Issues in decentralized governance for commune-level government under the two-tier local government model in Viet Nam

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[1]. 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”[2]. 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 governments, and ensuring more responsive and accountable local administration in Vietnam’s future governance landscape.

Keywords: Decentralized governance, Commune government, Two-tier local government, Vietnam.

1. Introduction

“Local government refers to state institutions or self-governing bodies of a territorial community, endowed with the legal personality of public authority, established in a constitutional and lawful manner to manage and administer all aspects of state and social life within an administrative–territorial unit of a country, The three-tier local government model in Vietnam had been organized and operated for a long period—from the 1946 Constitution up to the 2013 Constitution. Consequently, elements of this administrative structure continue to exert a significant influence on the operating mechanism of the current two-tier local government model. For this reason, the operational mechanism of the model, as well as the process of decentralization and devolution to the commune-level government, will inevitably encounter confusion, difficulties, and inconsistencies. In practice, the expectations and objectives set by the Central Government are difficult to fulfill in a short period, given the current state of local resources.

To date, the Central Government has reviewed the implementation of Resolution No. 18-NQ/TW [4], which directs the restructuring of administrative and local government organizations in association with decentralization and devolution, following the principle of “local decisions, local implementation, and local accountability.” The policy emphasizes thorough delegation of powers to localities in a manner consistent with overall national interests. In Conclusion No. 155-KL/TW, dated May 17, 2025, concerning key tasks to be prioritized in reorganizing administrative structures and local government units up to June 30, 2025, the Central Government requires that the implementation of decentralization and devolution must adhere to several fundamental principles that clearly delineate the respective powers of central and local authorities [5].

At the same time, the Central Government has also directed the regular supervision of central-level agencies to ensure that assigned tasks are implemented on schedule and with efficiency. In addition, in order to lead and direct the reform of lawmaking and law enforcement activities to meet the requirements of national development in the new era, the Central Government issued Resolution No. 66-NQ/TW dated April 30, 2025.

In recent years, Vietnam has urgently improved its legal framework on decentralization, delegation of powers, and the delineation of authority, thereby promptly institutionalizing the Party’s guidelines and orientations. The Government has also focused on communication and dissemination efforts to ensure consistency in awareness and action, demonstrating a strong political determination and fostering broad consensus in promoting thorough decentralization and delegation of authority between central and local state agencies, and between provincial and commune-level governments. This process aims to enhance the initiative and creativity of local governments at all levels, unlocking all potential resources for local development.To prepare for the operation of the two-tier local government model, the State has promulgated numerous plans, decisions, and documents to guide and direct the reorganization of administrative structures in conjunction with the strengthening of decentralization and delegation of powers [6]. However, the practical implementation process has encountered numerous difficulties. The time during which the two-tier local government model has been in operation is not yet sufficient for a comprehensive review and assessment. Nevertheless, through surveys and analysis, it is possible to objectively identify several emerging issues that require timely resolution.

The political and legal foundations have been fairly comprehensive and clear, accompanied by strong determination and decisive actions from all levels of government to address existing shortcomings and practical difficulties. Within the scope of this study, the author focuses on analyzing the challenges and limitations in the exercise of authority by commune-level governments under the decentralization mechanism. On this basis, it is essential to consolidate the theoretical foundations, improve the institutional framework, policies, and laws, and strengthen local resources to ensure the effective exercise of commune-level government authority in the new context and conditions.

2. Perspectives and principles of decentralized governance for local authorities

From a theoretical standpoint, there remain divergent views on decentralization and devolution. Some scholars argue that, in Vietnam, the essence of decentralization lies in the vertical delegation of powers, corresponding to the concept of decentralization in public administration theory. Accordingly, the substance of decentralization is to assign specific tasks and authorities to each level of government and each component within the administrative apparatus to manage certain affairs independently [7].

