Issues Arising in the Decentralization of Management for Commune-Level Authorities under the Two-Tier Local Government Model in Vietnam

Abstract: The promotion of decentralized governance to local authorities is situated within the broader framework of Vietnam’s ongoing administrative reform and the restructuring of local government models. Recent transformations in local governance have yielded initial yet significant results, affirming the correctness, timeliness, and scientific basis of the current policy direction. These reforms have contributed to improving governance efficiency, streamlining administrative structures, and better serving the rights and interests of the people—ultimately striving toward the goal of “Only doing better, never letting the people and businesses down”. However, practical implementation continues to face numerous challenges and constraints across various dimensions, including institutional awareness, legal frameworks, and enforcement mechanisms. One particularly pressing issue is the limited capacity of commune-level authorities to effectively exercise the expanded powers granted through decentralization. These limitations hinder the realization of intended outcomes and expose gaps in both policy design and operational delivery. This paper adopts a legal perspective to analyze key shortcomings and institutional bottlenecks in the current decentralization process at the commune level. Based on this analysis, it proposes a set of legal and administrative solutions aimed at strengthening the effectiveness of decentralized governance, enhancing the autonomy and performance of commune-level authorities, and ensuring more responsive and accountable local administration in Vietnam’s future governance landscape.Keywords: Management hierarchy, Commune government, Two-tier local government, Vietnam.

1. Introduction

“Local government refers to state institutions, or institutions of territorial self-governance of local communities, which possess the legal personality of public authority, established in a constitutional and lawful manner to administer and govern all aspects of state and social life within an administrative–territorial unit of a country, within the limits of competence, procedures, and methods prescribed by law” [3]. The three-tier Local Government (LG) model in Vietnam was organized and operated for a long period (from the 1946 Constitution until the 2013 Constitution). As a result, elements of this administrative system continue to exert significant influence on the operational mechanism of the current two-tier LG model. Consequently, the operational mechanism of the model, and the process of decentralization and delegation of powers to commune-level governments, inevitably face confusion, difficulties, and shortcomings. In practice, the expectations and objectives set by the Central Government are difficult to achieve within a short timeframe given the current state of local resources.

To date, the Central Government has reviewed the implementation of Resolution No. 18 of the Central Committee [4], closely directing the restructuring of the administrative apparatus and LG in connection with decentralization and devolution under the principle of “localities decide, localities act, localities bear responsibility,” thereby promoting thorough delegation of authority to localities in a manner consistent with the common good. In Conclusion No. 155 of the Central Committee, dated 17 May 2025, on key tasks to be focused on in restructuring the administrative apparatus and administrative units from now until 30 June 2025, the Central Government required that the implementation of decentralization and devolution must adhere to certain fundamental principles to clearly delineate the powers of the central and local governments [5].

At the same time, the Central Government has instructed regular supervision of central agencies to ensure timely and effective implementation of tasks. In addition, to lead and direct innovation in lawmaking and law enforcement to meet the requirements of national development in the new era, the Central Government issued Resolution No. 66 of the Central Committee dated 30 April 2025.

In recent times, Vietnam has urgently improved its laws on decentralization, devolution, and allocation of powers, promptly institutionalizing the Party’s views and policies; placing emphasis on communication to ensure consistency in awareness and action, thereby demonstrating strong political determination and fostering broad consensus to promote thorough decentralization and devolution between central and local state agencies, between provincial governments and commune-level governments. This has helped to enhance the proactivity and creativity of LG at all levels and unlock resources for local development. In preparation for the operation of the two-tier LG model, the State has issued numerous Plans, Decisions, and legal documents to lead and direct the restructuring of the administrative apparatus in connection with enhanced decentralization and devolution [6]. However, the implementation process has encountered considerable difficulties, and the duration of the operation of the two-tier government model has not yet been sufficient for a comprehensive review and assessment. Nevertheless, surveys and analyses have enabled an objective evaluation of many emerging issues requiring resolution.

The political and legal foundations are already relatively sufficient and clear, with determination and decisive action from all levels of government to address the practical shortcomings and difficulties. Within the scope of this study, the author focuses on analyzing the difficulties and shortcomings in the exercise of powers by commune-level governments under the decentralization mechanism. On that basis, it is necessary to strengthen the theoretical foundations, improve institutional policies and laws, and enhance local resources to ensure the effective exercise of commune-level government authority in the new conditions and context.

2. Perspectives and principles of decentralization for local government

From a theoretical perspective, current understandings of devolution and decentralization remain quite diverse. For instance, some opinions suggest that, in Vietnam, decentralization in essence is vertical devolution of powers, corresponding to the concept of “decentralization.” Accordingly, the content of decentralization is to assign to each level of government and each stage in the apparatus certain tasks and powers to resolve specific matters [7].

