Environmental Protection.

11. Provide guidance for and inspecting investors operating industrial cluster infrastructure and business owners within industrial clusters in accordance with point a of clause 4 of Article 49 of Decree No. 08/2022/ND-CP dated January 10, 2022 of the Government, elaborating the Law on Environmental Protection.

12. Handling or cooperation in processing of investment procedures, request competent authorities to consider whether new projects or operating projects with increased capacity which generate wastewater in the centralized area for production, business operation and service provision conform to the requirements for environmental protection in accordance with point b of clause 4 of Article 49 of Decree No. 08/2022/ND-CP

13. Publicize the commune-level environmental incident response plan on the website of the commune-level People's Committee and send it to relevant agencies in the commune and the immediate superior authority in accordance with Clause 2 of Article 110 of Decree No. 08/2022/ND-CP.

Article 29. Powers of the President of the commune-level People's Committee

1. Receive environmental license applications for projects and facilities subject to the regulations in Clause 4 of Article 41 of the Law on Environmental Protection, except for cases specified in Clause 1 of Article 26 hereof.

2. Direct emergency response, mobilize resources, equipment and vehicles and appoint a commander and spokesman to respond to the emergency occurring within the commune in accordance with Point b of Clause 4 of Article 125 of the Law on Environmental Protection; direct emergency response, mobilize resources, equipment and vehicles and appoint a commander and spokesman to respond to the emergency occurring within the commune in accordance with the Regulation on responses to waste-related emergencies issued together with Decision No. 11/2025/QD-TTg dated April 23, 2025 of the Prime Minister.

3. Establish teams for unannounced, sudden inspection in accordance with point e, clause 2, Article 163 of Decree No. 08/2022/ND-CP.

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5. Establish working teams for determination of the causes of commune-level emergencies immediately after their occurrence in accordance with point a of clause 1 of Article 9 of the Regulation on responses to waste-related emergencies issued together with Decision No. 11/2025/QD-TTg.

Article 30. Addressing certain issues related to the distinction of powers

1. Environmental incidents specified in Clause 1 of Article 123 of the Law on Environmental Protection include the following levels: grassroots-level environmental incidents, commune-level environmental incidents, provincial environmental incidents, and national environmental incidents.

2. A commune-level environmental incident is an environmental incident that exceeds the scope of a grassroots-level incident and involves pollution and environmental degradation within the territory of a commune-level administrative unit.

3. A commune-level waste incident is an environmental incident caused by leakage, spillage, or dispersion of waste during the generation, collection, storage, transfer, transport, preliminary processing, treatment, co-processing, recycling, energy recovery, or disposal of waste within the territory of a commune-level administrative unit.

Section 9. NATURE CONSERVATION AND BIODIVERSITY

Article 31. Powers of the commune-level People's Committee

1. Appoint a representative to participate as a member of the Council for Appraisal of the project on the establishment of a provincial wetland conservation area in accordance with point b of clause 1 of Article 14 of Decree No. 66/2019/ND-CP dated July 29, 2019 of the Government, on the conservation and sustainable use of wetlands.

2. Appoint a representative to participate as a member of the Council for Appraisal of the project on the establishment of a provincial natural heritage site in accordance with point a of clause 5 of Article 19 of Decree No. 08/2022/ND-CP dated January 10, 2022 of the Government, elaborating the Law on Environmental Protection.

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Decide the self-defense plans to protect the lives of the people and limit harm to wild animals in accordance with Clause 3 of Article 10 of Decree No. 160/2013/ND-CP dated November 12, 2013 of Vietnam, on criteria for identifying species and policies for management of species on the List of endangered, precious and rare species prioritized for protection.

Section 10. METEOROLOGY AND HYDROLOGY

Article 33. Responsibilities of the commune level People's Committee

1. Supervise the compliance with the law, assess and use meteorological and hydrological forecasts and warnings to serve socio-economic development and disaster management in the commune in accordance with points a and b of Clause 2 of Article 53 of the Law on Meteorology and Hydrology.

2. Receiving disaster warning and forecast information from the provincial People's Committee and the Provincial Civil Defense Command in accordance with Clause 3 of Article 60 of Decision No. 18/2021/QD-TTg dated April 22, 2021, of the Prime Minister on forecasting, warning, and disseminating information on natural disasters and disaster risk levels.

Section 11. MARINE AND ISLAN AFFAIRS

Article 34. Powers of the commune-level People's Committee

1. Organize response to and remediate oil and toxic chemical spills at sea; monitor, detect, and participate in resolving incidents causing marine environmental pollution, coastal erosion, and landslides in accordance with point d of clause 2 of Article 74 of the Law on Marine and Island Resources and Environment.

2. Manage and protect the coastal protection corridor in accordance with clause 2 of Article 43 of Decree No. 40/2016/ND-CP dated May 15, 2016 of the Government, elaborating the Law on Marine and Island Resources and Environment.

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4. Managing activities using sea areas for aquaculture in accordance with Article 41 of Decree No. 11/2021/ND-CP amended by Decree No. 65/2025/ND-CP.