The author contends that decentralized governance refers to the transfer of duties and powers from higher to lower levels of government to perform state management functions on a regular, stable, and legally grounded basis, thereby enhancing administrative efficiency and ensuring compliance with governance principles. Decentralized governance is often accompanied by administrative simplification, digital transformation (e-government), and institutional streamlining. As a result, public services become more efficient, and citizens and enterprises gain quicker and more transparent access to administrative procedures. Strengthening the authority of commune-level governments is therefore an essential step toward building a service-oriented and accountable administration that better serves the people by simplifying processes and procedures in addressing public interests [8].

Decentralized governance represents an inevitable trend in developing a modern administrative system—one that transitions from a model of administrative management to governance and good governance. It enhances the initiative of local governments while maintaining the unified direction of the central government. Empirical research indicates, however, that decentralization produces varying impacts across contexts [9].

Furthermore, it is essential to develop a more comprehensive understanding of modern state governance theories and models of authority delineation that are compatible with each nation’s political regime. Governance is a routine activity conducted across various types of organizations - from small entities and enterprises to local governments and national administrations. This demonstrates that governance is an indispensable element of social life. Governance is understood as the authority of an individual, group, or organization to establish rules and regulations, while simultaneously guiding, directing, compelling, or supervising others to ensure compliance. In practice, the term “governance” is primarily associated with the organization and functioning of the state apparatus - that is, national or state governance [10]. In the context of national governance, some studies distinguish between national governance and local governance. Although they share common principles, each level possesses distinctive characteristics [11].

In an increasingly globalized world where public affairs are becoming more complex, the traditional governance model—where power is primarily concentrated in the central government—has gradually revealed its limitations.Instead, many countries have adopted the Multilevel Governance (MLG) model to enhance the flexibility, efficiency, and adaptability of their administrative systems [12]. This is not merely a theoretical concept but also a reflection of practical governance trends observable in numerous nations, including Vietnam. The theory of multilevel governance serves as a useful analytical and organizational tool for restructuring public governance systems toward greater modernity, flexibility, and effectiveness. As public issues increasingly exhibit multidimensional characteristics that transcend the capacity of a single level of government to resolve, MLG has emerged as an inevitable trend [13]. For Vietnam, researching and effectively applying this theory will contribute to improving the efficiency of state governance, strengthening grassroots democracy, and unlocking the developmental potential of localities [14].

On the perspectives and principles of decentralized governance for local authorities

- It is essential to thoroughly grasp 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 at the same time promoting the autonomy and accountability of local governments in performing state administrative tasks within their jurisdictions in accordance with the law [15]. This principle derives from the fundamental nature of a unitary state structure, in which state power in Vietnam is organized based on the principle of centralization and unity, reflected through the division and coordination among the legislative, executive, and judicial branches.

- The implementation of decentralized governance must also strictly adhere to the principle of close coordination between territorial administration and sectoral administration, with a clear distinction between the administrative responsibilities of ministries and sectors and those of local governments [16]. Under the commonly applied approach, decentralization and devolution can take place by territory (between the central government and local authorities) or by sector (according to functional domains such as personnel management). Therefore, when defining the scope of authority for local governments, there must be tight coordination and consistency with sectoral and functional decentralization.

- The principle of efficiency must be ensured: whichever level of government is closer to reality, more responsive, and better able to meet the needs of organizations and citizens should be assigned the corresponding responsibilities. Decentralization must specify clear tasks, clear jurisdiction, and clear accountability, linked to the functions and duties of each level of government [17]. In state administration, certain matters—such as national defense, security, and foreign affairs—must remain under centralized control by the central government, while many other areas achieve higher efficiency when authority and responsibilities are transferred to local governments. This principle becomes particularly crucial in the context of administrative streamlining and reduction of intermediary bureaucratic layers, as it facilitates administrative reform and enables more timely service delivery to citizens.

- Decentralization must be aligned with the socio-economic development level of each period, the specific characteristics of each sector, region, and locality, as well as with the conditions and development potential of urban and rural areas, in line with regional and international integration trends [18]. Furthermore, decentralization must ensure correspondence between assigned tasks, authority, and accountability, on the one hand, and available financial, human, and institutional resources, on the other. Promoting regional and local distinctiveness serves as an important driving force for fostering diverse yet unified development. When the central government delegates greater authority, it must simultaneously increase resource allocation to provide localities with the means to exercise that authority effectively.