The author’s viewpoint is that decentralization is the transfer of tasks and powers from higher levels to lower levels in order to perform state management functions regularly, permanently, and stably, on a legal basis, thereby enhancing the effectiveness of state administration and ensuring compliance with principles of governance. Decentralization is often accompanied by the simplification of administrative procedures, the application of technology (e-government), and the streamlining of the administrative apparatus. As a result, public services are improved, and citizens and enterprises can access procedures more quickly and transparently. When greater authority is vested in grassroots governments, this also serves as an important solution to foster a government that is service-oriented and accountable to the people, while simplifying processes and procedures in resolving the interests of individuals and organizations [8].

Decentralization is an inevitable trend in building a modern public administration, shifting from a management-oriented model to one of governance and good governance. It enhances the initiative of localities while ensuring unified direction from the Central Government. Several studies show that decentralization simultaneously produces varied impacts [9].

In addition, it is essential to gain a more comprehensive understanding of modern theories of state governance and models of power allocation that align with the constitutional system of each country. Governance is a daily activity conducted in various types of organizations, ranging from small associations and companies to localities and national governments. This demonstrates that governance is always an indispensable element of social life. Governance is generally understood as the authority of an individual, group, or organization to establish rules and regulations, while also guiding, directing, obligating, or controlling other individuals or organizations to comply. In practice, governance is a term primarily associated with the organization and functioning of the state apparatus (national governance/state governance) [10].With respect to national governance, some studies distinguish between governance at the national level (national governance) and governance at the local level (local governance). Although these levels share common principles, each possesses distinctive features [11].

In the context of increasing globalization and the growing complexity of public issues, the traditional model of governance—where power is concentrated mainly in the central government—has gradually revealed its limitations. Instead, many countries have adopted the model of Multilevel Governance (MLG) in order to enhance flexibility, effectiveness, and adaptability of the governmental system [12]. This is not only a theoretical concept but also reflects the practical realities taking place in many countries, and Vietnam is no exception. The theory of Multilevel Governance serves as a useful analytical and organizational tool for reshaping public governance systems toward being more modern, flexible, and efficient. Given that public issues are increasingly multidimensional and extend beyond the capacity of a single level of government, MLG has become an inevitable trend [13]. For Vietnam, studying and effectively applying this theory will contribute to improving the effectiveness of state management, strengthening grassroots democracy, and unlocking the developmental potential of localities [14].

Principles of Decentralization for Local Government

- Upholding the principle that state power is unified, ensuring the uniform management of the Government in terms of institutions, policies, strategies, planning, inspection, and supervision, while simultaneously promoting the autonomy and accountability of local governments in carrying out state management tasks within their territories in accordance with the law [15]. This principle stems from the fundamental nature of the unitary state structure, in which state power in Vietnam is organized on the basis of concentration and unity, reflected in the division and coordination of powers among the legislative, executive, and judicial branches.

- Adhering to the principle of close coordination between territorial management and sectoral management, with a clear delineation of the state management responsibilities of ministries and sectors on the one hand, and those of local governments on the other [16]. In common approaches to authority allocation, there are two forms: territorial (between the central government and local governments) and sectoral (by functional areas such as personnel or civil service management). Therefore, when assigning authority to local governments, it is necessary to ensure proper alignment with sectoral divisions of power.

- Ensuring the principle of effectiveness: tasks that can be handled more practically, promptly, and better at a particular level must be assigned to that level. Decentralization must be clear in terms of responsibilities, scope, and accountability, consistent with the functions and duties of each level [17]. In state administration, certain areas such as national defense, security, and foreign affairs must remain under centralized management by the central government, while other areas can be more effectively managed through delegation of authority to local governments. This principle becomes especially important in the context of administrative reform, where a streamlined apparatus with fewer hierarchical layers is expected to improve responsiveness to citizens. .

- Decentralization must correspond to the level of socio-economic development in each period, the characteristics of each sector and field, as well as the conditions and development capacities of different regions and territories, whether urban or rural, within the broader trends of regional and international integration [18]. Furthermore, decentralization must ensure a balance between assigned responsibilities, authority, accountability, and the provision of adequate financial, human, and other necessary resources. Leveraging regional and local characteristics is an important driving force for fostering diverse development within a unified framework. When authority is devolved, the central government must also allocate sufficient resources to enable localities to exercise such authority effectively.

- Decentralization must be implemented in a consistent and coherent manner within the institutional and legal system, tied to innovations in governance mechanisms and ensuring the autonomy and accountability of local governments. For matters that have already been decentralized, provincial governments bear the primary responsibility for organizing and implementing, while central ministries and agencies are responsible for monitoring, guiding, and supervising. If violations are detected or actions are inconsistent with national plans or sectoral strategies, the relevant authorities must intervene in accordance with their powers.

3. Challenges and Limitations in Decentralization for Commune-Level Authorities under the Two-Tier Local Government Model in Vietnam

3.1. Administrative Capacity of Commune-Level Governments Remains Insufficient to Exercise Delegated Authority

After the two-tier Local Government (LG) model came into operation, the tasks and powers of the government underwent significant changes, clearly reflecting the mechanism of strong decentralization and devolution to the LG, particularly to the commune-level government [19].