Article 35. Powers of the President of the commune-level People's Committee

1. Member of the Council for program for integrated management of natural resources in coastal zones within a province or centrally affiliated city in accordance with point b, clause 3, Article 16 of Decree No. 40/2016/ND-CP dated May 15, 2016 of the Government, elaborating the Law on Marine and Island Resources and Environment.

2. Make decision to assign sea areas to Vietnamese individuals for aquaculture in accordance with Clause 4 of Article 8 of Decree No. 11/2021/ND-CP amended by Decree No. 65/2025/ND-CP.

The procedures are specified in Section 1 of Appendix VII attached hereto.

3. Recognize sea areas for Vietnamese individuals for aquaculture in accordance with Clause 5 of Article 8 of Decree No. 11/2021/ND-CP amended by Decree No. 65/2025/ND-CP.

The procedures are specified in Section 2 of Appendix VII attached hereto.

4. Extending the term of sea areas for Vietnamese individuals for aquaculture in accordance with Clause 5 of Article 8 of Decree No. 11/2021/ND-CP amended by Decree No. 65/2025/ND-CP.

The procedures are specified in Section 3 of Appendix VII attached hereto.

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The procedures are specified in Section 4 and Section 5 of Appendix VII attached hereto.

6. Amend the decision to assign sea areas to Vietnamese individuals for aquaculture in accordance with Clause 5 of Article 8 of Decree No. 11/2021/ND-CP amended by Decree No. 65/2025/ND-CP.

The procedures are specified in Section 6 of Appendix VII attached hereto.

7. Reclaim sea areas for Vietnamese individuals for aquaculture in accordance with Clause 5 of Article 8 of Decree No. 11/2021/ND-CP amended by Decree No. 65/2025/ND-CP.

Article 36. Addressing certain issues related to the distinction of powers

1. Coastal land is the mainland area of ​​communes/special zones with sea as defined in Resolution No. 139/2024/NQ-QH dated June 28, 2024 of the National Assembly on the national marine spatial planning for the period 2021-2030, with a vision to 2050.

2. The phrase “The island with the largest area in the special zone” shall replace the phrase “the island with the largest area of the island district/island” in Clause 3 of Article 3 of Decree No. 11/2021/ND-CP, point b of Clause 1 of Article 1, point a of Clause 2 of Article 2, point b of Clause 3 of Article 2, Clause 29 of Article 2, point b of Clause 4 of Article 5 of the Decree No. 65/2025/ND-CP dated March 12, 2025 of the Government, amending Decree No. 40/2016/ND-CP and Decree No. 11/2021/ND-CP.

3. The phrase "special zone" shall replace the phrase "island district" in Decree No. 11/2021/ND-CP amended by Decree No. 65/2025/ND-CP, and Resolution No. 139/2024/NQ-QH.

Section 12. TOPOGRAPHY AND CARTOGRAPHY

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Inspect and impose penalties for violations against the law, resolve complaints and denunciations regarding topography and cartography within its authority; participate in the management of topographic markers according to the delegation of powers of the Provincial People's Committee; manage other state affairs related to topography and cartography according to the delegation or authorization of the superior state regulatory authority in accordance with Clause 2 of Article 58 of the Law on topography and cartography.

Article 38. Addressing certain issues related to the distinction of powers

Administrative maps specified in Clause 1 of Article 26 of the Law on topography and cartography, and Point a of Clause 3, Article 18 of Decree No. 27/2019/ND-CP dated March 13, 2019 of the Government, elaborating the Law on topography and cartography, include Administrative maps of Vietnam, provincial administrative maps, and commune-level administrative maps.

Section 13. ECONOMIC COOPERATION AND RURAL DEVELOPMENT

Article 39. Powers of the commune-level People's Committee

1. Prepare applications for recognition of traditional crafts, craft villages, or traditional craft villages, and submit them to the provincial People's Committee for review and recognition in accordance with point a of clause 4 of Article 6 of Decree No. 52/2018/ND-CP dated April 12, 2018 of the Government on the development of rural crafts.

2. Compile and send a list to the People's Committee at the provincial level for review and revocation of certificates of recognition of traditional crafts, craft villages, or traditional craft villages in accordance with clause 6 of Article 6 of Decree No. 52/2018/ND-CP.

3. Report to the Provincial People's Committee on the management of traditional crafts, craft villages, and traditional craft villages, and the implementation of regulations on criteria for recognizing traditional crafts, craft villages, and traditional craft villages in accordance with Clause 7 of Article 6 of Decree No. 52/2018/ND-CP.

4. Cooperate with the Department of Agriculture and Environment in providing guidance on the development and consolidate of rural industry development plans, and submitting them to the competent authority for approval in the local agricultural and rural development plan in accordance with Clause 3 of Article 23 of Decree No. 52/2018/ND-CP.

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6. Appoint a representative to participate as a member of the Council for Appraisal of applications for approval of support for projects linking agricultural production and consumption as stipulated in Point a of Clause 2 of Article 12 of Decree No. 98/2018/ND-CP dated July 5, 2018, on policies to encourage cooperation and linkages in agricultural production and consumption.

Article 40. Powers of the President of the commune-level People's Committee

Approve support for production linkages in accordance with point b of clause 2 of Article 12, and clause 3 of Article 17 of Decree No. 98/2018/ND-CP.