- decentralization must be implemented in a synchronized and coherent manner within the overall institutional and legal framework, in conjunction with reforms in governance mechanisms and guarantees for the autonomy and accountability of grassroots authorities. For matters that have already been decentralized, provincial governmentsbear responsibility for organizing and implementing them, while central ministries and agencies are responsible for supervision, guidance, and inspection. If any violations or inconsistencies with sectoral or regional development plans are detected, they shall be handled in accordance with the law and within their respective competences.

3. Challenges and limitations in decentralized governancefor commune-level government under the two-tier local government model in Viet Nam

3.1. Inadequate administrative capacity of commune-level government to exercise decentralized powers

After the two-tier local government model was put into operation, the functions and powers of local governments underwent significant changes, clearly reflecting a stronger mechanism of decentralization and devolution of authority to local governments, particularly to the commune-level government [19].

Accordingly, when the district-level government ceased its operation, most administrative powers were transferred to the commune-level government. These include several specialized areas in which commune-level governments previously had no decentralized authority and no appointed civil servants in charge, such as education and training, healthcare, land management, judicial affairs involving foreign elements, and internal affairs. This situation is particularly challenging for communes that retained their administrative status in mountainous regions, which are geographically vast and resource-constrained. n Nghệ An Province, after the administrative reorganization, there are 130 commune-level administrative units, of which nine communes — such as Mỹ Lý, Bắc Lý, and Mường Lống (formerly under Kỳ Sơn District) [20] - were not subject to the restructuring. These are all highland communes with large territories, predominantly inhabited by ethnic minorities, and facing significant difficulties in infrastructure and resources. Commune-level governments in such disadvantaged areas have encountered numerous obstacles in performing their administrative functions under the decentralized governance mechanism delegated by the central and provincial governments.

- In the field of education and training: The dissolution of the district-level administrative unit resulted in the direct transfer of state management responsibilities over preschools, primary schools, and lower secondary schools to commune-level governments. After a period of operating under the two-tier local government model, the current staffing at the commune level merely meets quantitative requirements - “filling the positions” - without sufficient consideration for the quality or appropriateness of personnel.

According to statistics from the Ministry of Education and Training, 302 out of 1,000 commune-level education officers surveyed do not possess any qualifications related to education. In fact, many commune-level education administrators hold degrees in fields entirely unrelated to education, such as land management or animal husbandry engineering. Other qualifications among this group include civil engineering, food industry studies, accounting, and business administration....nformation from localities indicates that only about 20–30% of commune-level education administrators have professional qualifications or prior work experience in the education sector. Under current regulations, each Division of Culture and Society (Phòng Văn hóa – Xã hội) is allowed a maximum of two civil service positions responsible for education and training affairs. With a total of 3,321 communes, wards, and special administrative units after the administrative reorganization, it is estimated that more than 6,000 commune-level civil servants nationwide are required for this position. However, to date, the assignment and organization of specialized sections under commune-level People’s Committees, particularly the staffing of civil servants in charge of education and training, remain inconsistent with job descriptions and existing staffing norms. The number, qualifications, and professional competence of personnel are insufficient to meet the operational requirements of the education sector. According to the same statistics, only a few provinces and centrally governed cities - such as Hanoi and Ho Chi Minh City - have managed to allocate 2–3 commune-level education administrators, while most localities have only one, and some have none at all [21].

- In the field of justice: The authority over judicial affairs involving foreign elements has been decentralized to the commune-level government, including procedures such as registration of changes or corrections to civil status records, marriage registration, and adoption registration involving foreign nationals. However, commune-level authorities face difficulties in identifying subjects and ensuring the legal validity of documents under the strict requirements of judicial management concerning foreigners.The establishment of a two-tier local government model has introduced numerous new and unprecedented administrative tasks, many of which must be carried out under tight timelines, creating considerable challenges in the performance of judicial duties - particularly given the frequent personnel changes among commune-level justice and civil status officers.