Thus, when the district-level government ceased operations, most of the administrative powers were transferred to the commune-level government, including many specialized areas in which commune-level governments had not previously been delegated authority and had no designated civil servants in charge, such as education and training, healthcare, land management, justice with foreign elements, and internal affairs. This is particularly challenging for communes that remained unchanged in administrative units in mountainous areas, which cover vast territories and face significant resource constraints. In Nghe An Province, after the reorganization, there are 130 commune-level administrative units, of which 9 communes, such as My Ly, Bac Ly, and Muong Long (of the former Ky Son District) [20], were not reorganized. These are highland communes with wide territories, predominantly inhabited by ethnic minorities, facing many difficulties in infrastructure and resources. For commune governments in these disadvantaged areas, exercising administrative functions delegated from the central and provincial governments poses considerable difficulties.

- In the field of education and training: The cessation of district-level administrative units resulted in the direct transfer of responsibility for state management over preschools, primary schools, and lower secondary schools to commune-level governments. After the two-tier LG model had been in operation for some time, staffing at the commune level mainly addressed the quantitative aspect of “filling the positions” rather than the qualitative aspect of suitability and expertise.

According to statistics from the Ministry of Education and Training, 302 out of 1,000 surveyed commune-level education officials lack professional expertise related to education. In fact, many commune-level education administrators hold qualifications in entirely “unrelated” fields, such as a bachelor’s degree in land management or an engineering degree in animal husbandry. Their specializations also include construction engineering, food industry, accounting, and business administration. Information from localities indicates that only about 20–30% of commune-level education administrators have professional qualifications or prior experience in the education sector. Under current regulations, each Division of Culture and Society is allocated a maximum of 2 staff positions for civil servants in charge of education and training. With a total of 3,321 communes, wards, and townships after reorganization, it is estimated that more than 6,000 commune-level education civil servants are needed nationwide. However, as of now, the assignment and organization of specialized units under commune-level People’s Committees, particularly those responsible for education and training, remain inconsistent with staffing positions and quota norms. They do not adequately meet the requirements of the education sector, either in terms of numbers or qualifications and professional competence. The same statistics show that only a few provinces and cities, such as Hanoi and Ho Chi Minh City, can allocate 2–3 commune-level education administrators, while most localities allocate only 1 staff member. Some localities have no dedicated education officer at all [21].

- In the field of justice: The delegation of judicial powers involving foreign elements to commune-level governments, such as registration of changes or corrections of civil status, marriage registration, and adoption registration involving foreign elements, creates difficulties in identifying the parties involved and ensuring the strict legal requirements in the judicial management of foreigners. The organization of the two-tier LG model has generated numerous unprecedented tasks that require rapid implementation, creating significant challenges in carrying out judicial functions, particularly in the context of substantial changes in the commune-level judicial and civil status staff.

- Some tasks of a highly specialized or sector-specific nature in other fields: Ministries and ministerial-level agencies have studied and assessed to propose appropriate devolution, decentralization, and allocation of authority, ensuring feasibility while adhering to the principles and policies of the Party, as well as the requirements and directions of competent authorities. Local governments perform tasks directly related to citizens and enterprises, issue legal documents to organize the implementation of laws in their territories, carry out delegated tasks, and decide on local matters in accordance with the law. Given the large workload, the complexity of tasks, and the urgency of timelines, comprehensive decentralization and devolution must be implemented while the system is also focusing on organizational restructuring. This makes it difficult to avoid cases where certain delegated tasks are not entirely reasonable.

The assessment results of the exercise of authority by different levels of government regarding the implementation of 932 tasks and powers are divided into three groups as follows [22]:

Accordingly, there are many tasks and powers that require additional conditions to ensure implementation, such as clearer regulations on procedures and processes; implementation funding; supplementation of staffing; sufficient and suitable human resources with guaranteed capacity; physical facilities, technological equipment, databases, etc. For example: certain delegated and decentralized tasks and powers in the fields of statistics [23], tax administration [24], justice [25], and industry and trade [26]. With the large workload that Local Governments at all levels must undertake, additional expenses may arise for training, professional guidance, retraining, capacity-building, and strengthening of officials and civil servants responsible for performing tasks and powers [27]. The Ministry of Science and Technology has assessed that with regard to four tasks in the field of science and technology [28], the handling of industrial property procedures at the local level still faces many difficulties (due to lack of dissemination, shortage of specialized staff in handling protection titles, licensing contracts, and inadequate information technology infrastructure, etc.). At present, with the requirement for deep specialization, local human resources are unlikely to meet the demand. In addition, the costs of organizing each examination are quite high; if decentralization requires all localities to organize examinations separately instead of holding centralized examinations, it will be very difficult to implement effectively.