The procedures are specified in Section 6 of Appendix VIII attached hereto.

Article 41. Addressing certain issues related to the distinction of powers

The resettlement areas specified in clause 12 of Article 3 of Decision No. 64/2014/QD-TTg dated November 18, 2014, of the Prime Minister on specific policies on relocation and resettlement of people in communes/districts under irrigation and hydropower projects.

Section 14. NEW RURAL DEVELOPMENT AND POVERTY REDUCTION

Article 42. Powers of the commune-level People's Committee

1. Receive applications for recognition of communes meeting the standards of new rural development, communes meeting the standards of advanced new rural development, or communes meeting the standards of model new rural development in accordance with Article 6 of the Regulations on conditions, procedures, application for recognition, announcement and revocation of decisions on recognizing communes meeting the standards of new rural development, advanced new rural development, or model new rural development and completing the tasks of building new rural areas in the period 2021 - 2025 issued together with Decision No. 18/2022/QD-TTg dated August 2, 2022 of the Prime Minister.

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Article 43. Powers of the President of the provincial People's Committee

1. Announce communes that meet the standards of new rural areas, advanced new rural areas, or model new rural areas in accordance with Clause 2 of Article 10 of the Regulations on conditions, procedures, application for recognition, announcement and revocation of decisions on recognizing communes meeting the standards of new rural development, advanced new rural development, or model new rural development and completing the tasks of building new rural areas in the period 2021 - 2025 issued together with Decision No. 18/2022/QD-TTg dated August 2, 2022 of the Prime Minister.

2. Provide a written response to the report of the President of the commune-level People's Committee on the results of the review of poor and near-poverty households in the commune in accordance with point b of clause 5 of Article 4 of Decision No. 24/2021/QD-TTg.

Article 44. Powers of the commune-level People's Committee

1. Organize the assessment, collect opinions, and complete the application for revocation of the decision on recognizing the commune meeting the new rural standard, the advanced new rural standard, or the model new rural standard in accordance with Article 23 and clause 1 of Article 24 of the Regulations on conditions, procedures, application for recognition, announcement and revocation of decisions on recognizing communes meeting the standards of new rural development, advanced new rural development, or model new rural development and completing the tasks of building new rural areas in the period 2021 - 2025 issued together with Decision No. 18/2022/QD-TTg dated August 2, 2022 of the Prime Minister.

2. Establish a Steering Committee, develop, issue, and implement a plan for annual review of poor and near-poverty households in the commune in accordance with Clause 2 of Article 10 of Decision No. 24/2021/QD-TTg.

Article 45. Powers of the President of the commune-level People's Committee

Report to the provincial People's Committee on the results of reviewing poor and near-poverty households and households that have escaped poverty and near-poverty in the commune in accordance with Point a of Clause 5 of Article 4, Clause 1 of Article 7, and Point c of Clause 3 of Article 10 of Decision No. 24/2021/QD-TTg.

Section 15. POWERS TO RESOLVE ADMINISTRATIVE PROCEDURES

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1. The President of the Provincial People's Committee shall exercise the powers and tasks of the Provincial People's Committee in resolving administrative procedures for organizations and individuals.

2. The President of the commune-level People's Committee shall exercise the powers and tasks of the commune-level People's Committee in resolving administrative procedures for organizations and individuals.

Chapter III

IMPLEMENTATION

Article 47. Effect

1. This Decree comes into force from July 01, 2025.

2. This Decrees shall cease to be effective from March 01, 2027, except in the following cases:

a) Ministries and ministerial-level agencies report to the Government to propose the extension of application of all or part of this Decree to the National Assembly and receive the approval from the National Assembly;

b) If any laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees, resolutions of the Government, and decisions of the Prime Minister specified in regulations on the authority, responsibility for state management, procedures, and processes prescribed in this Decree are ratified or issued from July 1, 2025 and take effect before March 1, 2027, the corresponding regulations in this Decree shall cease to be effective at the time those documents come into force.

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Article 48. Transitional provisions

1. The transitional regulations relating to the distinction of powers and the handling of certain issues arising from the organization of two-level local government shall comply with the Law on Organization of Local Government.

2. Organizations and individuals who have submitted application to competent authorities/persons in accordance with the law before the effective date of this Decree are not required to resubmit their applications; the competent authorities/persons receiving powers and tasks as prescribed herein shall be responsible for continuing to process such applications for organizations and individuals.

3. Plans for forest allocation, forest leasing, and forest repurposing that have been approved by competent authorities before the effective date of this Decree shall continue to be implemented until the end of the plan term.

4. For projects that have completed the process of collecting opinions from representatives of local communities and relevant organizations and individuals regarding water resource extraction before this Decree comes into force, it is not necessary to collect opinions again in accordance with this Decree; for projects that are currently collecting opinions from representatives of local communities and relevant organizations and individuals regarding water resource extraction in accordance with Decree No. 54/2024/ND-CP before this Decree comes into force, they may continue to do so in accordance with Decree No. 54/2024/ND-CP, except in cases where organizations or individuals request to proceed in accordance with this Decree.

Article 49. Responsibility for implementation

1. The Minister of Agriculture and Environment shall provide guidance on the implementation of this Decree; provide for the application and forms of administrative procedures specified herein; announce changes to administrative procedures due to the distinction of powers as prescribed by laws on administrative procedure control.