- Certain tasks of a specialized or highly technical nature in various sectors: Ministries and ministerial-level agencies have conducted research and assessments to propose appropriate decentralization, devolution, and delineation of authority, ensuring both feasibility and alignment with the Party’s orientations, policies, and the directives of competent authorities,... Local governments are responsible for implementing tasks directly related to citizens and enterprises, issuing legal documents to organize the enforcement of laws within their jurisdiction, carrying out decentralized and delegated functions, and making decisions on local matters as prescribed by law;...Given the large workload, complex nature of tasks, and tight implementation timelines, the process of comprehensive decentralization and devolution - carried out concurrently with the restructuring of the governmental apparatus - has inevitably led to certain assignments being less than fully rational or appropriately designed.

The assessment of the implementation of authorities across different levels of government regarding the execution of 932 assigned tasks and powers is categorized into three groups as follows [22]

Accordingly, many tasks and powers require the supplementation of conditions to ensure effective implementation - such as clearer regulations on procedures and processes; adequate financial resources; additional staffing and human resources that are both sufficient in number and qualified in competence; and improved physical infrastructure, technological equipment, and databases... For instance, certain tasks and powers that have been delegated or decentralized in the fields of statistics [23], tax administration [24], justice [25], and industry and trade [26] require further institutional and resource-based support. Given the substantial workload assigned to local governments at all levels, additional expenses may arise for training programs, professional guidance, retraining, and capacity-building activities for officials and civil servants performing these delegated and decentralized functions [27]... The Ministry of Science and Technology has evaluated that, among the four delegated tasks in the field of science and technology [28], the handling of industrial property procedures at the local level remains challenging due to limited dissemination, insufficient personnel with expertise in handling protection titles and licensing contracts, and inadequate information technology infrastructure. Moreover, given the high level of specialization required, local human resources are often unable to meet professional standards. In addition, the organization of each examination involves considerable costs; therefore, if such examinations were decentralized for all localities to conduct individually rather than centrally, effective implementation would be extremely difficult.

3.2. Decentralized governance remains overly uniform, lacking differentiation between the practical management needs of commune-level governments in urban areas and those in mountainous or rural regions

At present, decentralization in Vietnam tends to be implemented in an overly broad and uniform manner, without sufficient consideration of local characteristics. In practice, commune-level governments (including communes, wards, and special administrative zones) [29] differ substantially in terms of scale, resources, and the administrative capacity of their civil servants. Consequently, their ability to effectively exercise delegated authority also varies significantly. For commune-level governments in remote, border, or mountainous areas - where resources are scarce, populations are predominantly ethnic minorities, and geographical conditions are challenging - the feasibility of decentralizing certain specialized administrative functions such as education, healthcare, science, and natural resource management is extremely limited. In the field of judicial administration involving foreign elements, complex and sensitive factors often arise in border areas, which may lead to legal and political security issues.

Currently, the decentralization and delineation of responsibilities and powers for local governments lack sufficient flexibility based on the actual capacity, qualifications, and institutional infrastructure of each locality. This results in a one-size-fits-all approach, whereby decentralization is implemented uniformly across all local governments regardless of disparities in local capability. Localities with greater administrative capacity and favorable conditions should, in principle, be granted broader powers and responsibilities, while those facing greater constraints should be assigned fewer functions in accordance with their capacity.

The decentralization process has not been closely aligned with the requirement that agencies and local authorities continue to renew their organizational mindset and operational practices, so as to meet the broader goal of restructuring the political system’s organizational apparatus. In practice, the ongoing decentralization to commune-level governmentshas not sufficiently focused on the objective of administrative procedure reform to facilitate services for citizens and businesses. Nor has it effectively eliminated redundant or outdated tasks that are no longer compatible with the two-tier local government model. Instead, decentralization has largely taken the form of a mere transfer of duties and powers from one level of government to another, without substantive reform.

In remote and mountainous areas, the telecommunications infrastructure and information technology equipment remain inconsistent and underdeveloped, making it difficult for newly established administrative units to operate efficiently. Many localities still face significant deficiencies in digital infrastructure and electronic information systems serving residents and enterprises, with major challenges in upgrading and implementing such systems. This reality has a substantial impact on the exercise of administrative authority by commune-level governments in rural and mountainous regions, as compared to those in urban areas with more advanced infrastructure.