3.2. Decentralization Remains Broad-Based, Lacking Specificity Between the Administrative Practices of Commune-Level Authorities in Urban Areas and Those in Mountainous or Rural Areas

At present, there exists a practice of broad-based, uniform decentralization without specificity for each locality. In reality, commune-level governments (communes, wards, special zones) [29] differ significantly in terms of scale, resources, and the capacity of their administrative civil servants. Therefore, their ability to exercise delegated authority also fundamentally varies. For commune-level governments in remote, border, and disadvantaged areas, as well as special zones, resources are limited, populations are predominantly ethnic minorities, and the geography is extensive and challenging. In such circumstances, decentralization in certain specialized fields such as education, healthcare, science, and natural resources is hardly feasible. In judicial administration involving foreign elements in border areas, many complex and sensitive factors exist, leading to potential legal issues with implications for political security.

The current decentralization and allocation of tasks and powers to local authorities do not ensure flexibility based on the capacity, qualifications, and responsiveness of the local apparatus, officials, civil servants, and infrastructure systems. As a result, decentralization is carried out in a uniform manner across all localities. Localities with better capacity and more favorable conditions should be delegated and decentralized more tasks and powers, while those with weaker capacity and fewer resources should be assigned fewer.

The decentralization process has not been associated with the requirement of ensuring that agencies and localities continue to innovate in organizing work, meeting the demand for reform in the organizational structure of the political system. In reality, decentralization for commune-level governments has not focused on the goal of administrative procedure reform to facilitate citizens and enterprises, nor has it eliminated unnecessary or outdated tasks inconsistent with the two-tier Local Government model. Instead, it has mainly consisted of simple transfers of tasks and powers from one level of government to another.

In remote areas, telecommunications infrastructure and information technology equipment are not synchronized, making it difficult for newly established agencies to operate effectively. Many localities face shortages in digital infrastructure and electronic information systems serving citizens and enterprises; upgrading and deploying such systems remains challenging. This reality significantly affects the exercise of authority by commune-level governments in rural and mountainous areas compared to urban areas with developed infrastructure.

3.3. Lack of Synchronization Between the Decentralization of Authority and the Allocation of Resources for Commune-Level Governments to Perform Tasks and Powers

In practice, many tasks under the authority of the Central Government have been delegated to localities for implementation, but only the tasks themselves have been transferred without the necessary conditions to perform them [30]. In Vietnam, there has long existed a significant limitation in the lack of synchronization between the delineation of authority (tasks and powers) and the allocation of resources. The delegating authority has often been cautious in transferring financial and human resources to the entities receiving the tasks. This stems fundamentally from the nature of power and interests. Under the current two-tier Local Government model, commune-level authorities are delegated many tasks and powers, but in reality, resources have not been allocated appropriately.

The allocation of human resources, material resources, and conditions to ensure implementation must be assessed and determined on the basis of the number and volume of tasks decentralized and delegated. At the same time, officials and civil servants must also be trained and fostered to improve their capacities. In some localities, the arrangement of civil servants to carry out specialized tasks remains difficult; the number of staff is not commensurate with the nature and volume of work, and many areas lack officials with professional expertise in fields such as science and technology, land administration, finance, and justice [31]. In some provinces and cities, the allocation of commune-level judicial–civil status civil servants is still inadequate. For example, in Hue City, prior to the restructuring, there were about 300 judicial–civil status civil servants, whereas now there are only 185 (61.6%), with many communes and wards having only one civil servant despite the heavy workload [32].

Information technology infrastructure in many localities remains inadequate; local databases and those of several central ministries and agencies have not yet met the requirements of being “accurate, complete, clean, live, unified, and shared,” thereby failing to facilitate the smooth implementation of online administrative procedures.

The operating budget of commune-level governments mainly depends on higher-level budgets, without autonomous revenue sources; the need for funding for new construction, repairs, and the procurement of working equipment is substantial. In Nghe An Province, commune-level authorities across the province still lack 151 vehicles for common use, and the province has not been able to balance the budget for procurement (about VND 211 billion). The implementation of swaps (reallocation) of headquarters and public service facilities among units still faces obstacles regarding land-use and construction planning. To date, the Ministry of Agriculture and Environment has issued Official Dispatch No. 3099/BNNMT-QLĐĐ dated June 13, 2025, providing guidance; however, this document merely cites the provisions of Point h, Clause 3, Article 3 of Decree No. 03/2025/ND-CP dated January 1, 2025, on the rearrangement and handling of public assets being houses and land, without providing specific guidance for localities to handle assets after the two-tier Local Government model came into operation [33].

4. Solutions to Ensure Decentralization and Improve the Effectiveness of Organization and Operation of Commune-Level Governments under the Two-Tier Local Government Model in Vietnam

4.1. Raising Awareness and Continuing to Improve Institutions, Ensuring Balance Between Decentralization of Authority and Resource Allocation for Commune-Level Governments

- Local governments at all levels must properly fulfill the tasks and powers entrusted to them in accordance with the Party’s guidelines and viewpoints: “To formulate and supplement specific institutions and operational mechanisms to ensure the principle that all state power belongs to the people and the principle that state power is unified, with the assignment, coordination, and control among agencies in the exercise of legislative, executive, and judicial powers” [34]. This also creates proactivity for localities when making decisions on issues related to their interests.