2. Ministries, ministerial agencies, and relevant agencies, within their jurisdiction, shall cooperate with the Ministry of Agriculture and Environment in providing guidance for People's Committees at all levels on implementing administrative procedures as prescribed in this Decree and other relevant laws.

3. Responsibilities of People's Committees at all levels

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b) Provincial People's Committees shall implement assigned tasks and powers as prescribed herein; direct and provide guidance for commune-level People's Committees on implementing tasks and powers as prescribed herein. Should any difficulties or inadequacies arising during the implementation process, report to relevant ministries and agencies for timely resolution;

c) Provincial People's Committees shall announce administrative procedures at the province based on the decision to publish administrative procedures by the Minister of Agriculture and Environment.

4. The Minister of Agriculture and Environment, the Provincial People's Council, and the Provincial People's Committee shall issue documents or authorize the issuance of documents to resolve issues arising from the restructuring of the State organizational apparatus within their jurisdiction.

The competent agencies and person specified in this clause may issue administrative documents to guide the resolution of arising issues. Such issuance must satisfy the conditions in Clause 3 of Article 13 of Resolution No. 190/2025/QH15 dated February 19, 2025, of the National Assembly on handling some issues related to the restructuring of the State organizational apparatus.

ON BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER




Nguyen Hoa Binh

APPENDIX I

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1. Procedure for providing financial support for materials used in artificial insemination of livestock, including frozen semen, liquid nitrogen, gloves, and insemination tools for breeding female buffaloes and cows; costs for semen doses used for artificial insemination of sows, and remuneration for those providing artificial insemination services for livestock (buffaloes, cattle)

a) Eligible applicants must submit 01 application to the commune-level People's Committee before the 25th of the last month of each quarter either in person, online, or by post;

b) The commune-level People's Committee shall immediately respond regarding the completeness of the application if the application is submitted in person; and within one working day in writing for applications submitted online or by post;

c) Within 18 working days from the date of receiving the complete and valid application, the commune-level agricultural and environmental authority shall organize the appraisal, acceptance, and submit the application to the President of the commune-level People's Committee for review and approval;

d) Within 02 working days from the date of receiving the submitted application from the commune-level agricultural and environmental authority, the President of the commune-level People's Committee shall issue a decision on support provision. In case of refusal, a written notification clearly stating the reasons must be sent immediately to the organization or individual.

2. Procedures for approving financial support for training to transition from animal husbandry to other occupations; costs for individuals trained in artificial insemination techniques for livestock (buffaloes, cattle); costs of purchasing liquid nitrogen tanks for preserving semen for those providing artificial insemination services for livestock (buffaloes, cattle) under policies using non-business capital from state budget

a) Eligible applicants must submit 01 application to the commune-level People's Committee before the 25th of the last month of each quarter either in person, online, or by post;

b) The commune-level People's Committee shall respond regarding the completeness of the application immediately if the application is submitted in person; and within one working day in writing for applications submitted online or by post;

c) Within 20 working days from the date of receiving the complete and valid application, the commune-level agricultural and environmental authority shall organize the appraisal and submit the application to the President of the commune-level People's Committee for review and approval;

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dd) Within 20 working days from the date of issuance of the decision approving the financial support, the commune-level People's Committee shall provide financial support to the eligible subjects in accordance with the Law on State Budget.

APPENDIX II

PROCEDURES FOR IMPLEMENTING DISTINGUISHED ADMINISTRATIVE PROCEDURES IN FISHERIES AND FISHERIES RESOURCES SURVEILLANCE
(Attached to Decree No. 131/2025/ND-CP dated June 12, 2025 of the Government)

1. Procedures for recognizing and assigning management rights in the protection of aquatic resources

a) Organizations and individuals shall submit 01 application for recognition and assignment of management rights to community organizations to the commune-level People's Committee in person, online, or by post;

b) The commune-level People's Committee shall respond regarding the completeness of the application immediately if the application is submitted in person; and within one working day in writing for applications submitted online or by post;

c) Within 02 working days from the date of receiving the complete and valid application, the commune-level agricultural and environmental authority shall announce the Plan for the protection and extraction of aquatic resources through mass media, and publicly post it at the office of the commune-level People's Committee and in the residential area where co-management is planned to be carried out;

d) Within 30 working days from the date of receiving the announcement, the commune-level agricultural and environmental authority shall organize the appraisal, conduct on-site inspections (if necessary) and submit the application to the President of the commune-level People's Committee for review and approval;

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2. Procedures for amending the Decision recognizing and assigning management rights to community organization

a) The procedures for amending the Decision recognizing and assigning management rights to community organization in cases of changing the name of the community organization; the representative of the community organization; and the operating regulations of the community organization:

- Organizations or individuals shall submit 01 application for amending the Decision recognizing and assigning management rights to community organization to the commune-level People's Committee in person, online, or by post;

- The commune-level People's Committee shall respond regarding the completeness of the application immediately if the application is submitted in person; and within one working day in writing for applications submitted online or by post;