3.3. Lack of synchronization between the decentralization of authority and the allocation of resources to commune-level governments for exercising duties and powers

Practical experience indicates that many tasks under the authority of the Central Government are delegated to localities for implementation, yet the assignments are often made without providing the necessary conditions for their execution [30]. Historically, Vietnam has faced significant limitations due to the lack of synchronization between the decentralization of authority (tasks and powers) and the allocation of resources. The entities granting authority and decentralization have often been hesitant to transfer sufficient financial and human resources to the entities receiving these responsibilities. This issue stems fundamentally from the nature of power and vested interests. Under the current two-tier local government model, commune-level governments have been entrusted with numerous tasks and powers; however, in practice, resources have not been allocated appropriately to support their effective exercise.

The allocation of human resources, material resources, and the necessary conditions for implementation must be assessed and determined based on the quantity and workload of tasks and powers delegated through decentralization of authority. At the same time, cadres and civil servants must undergo training and capacity building to enhance their competencies. In some localities, the assignment of civil servants to carry out specialized tasks still faces difficulties, with numbers often inadequate relative to the nature and workload of the tasks. Many areas lack personnel with professional expertise in fields such as science and technology, land administration, finance, and justice [31],…In certain provinces and cities, the allocation of commune-level judicial and civil status civil servants remains insufficient. For example, in Hue City, prior to administrative reorganization, there were approximately 300 judicial and civil status civil servants at the commune level, whereas currently there are only 185 civil servants (61.6%). Many communes and wards have only one civil servant, despite the substantial workload [32].

The information technology infrastructure in many localities remains inadequate; the databases of localities and certain central ministries and sectors are not yet ensured to be “accurate, complete, clean, up-to-date, consistent, and shared,” and therefore do not facilitate the smooth implementation of online administrative procedures.

The operating budget of commune-level governments mainly depends on higher-level budgets and lacks autonomy in revenue generation; the demand for funding for new construction, repairs, and procurement of work-related equipment is substantial. In Nghệ An province, there is a shortage of 151 shared-use vehicles for commune-level governments, and the province has not been able to allocate funds for procurement (approximately VND 211 billion). The implementation of swapping (transferring) headquarters and public service facilities between units still encounters obstacles regarding land-use planning and construction planning. To date, the Ministry of Agriculture and Environment has issued Official Letter No. 3099/BNNMT-QLĐĐ dated June 13, 2025, providing guidance; however, this document merely cites the provisions in Point h, Clause 3, Article 3 of Decree No. 03/2025/ND-CP dated January 1, 2025, on the reorganization and handling of public assets, including houses and land, without specific instructions for localities on managing assets after the two-tier local government model becomes operational [33].

4. Solutions to ensure decentralized governance and enhance the organization and operation of commune-level government in the two-tier.local government model in Vietnam

4.1. Raising awareness and continuing to improve the legal framework, ensuring a balance between decentralized powers and resource allocation for commune-level government

- Local governments at all levels must effectively perform the tasks and exercise the powers assigned in accordance with the Party’s guidelines and viewpoints: “Developing and supplementing specific institutional frameworks and operational mechanisms to ensure the principle that all state power belongs to the people, and the principle that state power is unified, with clear division of labor, coordination, and control among agencies in exercising legislative, executive, and judicial powers” [34]. This also grants localities greater autonomy in making decisions on matters related to their own interests.

- The legal system needs to be improved in a way that strengthens decentralization and delegation of authority to local governments according to the principle of “localities decide, localities implement, localities are responsible,” while being framed within specific principles, requirements, and conditions. National interests and the interests of the people must be prioritized, and state power must remain centralized and unified. Mechanisms for decentralization should be perfected to ensure consistency and smoothness in leadership, management, and administration from the central to the grassroots level [35]. The current reorganization of administrative units, aimed at ensuring interconnectedness, consistency, and modernity, requires further study and the concretization of regulations as well as the tasks and powers of each level, especially of commune-level government.