- The legal system needs to be improved toward promoting decentralization and delegation of powers to local governments under the motto “localities decide, localities act, localities are responsible,” which must be placed within specific principles, requirements, and conditions. National interests and people’s interests must be prioritized, and state power must remain centralized and unified. The decentralization mechanism must be completed to ensure unity and consistency in leadership, management, and administration from the Central Government to the grassroots [35]. The current reorganization of administrative units must ensure interconnectivity, uniformity, and modernity, requiring further research and concretization of provisions on the tasks and powers of each level, particularly commune-level governments.

When more tasks and powers are decentralized or delegated, commune-level governments need to be allocated corresponding resources in order to operate effectively. It must be clearly recognized that the scale, position, and nature of commune-level governments have now changed, and resources and infrastructure must be allocated in line with their new functions and powers. A sound mechanism is needed to allow commune-level governments to participate in the recruitment of officials, civil servants, and public employees. “We must value talents, value officials, value every individual who contributes to our common work” [36]. The State should adopt special mechanisms to attract talent and high-quality human resources to work in state agencies, with preferential and commensurate policies for those with talent in public service activities, consistent with the country’s socio-economic development conditions [37], in which commune-level governments should be particularly prioritized. Decision No. 899/ PM’s Decision dated July 31, 2023, approving the National Strategy on Attracting and Utilizing Talents to 2030, with a Vision to 2050 [38], emphasizes that the cadre issue is a vital and urgent matter, especially in the current period.

In addition, special attention must be given to investing in material and financial resources so that commune-level governments have sufficient conditions to perform their authorized tasks. Currently, provincial governments remain uncertain in determining the proportion of budgetary decentralization for commune-level governments, facing shortages in the legal framework. This needs to be remedied soon with appropriate and proactive solutions to ensure reasonable budget allocation for commune-level governments in the near future. It is necessary to strengthen decentralization in management, link powers with responsibilities, implement transparency in budgeting, and enhance accountability. In the process of decentralization, practice should serve as the benchmark, accompanied by stronger supervision from competent authorities and enhanced community oversight over state budget activities.

4.2. Promoting Administrative Procedure Reform and Ensuring People’s Supervision so that Commune-Level Governments Can Proactively and Effectively Exercise Decentralized Authority

When organizations are streamlined and focal points are consolidated, administrative procedure reform must be accelerated to better serve the interests of the people and businesses. The reform of organizational structures and administrative procedures must be guided by the principle of maintaining organizational and operational discipline, emphasizing discipline and order; strictly adhering to organizational principles; and promoting activeness, initiative, and creativity of each level, sector, and locality. The responsibility of collectives and individuals, especially heads of agencies, in management must be clearly defined.

Commune-level governments must identify administrative procedure reform as a breakthrough and a central task of administrative reform in connection with the enhancement of decentralization and delegation of powers to local governments. People’s Committees at all levels must publish and make public administrative procedures, work processing procedures, processing timeframes, and fees and charges in accordance with regulations at citizen reception and result-delivery divisions. People’s Committees at all levels must assign qualified staff to work at “Public Administration Centers” and apply information technology in management and administration.

Commune-level governments must ensure mechanisms for community supervision and the people’s right to participate in governance in policy-making and the organization of functions and tasks under the motto “People know, people discuss, people do, people benefit.” Only with the consensus, participation, and supervision of the people can commune-level governments generate endogenous strength, build local resources, and proactively adapt to effectively carry out decentralized tasks and powers under current conditions and contexts.

Local resources must be encouraged and effectively utilized. Besides state budget resources, local governments must also be given conditions and mechanisms to mobilize and effectively use other resources within their territories, such as idle resources from the private economic sector, FDI capital, ODA funds, and contributions from the people. Favorable regulatory provisions on preferential policies and investment support for the development of socio-economic infrastructure must be issued to create motivation for the private sector to invest more in localities. Local governments should also engage in mobilizing preferential capital to support development investment [39].

4.3. Capacity building for commune-level officials and civil servants to enable local governments to effectively perform decentralized functions and tasks

According to the author’s survey results for this article, when assessing the practical factors that influence and play an important role in the decentralization process for commune-level governments, the factor relating to the qualifications and management capacity of the head of the agency accounted for the highest proportion (37.9%) among the six evaluated factors.

The quality of human resources always plays a decisive role in the effectiveness and efficiency of state administration. Since administration is inherently about managing people, it is essential that those in charge of management continuously improve their own capacities—a prerequisite condition. A professional public administration can only be formed on the basis of building and developing a correspondingly professional human resource system.Within the structure of Vietnam’s state administrative apparatus, the contingent of officials and civil servants is formed through various pathways, with diverse qualifications and competencies. Faced with new demands, the Party and the State need to pay special attention to training, fostering, and attracting high-quality human resources. At the same time, the State must demonstrate a political commitment to cadre affairs, ensuring not only high standards of quality but also stability and strategic vision in the training, utilization, and management of officials and civil servants. From the outcomes of the ongoing robust administrative reforms, it is necessary to avoid fragmented, short-sighted, or hasty approaches in cadre work.