- Within 05 working days from the date of receiving the complete application, the commune-level agricultural and environmental authority shall organize the appraisal and submit application to the President of the commune-level People's Committee for review and approval of amendment to the Decision on reorganization and assignment of management right to community organization. In case of refusal, a written notification clearly stating the reasons must be sent immediately to the organization or individual.

b) Procedures for amending the Decision recognizing and assigning management rights to community organizations in cases of making amendments to the location and boundaries of the assigned geographical area; the scope of assigned rights; and the plan for protecting and extracting aquatic resources:

- Organizations or individuals shall submit 01 application for amending the Decision recognizing and assigning management rights to community organization to the commune-level People's Committee in person, online, or by post;

- The commune-level People's Committee shall respond regarding the completeness of the application immediately if the application is submitted in person; and within one working day in writing for applications submitted online or by post;

- Within 02 working days from the date of receiving the complete application, the commune-level agricultural and environmental authority shall announce the amendments through mass media, and publicly post them at the office of the commune-level People's Committee and in the residential area where co-management is planned to be carried out;

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- Within 03 working days from the date of receiving the application from the commune-level agricultural and environmental authority, the President of the commune-level People's Committee shall issue a decision on amendment to the Decision on reorganization and assignment of management right to community organization. In case of refusal, a written notification clearly stating the reasons must be sent immediately to the organization or individual.

APPENDIX III

PROCEDURES FOR IMPLEMENTING DISTINGUISHED ADMINISTRATIVE PROCEDURES IN FORESTRY AND FOREST RANGERS
(Attached to Decree No. 131/2025/ND-CP dated June 12, 2025 of the Government)

1. Procedures for approving requests for timber production in production forests that are natural forests for forest owners who are households, individuals, and local communities

a) The household, individual, or local community shall submit 01 application for timber production in production forests to the commune-level People's Committee in person, online, or by post;

b) The commune-level People's Committee shall respond regarding the completeness of the application immediately if the application is submitted in person; and within one working day in writing for applications submitted online or by post;

c) Within seven working days from the date of receiving a complete and valid application, the President of the commune-level People's Committee shall approve the application for timber production in production forests submitted by the household, individual, or local community; if not approved, a written notification stating the reasons shall be provided. In case of refusal, a written notification clearly stating the reasons must be sent to the household, individual, or local community.

2. Procedures for leasing forests to households, individuals, and communities

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b) Approve plan for forest lease auction and the starting rent: within 05 days from the date of receiving the proposal from the commune-level agricultural and environmental authority, the commune-level People's Committee shall review and approve the plan and the starting rent (the approved starting rent shall be the ground for conducting the forest lease auction). In case of refusal, a written notification clearly stating the reasons must be sent to the household, individual, or local community;

c) Sign a contract for forest lease auction services: Within 05 days from the date the starting rent is approved by the President of the commune-level People's Committee, the commune-level agricultural and environmental authority shall sign a contract for property auction services with the property auction organization according to the approved forest lease auction plan.

d) Within 20 working days from the date of signing the forest lease auction contract, the property auction organization that has signed the property auction service contract shall carry out the procedures for forest lease auctions in accordance with the law on auctions and relevant laws.

dd) Approve forest lease auction results: Within 03 days from the date of receiving the auction results, the President of the commune-level People’s Committee shall issue a decision recognizing the results of the forest lease auction;

e) Pay forest rent upon receiving decision on recognizing the results of the forest lease auction: Within 20 working days from the date of the decision to recognize the results of the forest lease auction, the successful bidder shall transfer the rent to the State Treasury and payment documents to the commune-level agricultural and environmental authority. The commune-level agricultural and environmental authority shall then report to the President of the commune-level People’s Committee for making forest lease decision;

g) Decide to lease forest: Within 05 working days from the date the successful bidder fulfilled their financial obligations, the President of the commune-level People’s Committee shall review and sign the decision on forest lease at the same time with the land lease decision in accordance with law for the household or individual;

h) In case the time limit for rent payment has passed and the successful bidder has not paid the full amount according to the hammer price, the commune-level agricultural and environmental authority shall report to the President of the commune-level People’s Committee to make a decision to cancel the recognition of the bid winning results.

3. Procedures for forest repurposing for individuals

a) The individual shall submit 01 application for forest repurposing to the commune-level People's Committee in person, online, or by post;

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c) Within 10 working days from the date of receiving the complete and valid application, the commune-level agricultural and environmental authority shall organize the appraisal and submit the application to the President of the commune-level People's Committee for review and approval;

d) Within 02 working days from the date of receiving the submitted application from the commune-level agricultural and environmental authority, the President of the commune-level People's Committee shall issue a decision on forest repurposing. In case of refusal, a written notification clearly stating the reasons must be sent immediately to the organization or individual.

4. Procedures for appraisal of design and cost estimates for silviculture works or the appraisal of adjustments to the design and cost estimates of silviculture works using public investment capital

a) The project owner shall submit 01 application for appraisal of design and cost estimates of the silviculture work or the appraisal of adjustments to the design and cost estimates of the silviculture work to the commune-level People's Committee in person, online, or by post;

b) The commune-level People's Committee shall respond regarding the completeness of the application immediately if the application is submitted in person; and within one working day in writing for applications submitted online or by post;

c) Within 07 working days from the date of receiving the complete and valid application, the commune-level agricultural and environmental authority shall organize the appraisal and submit the application to the President of the commune-level People's Committee for review and approval;

d) Within 02 working days from the date of receiving the submitted application from the commune-level agricultural and environmental authority, the President of the commune-level People's Committee shall sign the Report on the results of the appraisal of the design and cost estimate of the silviculture work and notify the investor of the appraisal results. In case of refusal, a written notification clearly stating the reasons must be sent immediately to the organization or individual.