- When tasks and powers are increasingly decentralized and delegated, commune-level government must be allocated corresponding resources to operate effectively. It is important to recognize that the scale, position, and nature of commune-level government have changed, and resource and infrastructure conditions must be allocated appropriately to match the new functions and authorities. A proper mechanism is needed to allow commune-level government to participate in the recruitment of officials, civil servants, and public employees. “We must value talent, value officials, value every person who contributes to our common work” [36]. The State has special mechanisms to attract talented and high-quality human resources to work in state agencies, with policies that reward and appropriately compensate individuals with talent in public service, in line with the country’s socio-economic development conditions [37], with particular priority given to commune-level government. Decision No. 899/QĐ-TTg dated 31 July 2023 approves the national strategy for attracting and utilizing talent through 2030, with a vision to 2050 [38]. The issue of personnel is crucial and especially urgent in the current period.

In addition, special attention must be given to investing material and financial resources in commune-level government so that it has sufficient conditions to perform its tasks within its authority. Currently, provincial-level government still faces difficulties in designing the proportion of budget decentralization for commune-level government, and there is a lack of legal framework. This issue needs to be addressed promptly, with appropriate and proactive measures to ensure reasonable allocation of budget resources to commune-level government in the near future. Management decentralization should be strengthened, linking authority with responsibility, implementing budget transparency, and enhancing accountability. In the process of decentralization, practical realities must serve as the benchmark, accompanied by strengthened oversight from competent authorities and increased community supervision of public budget activities.

4.2. Promoting administrative procedure reform and ensuring citizen oversight.for commune-level government to proactively and effectively exercise decentralized authority

Once the organizational structure is streamlined and centralized, administrative procedure reform must be intensified to better serve the interests of citizens and businesses. The implementation of organizational innovation and procedural reform must adhere to the following principles: uphold organizational and operational rules while emphasizing discipline and order; strictly follow organizational principles; foster proactivity, initiative, and creativity at every level, sector, and locality; and clearly define the responsibilities of collectives and individuals, especially the heads, in management.

Commune-level government must regard administrative procedure reform as a breakthrough measure and a key task of administrative reform, closely linked with the strengthening of decentralization and devolution of authority. People’s Committees at all levels shall publicly announce and disclose administrative procedures, work resolution processes, timeframes, fees, and charges in accordance with regulations so that organizations and citizens are informed at reception units and when receiving administrative results from the People’s Committee. People’s Committees at all levels need to assign personnel with adequate professional qualifications to work at “Public Service Centers,” … and apply information technology in management and administration.

Commune-level government must ensure community oversight mechanisms and citizens’ rights to participate in policymaking and in organizing the execution of functions and tasks, following the principle of “People know, people discuss, people act, people benefit.” Only with public consensus, participation, and supervision can commune-level government build internal strength, mobilize local resources, and proactively adapt to effectively exercise its powers and responsibilities under current conditions and context.

It is necessary to encourage and establish mechanisms for the efficient use of local resources. In addition to state budget funds, local authorities should be provided with conditions and mechanisms to mobilize and effectively utilize other resources within their jurisdiction, such as idle resources from the private sector, FDI capital, ODA, and contributions from citizens. Favorable regulations on preferential policies and support for investment in socio-economic infrastructure need to be issued to motivate the private sector to invest more locally. Local authorities should also participate in mobilizing preferential capital to support development investment [39].

4.3. Enhancing the capacity of commune-level officials and civil servants to enable effective exercise of decentralized functions and tasks

In the survey conducted by the author for this study, when assessing the practical factors that influence and play a significant role in the process of decentralized governance for commune-level government, the factors related to the qualifications and management capacity of the heads of agencies 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 management, and since management is inherently linked to human resources, it is a prerequisite that the management subjects themselves continuously enhance their capacities. A professional public administration can only be established on the basis of building and developing a correspondingly professional human resource pool. Within the structure of Vietnam’s state administrative apparatus, this workforce has been formed through various channels, resulting in a wide diversity of qualifications and competencies. Given the new requirements, the Party and the State need to pay particular attention to training, fostering, and attracting high-quality human resources. Moreover, the State must demonstrate a political commitment to personnel management, emphasizing quality while also maintaining stability and strategic planning in the training, utilization, and management of officials and civil servants. Based on the results of the current strong reform efforts, in the coming period, the State must avoid ad hoc measures, lack of strategic vision, or hasty thinking in personnel management.