Financial guarantees and conditions regarding physical and technical infrastructure for the decentralization process are both highly realistic and clearly evident. Investments in finance and facilities that ensure the functioning of commune-level governments are not only conditions but also criteria for evaluating an administration’s capacity. Without appropriate allocation, commune-level governments will lack the necessary conditions to exercise their decentralized authority effectively. In such cases, all policy efforts by local governments (CQĐP) to ensure public welfare would be difficult to translate into reality.

4.4. Application of Science and Technology as a Breakthrough in Building Digital Government Associated with the Exercise of Commune-Level Government Authority

The exercise of commune-level government authority in the coming period will be strongly influenced by the development of science and technology, digital administration, and innovation. Therefore, special attention must be given to advancing science and technology to create favorable infrastructure for government management activities.

Resolution No. 57-CC’s Resolution dated 2024 emphasized the goal that the development of science, technology, innovation, and the national digital transformation is a foremost breakthrough and the primary driving force for rapidly developing modern productive forces, improving production relations, renewing methods of national governance, fostering socio-economic development, preventing the risk of lagging behind, and propelling the country toward strong and prosperous development in the new era.

It is necessary to innovate legal thinking in order to both meet governance requirements and encourage innovation, thereby eliminating the mindset of “if it cannot be managed, it must be prohibited.” Priority must be given to ensuring a highly qualified workforce for the development of science, technology, innovation, and digital transformation nationwide, with special mechanisms and policies for talents linked to commune-level government organizations. Infrastructure development—especially digital and technological infrastructure—must be based on the principles of being “modern, synchronized, secure, safe, efficient, and avoiding wastefulness.” It is also crucial to enrich and maximize the potential of data, turning data into a principal means of production, accelerating the development of big data, data industries, and the data economy. These constitute the essential technical foundation for governments at all levels to perform their management functions. The institutional framework for decentralization must also be constructed and improved on the basis of technological infrastructure. The determination of the scope of authority of local governments (CQĐP – chính quyền địa phương) should take into account the infrastructural conditions that localities can provide in digital transformation to meet the demands of development.

5. Conclusion

In Vietnam, the two-tier local government model, when put into operation for the first time, marked a revolutionary change and a historically significant transformation. During its recent implementation, alongside the achieved results that reaffirmed the correctness of the Party’s policy and gained consensus from both the political system and the people, there still remain certain initial limitations and obstacles that need to be addressed. These difficulties mainly stem from the practical conditions and resources of localities, particularly from the capacity of commune-level governments in exercising the decentralized powers. Therefore, it is necessary to continue fostering a comprehensive understanding to build and strengthen the theoretical foundation, improve the institutional framework, ensure adequate resources, and effectively organize the functioning of local governments in the coming period.

1. Ho Chi Minh, Revise the Working Style, Youth Publishing House, Hanoi (2018).

2. Resolution No. 18-PCC’s Resolution dated October 25, 2017 of the 12th Party Central Committee on “Several issues on continuing to renovate and streamline the organizational apparatus of the political system for greater efficiency and effectiveness”.

3. Resolution No. 37-PCC’s Resolution dated December 24, 2018 of the Politburo on “Arrangement of administrative units at district and commune levels.”

4. Resolution No. 27-PCC’s Resolution dated November 9, 2022 of the 6th Plenum of the 13th Party Central Committee on “Continuing to build and improve the socialist rule-of-law State of Viet Nam in the new period”.

5. Conclusion No. 48-PCC’s Conclusion dated January 30, 2023 of the Politburo on “Continuing the arrangement of administrative units at district and commune levels” for the period 2023–2030.

6. Conclusion No. 126-PCC’s Conclusion dated February 14, 2025 of the Politburo and the Secretariat on “Several contents and tasks for continuing to streamline the organizational apparatus of the political system in 2025”.

7.Conclusion No. 127-PCC’s Conclusion dated February 28, 2025 of the Politburo and the Secretariat on “Implementing research and proposals for further arrangement of the organizational apparatus of the political system”.

8. Conclusion No. 130-CC’s Conclusion dated March 14, 2025 of the Politburo and Secretariat on “The number of provincial-level administrative units after reorganization”.

9Tran Van Ngoi, “Scientific basis for building the organizational model of government in special economic-territorial administrative units”, Ministerial-level Scientific Project, Ha Noi, p.15 (2018).

[*] PhD, Senior Lecturer, Deputy Head of Faculty of Law – Vinh University; Tel: 0916510185, Email: nvdaikl@gmail.com

[1] NGUYEN VAN DAI, “DECENTRALIZATION OF STATE ADMINISTRATIVE MANAGEMENT IN VIETNAM TODAY”, Vietnam National University Publishing House, p.56 (2020).

[2] Message of General Secretary To Lam at the Politburo and Secretariat meeting on the morning of July 4, 2025, commenting on the implementation of the Central Committee’s Resolutions and the Politburo’s Conclusions on reorganizing the apparatus and administrative units; on the report of implementation results of Resolution No. 18 dated October 25, 2017 of the 12th Party Central Committee from November 2024 to July 2025.