APPENDIX IV

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1. Procedures for approving the disaster response plan for works and downstream areas of dams during the construction of dams, reservoirs, and downstream areas of dams in the area covering two or more communes

a) The organization or individual shall submit 01 application for approval of the disaster response plan for works and downstream areas of dams during the construction of dams, reservoirs, and downstream areas of dams in the area covering two or more communes to the Department of Agriculture and Environment in person, online, or by post;

b) The Department of Agriculture and Environment shall respond regarding the completeness of the application immediately if the application is submitted in person; and within one working day in writing for applications submitted online or by post;

c) Within 10 working days from the date of receiving the complete and valid application, the Department of Agriculture and Environment shall organize the appraisal, conduct on-site inspections (if necessary) and submit the application to the President of the commune-level People's Committee for review and approval;

d) Within 02 working days from the date of receiving the submitted application from the Department of Agriculture and Environment, the President of the commune-level People's Committee shall issue an approval decision. In case of refusal, a written notification clearly stating the reasons must be sent immediately to the organization or individual;

2. Procedures for approving the emergency response plans for dams, reservoirs, and downstream areas of dams in the area covering two or more communes

a) The organization or individual shall submit 01 application for approval of the emergency response plan for dams, reservoirs, and downstream areas of dams in the area covering two or more communes to the Department of Agriculture and Environment in person, online, or by post;

b) The Department of Agriculture and Environment shall respond regarding the completeness of the application immediately if the application is submitted in person; and within one working day in writing for applications submitted online or by post;

c) Within 10 working days from the date of receiving the complete and valid application, the Department of Agriculture and Environment shall organize the appraisal, conduct on-site inspections (if necessary) and submit the application to the President of the commune-level People's Committee for review and approval;

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3. Procedures for approving the procedures for operating large and medium-sized irrigation works delegated by the Provincial People's Committee

a) The organization or individual shall submit 01 application for approval of or adjustment to the procedures for operating large and medium-sized irrigation works delegated by the Provincial People's Committee to the commune-level People's Committee in person, online, or by post;

b) The commune-level People's Committee shall respond regarding the completeness of the application immediately if the application is submitted in person; and within one working day in writing for applications submitted online or by post;

c) Within 18 working days from the date of receiving the complete and valid application, the commune-level agricultural and environmental authority shall organize the appraisal, on-sit inspection and submit the application to the President of the commune-level People's Committee for review and approval;

d) Within 02 working days from the date of receiving the submitted application from the commune-level agricultural and environmental authority, the President of the commune-level People's Committee shall issue a decision on approval/adjustment. In case of refusal, a written notification clearly stating the reasons must be sent immediately to the organization or individual;

4. Procedures for approving the procedures for operation of irrigation reservoirs in the commune

a) The organization or individual shall submit 01 application for approval of the procedures for operation of the irrigation reservoir in the commune to the commune-level People's Committee in person, online, or by post;

b) The commune-level People's Committee shall respond regarding the completeness of the application immediately if the application is submitted in person; and within one working day in writing for applications submitted online or by post;

c) Within 18 working days from the date of receiving the complete and valid application, the commune-level agricultural and environmental authority shall organize the appraisal or inspection and submit the application to the President of the commune-level People's Committee for review and approval;

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5. Procedures for approving the outline and results of safety inspections of irrigation dams/reservoirs

a) The organization or individual shall submit 01 application for approval of outline and results of the safety inspection of the irrigation dam/reservoir to the commune-level People's Committee in person, online, or by post;

b) The commune-level People's Committee shall respond regarding the completeness of the application immediately if the application is submitted in person; and within one working day in writing for applications submitted online or by post;

c) Within 08 working days from the date of receiving the complete and valid application, the commune-level agricultural and environmental authority shall organize the appraisal and submit the application to the President of the commune-level People's Committee for review and approval;

d) Within 02 working days from the date of receiving the submitted application from the commune-level agricultural and environmental authority, the President of the commune-level People's Committee shall issue a decision on approval. In case of refusal, a written notification clearly stating the reasons must be sent immediately to the organization or individual;

6. Procedures for approving plans for protection of dams and reservoirs in the commune delegated by the Provincial People's Committee

a) The organization or individual shall submit 01 application for approval of the plan for protection of the dam/reservoir in the commune delegated by the Provincial People's Committee to the commune-level People's Committee in person, online, or by post;

b) The commune-level People's Committee shall respond regarding the completeness of the application immediately if the application is submitted in person; and within one working day in writing for applications submitted online or by post;

c) Within 18 working days from the date of receiving the complete and valid application, the commune-level agricultural and environmental authority shall organize the appraisal and submit the application to the President of the commune-level People's Committee for review and approval;