Financial support and the provision of technical and infrastructural conditions for the decentralization process are both highly practical and clearly defined. Investment in finances and the equipping of physical infrastructure to ensure the operation of commune-level government serves not only as a prerequisite but also as a benchmark for evaluating the capacity of public administration. Without appropriate allocation, commune-level government will lack the necessary conditions to effectively exercise its delegated powers. Consequently, any policy efforts aimed at serving the people would be difficult to materialize.

4.4. Applying science and technology as a breakthrough in building digital government linked to the exercise of powers by commune-level government

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

Resolution No. 57-NQ/TW of 2024 emphasizes that the development of science, technology, innovation, and national digital transformation is a top-priority breakthrough and a key driver for rapidly advancing modern productive forces, improving production relations, innovating national governance methods, promoting socio-economic development, preventing the risk of falling behind, and achieving rapid and prosperous national growth in the new era.

Legal drafting must be reoriented to meet management requirements and encourage innovation, eliminating the mindset of “if it cannot be managed, prohibit it.” Attention should be given to ensuring a highly qualified workforce for science, technology, innovation, and national digital transformation, including special mechanisms and talent policies linked to the organization of commune-level government. Infrastructure development, especially digital and technological infrastructure, should follow the principles of being modern, synchronized, secure, safe, and efficient, while avoiding waste. Data must be enriched and fully exploited as a key production resource, promoting the rapid development of large databases, data industries, and the data economy. This provides an essential technical foundation for all levels of government to perform their management functions. The decentralization framework also needs to be constructed and perfected based on technological infrastructure. In determining the scope of powers for commune-level government, local authorities’ capacity to meet digital infrastructure requirements for governance must also be taken into account in line with development needs.

5. Conclusion

n Vietnam, the two-tier local government model was implemented for the first time as a revolutionary change and a historically significant transition. During its initial period of operation, alongside the achieved results—which have affirmed the correctness of the policy and gained consensus from the entire political system and the public—there have also been various initial limitations and obstacles that need to be addressed. These difficulties and obstacles mainly stem from practical conditions and resource constraints at the local level, particularly the capacity of commune-level government in exercising the powers devolved through decentralization. Therefore, it is necessary to continue fostering a comprehensive understanding to build and strengthen the theoretical foundation, perfect the institutional framework, ensure adequate resources, and effectively organize the operation of the government apparatus in the forthcoming period.

1. Ho Chi Minh, Reforming Work Style, Thanh Nien Publishing House, Hanoi (2018).

2. Resolution No. 18-NQ/TW dated October 25, 2017 of the Central Committee of the Communist Party of Vietnam, XIIth tenure, on “Some issues of continuing to innovate and reorganize the political system apparatus in a streamlined, effective, and efficient manner.”

3. Resolution No. 37/NQ-TW dated December 24, 2018 of the Politburo on “Reorganizing administrative units at district and commune levels.”

4. Resolution No. 27-NQ/TW dated November 9, 2022 of the 6th Conference of the Central Committee of the Communist Party of Vietnam, XIIIth tenure, on “Continuing to build and perfect the Socialist Rule-of-Law State of Vietnam in the new period.”

5. Conclusion No. 48-KL/TW dated January 30, 2023 of the Politburo on “Continuing to implement the reorganization of district- and commune-level administrative units” for the period 2023–2030.

6. Conclusion No. 126-KL/TW dated February 14, 2025 of the Politburo and the Secretariat on “Some contents and tasks for continuing to streamline and reorganize the political system apparatus in 2025.”

7. Conclusion No. 127-KL/TW dated February 28, 2025 of the Politburo and the Secretariat on “Implementing research and proposals for continuing to reorganize the political system apparatus.”

8. Conclusion No. 130-KL/TW dated March 14, 2025 of the Politburo and the Secretariat on “Number of provincial-level administrative units after reorganization.”