[3] Tran Thi Dieu Oanh, National Academy of Public Administration, “Local government in the 2013 Constitution, the Law on Organization of Local Government and the 13th National Congress Resolution of the Party”, https://moha.gov.vn/tintuc/Pages/listbnv.aspx?Cat=737&ItemID=42327.

[4] Conclusion No. 121-CC’s Conclusion dated January 24, 2025 of the 13th Party Central Committee on reviewing Resolution No. 18-CC’s Resolution; Resolution No. 60-CC’s Resolution dated April 12, 2025 of the 11th Plenum of the 13th Party Central Committee; Conclusion No. 137-CC’s Conclusion dated March 28, 2025 of the Politburo and Secretariat on the Scheme to reorganize administrative units at all levels and build a two-tier LG model; Conclusion No. 155-CC’s Conclusion dated May 17, 2025 of the Politburo and Secretariat on key tasks to be focused on regarding reorganization of the apparatus and administrative units from now until June 30, 2025; Conclusion No. 157-CC’s Conclusion dated May 25, 2025 of the Politburo on implementation of the Central Committee and Politburo’s resolutions and conclusions on reorganization of the apparatus and administrative units; Conclusion No. 167-CC’s Conclusion dated June 13, 2025 of the Politburo and Secretariat on the policy to reorganize the apparatus and administrative units, to be implemented simultaneously at provincial and commune levels from July 1, 2025.

[5] (1) The Central Committee focuses on macro management, institutional building, strategies, planning, and synchronous, unified plans, playing the role of creator and strengthening inspection and supervision; decentralizing and delegating clearly, reasonably, and sufficiently the tasks currently undertaken by the Central Committee to local governments, in accordance with the spirit of “localities decide, localities implement, localities take responsibility”; (2) Promoting decentralization, delegation, and clear distinction between the general authority of the People’s Committee and the specific authority of the Chairperson of the provincial- and commune-level People’s Committees in order to enhance the role and responsibility of heads of agencies and organizations at all levels (avoiding situations of shirking, delay, or indiscriminate requests for opinions); (3) Reviewing and implementing decentralization and delegation across related sectors and fields

[6] Plan No. 40/KH-SCDC dated April 19, 2025 of the Steering Committee of the Government; Plan No. 447/KH-Gov dated May 17, 2025 of the Government on developing Gov’t Decrees on decentralization, delegation, and delineation of authority associated with the implementation of the two-tier LG model; Decision No. 608/PM’s Decision dated March 15, 2025 of the Prime Minister on promulgating the plan for implementing tasks and solutions to promote decentralization and delegation in accordance with the Law on Organization of the Government and the Law on Organization of Local Government; Decision No. 759/PM’s Decision dated April 14, 2025 of the Prime Minister approving the Scheme on reorganizing administrative units at all levels and building the two-tier LG model.

[7] Le Minh Thong, Hoang Van Dong, “Some theoretical and practical issues on decentralization and delegation in the state apparatus in Vietnam today”, State Management Journal, https://www.quanlynhanuoc.vn/2024/06/04/mot-so-van-de-ly-luan-va-thuc-tien-ve-phan-cap-phan-quyen-trong-bo-may-nha-nuoc-o-viet-nam-hien-nay/

[8] Nguyen Cuu Viet, “Decentralization and delegation between the Central Government and local governments in Vietnam”, Monograph: State Management Decentralization, People’s Public Security Publishing House, pp.386–388 (2011).

[8] Pham Hong Thai, Nguyen Dang Dung, Nguyen Ngoc Chi (Co-editors), Monograph: State Management Decentralization, People’s Public Security Publishing House, pp.34–35 (2011).

[9] World Bank (2006). Making Poverty Reduction Strategy Paper Inclusive. http://documents.worldbank.org/curated/en/591511520425305241/Making-PRSP-inclusive.

[10]Vu Cong Giao, “Some theoretical issues on good governance”, Journal of State Organization and Labor (2017). https://tcnn.vn/news/detail/36119/Mot_so_van_de_ly_luan_ve_quan_tri_totall.html

[11] Marks, G., "Structural Policy and Multilevel Governance in the EC." In: CAFRUNY & ROSENTHAL (EDS.), THE STATE OF THE EUROPEAN COMMUNITY. LYNNE RIENNER (1993)

[12] Nguyen Huu Hai, “Decentralization and delegation in the organization and operation of local government in Vietnam today”, Journal of Political Theory, No. 11 (2016).

[13] Le Thi Anh Tuyet, “Multilevel governance and suggestions for reforming the organizational apparatus of local government in Vietnam”, Journal of Political Science (2019).

[14] Pham Hong Thai, Nguyen Dang Dung, Nguyen Ngoc Chi (Co-editors), ibid., pp.14–15.

[15]Pham Hong Thai, Nguyen Dang Dung, Nguyen Ngoc Chi (Co-editors), ibid., p.15.