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7. Procedures for approving the boundary marking plan in the commune delegated by the Provincial People's Committee

a) The organization or individual shall submit 01 application for approval of the boundary marking plan in the commune delegated by the Provincial People's Committee to the commune-level People's Committee in person, online, or by post;

b) The commune-level People's Committee shall respond regarding the completeness of the application immediately if the application is submitted in person; and within one working day in writing for applications submitted online or by post;

c) Within 18 working days from the date of receiving the complete and valid application, the competent authority assigned by the commune-level People's Committee to handle the administrative procedure shall organize the appraisal and submit the application to the President of the commune-level People's Committee for review and approval;

d) Within 02 working days from the date of receiving the submitted application from the competent authority assigned by the commune-level People's Committee to handle the administrative procedure, the President of the commune-level People's Committee shall issue a decision on approval. In case of refusal, a written notification clearly stating the reasons must be sent immediately to the organization or individual;

APPENDIX V

PROCEDURES FOR IMPLEMENTING DISTINGUISHED ADMINISTRATIVE PROCEDURES IN DIKE MANAGEMENT AND DISASTER MANAGEMENT
(Attached to Decree No. 131/2025/ND-CP dated June 12, 2025 of the Government)

1. Procedures for providing financial support for medical examination and treatment, and accident benefits (except for accidents that results in a reduction of working capacity of 5% or more) for members of the commune-level disaster management front lines

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b) The commune-level People's Committee shall respond regarding the completeness of the application immediately if the application is submitted in person; and within one working day in writing for applications submitted online or by post;

c) Within 07 working days from the date of receiving the complete and valid application, the commune-level agricultural and environmental authority shall consolidate and submit the application to the President of the commune-level People's Committee for issuance of a decision on provision of financial support for medical examination and treatment for such member. In case of refusal, a written notification clearly stating the reasons must be sent immediately to the organization or individual;

d) Within 03 working days from the date of issuance of the decision approving the financial support, the President of the commune-level People's Committee shall organize the payment of medical examination and treatment expenses to the eligible beneficiaries; payment shall be made by bank transfer, by post, or in person at the commune.

2. Procedures for providing accident benefits in case the accident results in a reduction of working capacity of 5% or more or death for members of the commune-level disaster management front lines

a) The member of the commune-level disaster management front lines or his/her legal representative shall submit 01 application to the commune-level People's Committee in person, online, or by post;

b) The commune-level People's Committee shall respond regarding the completeness of the application immediately if the application is submitted in person; and within one working day in writing for applications submitted online or by post;

c) Within 05 working days from the date of receiving the complete and valid application, the commune-level People's Committee shall consolidate and submit the application to the President of the provincial People's Committee;

d) Within 05 working days from the date of receiving the submitted application from the President of the commune-level People's Committee, the President of the provincial People's Committee shall issue decision on provision of accident benefits. In case of refusal, a written notification clearly stating the reasons must be sent immediately to the organization or individual.

dd) Within 03 working days from the date of issuance of the decision provision of accident benefits, the President of the commune-level People's Committee shall organize the payment of accident benefits to the eligible beneficiaries; payment shall be made by bank transfer, by post, or in person at the commune.

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APPENDIX VI

PROCEDURES FOR IMPLEMENTING DISTINGUISHED ADMINISTRATIVE PROCEDURES IN WATER RESOURCES
(Attached to Decree No. 131/2025/ND-CP dated June 12, 2025 of the Government)

1. Procedures for collection of opinions on works for extraction of water resources

a) The organization or individual shall submit 01 application for collection of opinions of representative of the local community, organizations and individuals to the Department of Agriculture and Environment in person, online or by post;

b) The Department of Agriculture and Environment shall response regarding the completeness of the application immediately if the application is submitted in person, and within 01 working day if the application is submitted online or by post;

c) Within 20 working days from the receipt of complete and valid application, the Department of Agriculture and Environment shall convene meetings, direct dialogues, or collect written opinions of relevant entities to have opinions on the proposed construction project and request the investor to provide additional data, reports and information about the project;

d) Within 05 working days from the receipt of explanation of the investor, the Department of Agriculture and Environment shall provide a written response.

2. Procedures for registering for and confirming registration for groundwater extraction

a) The organization or individual shall submit 01 application for extraction of groundwater to commune-level People’s Committee in person, online or by post;

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c) Within 05 working days from the receipt of complete and valid application, the commune-level agricultural and environmental authority shall appraise the application and submit it to the President of commune-level People's Committee for confirmation;

d) Within 02 working days from the receipt of application from the commune-level agricultural and environmental authority, the President of commune-level People's Committee shall issue the decision on confirmation. In case of refusal, a written notification clearly stating the reasons must be sent immediately to the organization or individual.