[16] Pham Hong Thai, Nguyen Dang Dung, Nguyen Ngoc Chi (Co-editors), ibid., p.15.

[17] Pham Hong Thai, Nguyen Dang Dung, Nguyen Ngoc Chi (Co-editors), ibid., p.15.

[18] [18] Ministry of Justice, Report No. 71-Rep./PU dated July 31, 2025 on the preliminary assessment of the feasibility of implementing delegated, decentralized tasks and powers, and the delineation of authority of local governments.

[19] Resolution No. 1678/Res.-SCNA15 dated June 16, 2025 on the arrangement of commune-level administrative units of Nghe An Province in 2025.

[20] See: Report of the Ministry of Education and Training at the seminar on the organization and management of commune-level education after the restructuring of the local government apparatus held on the afternoon of August 2, 2025.

[21] Ministry of Justice, Report No. 71-Rep./PU dated July 31, 2025 on the preliminary assessment of the feasibility of implementing delegated, decentralized tasks and powers, and the delineation of authority of local governments.

[22] The organization and coordination of research activities, the application of advanced statistical methods in state statistical activities under Clause 3, Article 50 of the Law on Statistics shall be carried out by the Head of the national statistical office.

[23] The contents proposed for decentralization relate to detailed regulations on Tax Administrative Procedures (TAP), tax declaration dossiers, deadlines for submission, places of submission, tax debt management (including the authority to decide on large debt write-offs of 15 billion VND or more and regulations on debt rescheduling), and electronic invoice services – technical and professional issues in the field of tax administration aimed at enhancing flexibility and efficiency in tax management enforcement.

[24] 71 delegated, decentralized tasks and delineated authorities must be ensured with sufficient resources and staffing for implementation.

[25] 208 delegated and decentralized tasks require: clearer regulations on procedures, with specific and sufficient guidance plans in necessary cases or upon request of local levels; sufficient funding, staffing, or technological conditions must be guaranteed.

[26] Report No. 18/Rep.-DLND/ALP dated June 17, 2025 of the Department of Legal Normative Document Development (DLND), Ministry of Justice.

[27] Handling applications for registration of contracts for the transfer of industrial property rights; recording amendments to content, extensions, early terminations of contracts for the transfer of industrial property rights; issuing duplicates of protection titles (except in cases where duplicates are requested by co-owners at the time of filing for industrial property rights registration) and re-issuing protection titles/duplicates of protection titles; issuing duplicates, re-issuing certificates of registration of contracts for the transfer of industrial property rights.

[28] Article 1, Law on Organization of Local Government 2025. Currently, Vietnam has 13 Special Administrative-Economic Zones (SAEZ) organized in archipelagos and islands of Vietnam, including: Van Don, Co To, Cat Hai, Bach Long Vi, Con Co, Ly Son, Hoang Sa, Trường Sa, Phu Quy, Con Dao, Kien Hai, Phu Quoc, Tho Chau.

[29] Tran Ngoc Duong, “Building local government under the 2013 Constitution,” Communist Review (online), (March 1, 2021) https://www.tapchicongsan.org.vn/web/guest/chinh-tri-xay-dung-dang/-/2018/821640/xay-dung-chinh-quyen-dia-phuong-theo-hien-phap-nam-2013.aspx

[30] Ha Noi, Dak Lak, Thai Nguyen, Lang Son, An Giang, Hue,…

[31] Ministry of Justice, Report No. 71-Rep./PU dated July 31, 2025 on the preliminary assessment of the feasibility of implementing delegated, decentralized tasks and powers, and the delineation of authority of local governments.

[32] Kieu Trinh (Deputy Head of Local Government Development Division, Department of Home Affairs of Nghe An Province), “Initial results of the two-tier local government in Nghe An Province,” Newsletter of the Nghe An Provincial Party Committee, August (2025).

[33] Communist Party of Vietnam, Documents of the 11th National Congress, National Political Publishing House, Ha Noi, pp. 247, 248 (2011).

[34] Communist Party of Vietnam, Documents of the 11th National Congress, National Political Publishing House, Ha Noi, pp. 309, 310 (2016).

[35] Ho Chi Minh, Reforming Working Methods, Youth Publishing House, pp. 80, 81, 82 (2018).

[36] See also Article 4, Article 5 of the Law on Cadres and Civil Servants 2025.

[37] Anh Cao, Ministry of Home Affairs drafts and submits to the Government a Decree (Gov’t Decree) on policies for attracting and employing talents, https://moha.gov.vn/thanh-nien/tin-tuc/Pages/listbnv.aspx?CateID=34&ItemID=810,

[38] Nguyen Van Quang (Academy of Politics Region III), “Local governance model in Vietnam – Current situation and some reform orientations,” State Management Journal, No. 6 (2024) https://www.quanlynhanuoc.vn/2024/06/13/mo-hinh-quan-tri-dia-phuong-tai-viet-nam-thuc-trang-va-mot-so-dinh-huong-cai-cach/.