APPENDIX VII

PROCEDURES FOR IMPLEMENTING DISTINGUISHED ADMINISTRATIVE PROCEDURES IN MARINE AND ISLAND AFFAIRS
(Attached to Decree No. 131/2025/ND-CP dated June 12, 2025 of the Government)

1. Procedures for assignment of sea areas to Vietnamese individuals for aquaculture

a) Vietnamese individuals shall submit 01 application for assignment of seas areas for aquaculture to commune-level People’s Committee in person, online or by post;

b) Commune-level People’s Committee shall respond regarding the completeness of the application immediately if the application is submitted in person; or within 01 working day if the application is submitted online or by post;

c) Within 25 working days from the receipt of complete and valid application, the commune-level agricultural and environmental authority shall appraise the application, conduct on-site inspection, and submit the application to the President of commune-level People's Committee for review and approval;

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2. Procedures for recognition of sea areas assigned to Vietnamese individuals for aquaculture

a) Vietnamese individuals using sea areas who have been granted written permission by competent state authorities to extract and use marine resources in accordance with the laws before July 15, 2014 but have not been granted decision on land allocation, lease of land with coastal water surface, sea surface, or assignment of sea areas in accordance with the laws shall submit 01 application to commune-level People’s Committee in person, online or by post;

b) Commune-level People’s Committee shall respond regarding the completeness of the application immediately if the application is submitted in person; or within 01 working day if the application is submitted online or by post;

c) Within 10 working days from the receipt of complete and valid application, the commune-level agricultural and environmental authority shall appraise the application, conduct on-site inspection, and submit the application to the President of commune-level People's Committee for review and approval;

d) Within 03 working days from the receipt of application from the commune-level agricultural and environmental authority, the President of commune-level People's Committee shall issue the decision on recognition of sea areas. In case of refusal, a written notification clearly stating the reasons must be sent immediately to the organization or individual.

3. Procedures for extension of duration for assignment of sea areas to Vietnamese individuals for aquaculture

a) Vietnamese individuals shall submit 01 application for extension of duration for assignment of sea areas for aquaculture to commune-level People’s Committee in person, online or by post;

b) Commune-level People’s Committee shall respond regarding the completeness of the application immediately if the application is submitted in person; or within 01 working day if the application is submitted online or by post;

c) Within 20 working days from the receipt of complete and valid application, the commune-level agricultural and environmental authority shall appraise the application, conduct on-site inspection (if necessary), and submit the application to the President of commune-level People's Committee for review and approval;

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4. Procedures for total return of sea areas assigned to Vietnamese individuals for aquaculture

a) Vietnamese individuals shall submit 01 application for return of sea areas to commune-level People’s Committee in person, online or by post;

b) Commune-level People’s Committee shall respond regarding the completeness of the application immediately if the application is submitted in person; or within 01 working day if the application is submitted online or by post;

c) Within 15 working days from the receipt of complete and valid application, the commune-level agricultural and environmental authority shall appraise the application, conduct on-site inspection, and submit the application to the President of commune-level People's Committee for review and approval;

d) Within 03 working days from the receipt of application from the commune-level agricultural and environmental authority, the President of commune-level People's Committee shall issue the decision on permission for return of sea areas. In case of refusal, a written notification clearly stating the reasons must be sent immediately to the organization or individual.

5. Procedures for partial return of sea areas for Vietnamese individuals

a) Vietnamese individuals shall submit 01 application for return of sea areas to commune-level People’s Committee in person, online or by post;

b) Commune-level People’s Committee shall respond regarding the completeness of the application immediately if the application is submitted in person; or within 01 working day if the application is submitted online or by post;

c) Within 20 working days from the receipt of complete and valid application, the commune-level agricultural and environmental authority shall appraise the application, conduct on-site inspection (if necessary), and submit the application to the President of commune-level People's Committee for review and approval;

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6. Procedures for amendments to the Decision on assignment of sea areas to Vietnamese individuals for aquaculture

a) Vietnamese individuals shall submit 01 application for amendments to the decision on assignment of sea areas to commune-level People’s Committee in person, online or by post;

b) Commune-level People’s Committee shall respond regarding the completeness of the application immediately if the application is submitted in person; or within 01 working day if the application is submitted online or by post;

c) Within 20 working days from the receipt of complete and valid application, the commune-level agricultural and environmental authority shall appraise the application, conduct on-site inspection (if necessary), and submit the application to the President of commune-level People's Committee for review and approval;

d) Within 03 working days from the receipt of application from the commune-level agricultural and environmental authority, the President of commune-level People's Committee shall issue the decision on amendments to the Decision on assignment of sea areas. In case of refusal, a written notification clearly stating the reasons must be sent immediately to the organization or individual.

APPENDIX VIII

PROCEDURES FOR IMPLEMENTING DISTINGUISHED ADMINISTRATIVE PROCEDURES IN ECONOMIC COOPERATION AND RURAL DEVELOPMENT
(Attached to Decree No. 131/2025/ND-CP dated June 12, 2025 of the Government)

Procedures for approving support in production linkage

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- The commune-level People's Committee shall respond regarding the completeness of the application immediately if the application is submitted in person; and within one working day in writing for applications submitted online or by post;

- c) Within 15 working days from the date of receiving the adequate application, the commune-level agricultural and environmental authority shall organize the appraisal (establish the Appraisal Council) and submit the application to the President of the commune-level People's Committee for review and approval;

- Within 03 working days from the date of receiving the submitted application from the commune-level agricultural and environmental authority, the President of the commune-level People's Committee shall issue a decision on approval of support in production linkage. In case of refusal, a written notification clearly stating the reasons must be sent immediately to the organization or individual.