9. Tran Van Ngoi, “Scientific basis for building the organizational model of government in special economic territorial units,” Ministry-level scientific project, Hanoi, p.15 (2018).

[*] PhD, Senior Lecturer, Vice Dean of Faculty of Law – Vinh University; Phone: 0916510185, Email: nvdaikl@gmail.com

[1] NGUYEN VAN DAI, "DECENTRALIZATION OF STATE ADMINISTRATIVE MANAGEMENT IN VIET NAM AT PRESENT," HANOI 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, providing guidance on the implementation of Central Resolutions and Politburo Conclusions on reorganizing administrative apparatus and units; report on implementation of Resolution No. 18 dated October 25, 2017 of the XIIth Central Committee from November 2024 to July 2025.

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

[4] Conclusion No. 121-KL/TW dated January 24, 2025 of the XIIIth Central Committee on summarizing Resolution No. 18-NQ/TW; Resolution No. 60-NQ/TW dated April 12, 2025 of the 11th Central Committee meeting; Conclusion No. 137-KL/TW dated March 28, 2025 of the Politburo and Secretariat on the project of reorganizing administrative units at all levels and building the two-tier local government model; Conclusion No. 155-KL/TW dated May 17, 2025 on priority tasks in reorganizing apparatus and administrative units until June 30, 2025; Conclusion No. 157-KL/TW dated May 25, 2025 on implementing Central and Politburo resolutions and conclusions on reorganization; Conclusion No. 167-KL/TW dated June 13, 2025 on the policy of reorganizing administrative apparatus and units, activating provincial and commune levels simultaneously from July 1, 2025.

[5] (1) Central level focuses on macro-management, building consistent and unified policies, strategies, plans, plays a facilitating role, and strengthens inspection and supervision; decentralization and devolution of authority are adequate, clear, and reasonable, transferring responsibilities at the central level to localities according to the principle “local decision, local implementation, local responsibility”; (2) Promote decentralization, devolution, and clearly delineate common powers of People’s Committees and specific powers of provincial- and commune-level Chairpersons to enhance leadership responsibility; (3) Review and implement decentralization and devolution across sectors to ensure consistency, coherence, no omissions or overlap of tasks".

[6] Plan No. 40/KH-BCĐ dated April 19, 2025 of the Government Steering Committee; Plan No. 447/KH-CP dated May 17, 2025 of the Government on drafting decrees on decentralization, devolution, and delineation of powers in line with the two-tier local government model; Decision No. 608/QD-TTg dated March 15, 2025 of the Prime Minister on implementing solutions to promote decentralization and devolution under the Law on Government Organization and Law on Local Government Organization; Decision No. 759/QD-TTg dated April 14, 2025 on approving the project of reorganizing administrative units at all levels and building the two-tier local government model.

[7] Le Minh Thong, Hoang Van Dong, “Some theoretical and practical issues on decentralization and devolution in the state apparatus in Vietnam at present,” Journal of State Management, 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 devolution between the central and local governments in Vietnam,” Monograph: State Administrative Decentralization, People's Public Security Publishing House, pp.386-388 (2011).

[8] Pham Hong Thai, Nguyen Dang Dung, Nguyen Ngoc Chi (Co-editors), State Decentralized Governance, 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 devolution in organization and operation of local government in Vietnam at present,” Political Theory Journal, No.11 (2016).

[13] Le Thi Anh Tuyet, “Multi-level governance and suggestions for reforming the local government apparatus 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] Ministry of Justice, Report No. 71-BC/DU dated July 31, 2025 on preliminary assessment of the capacity to implement decentralized and devolved powers of local governments.

[19] Resolution No. 1678/NQ-UBTVQH15 dated June 16, 2025 on reorganizing commune-level administrative units in Nghe An province, 2025.

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

[21] Ministry of Justice, Report No. 71-BC/DU dated July 31, 2025, on the preliminary assessment of the capacity of local governments to implement decentralized and devolved tasks and delineated powers.

[22] Organization and coordination of research and application of advanced statistical methods in state statistical activities under Clause 3, Article 50 of the Law on Statistics, executed by the Head of the national statistics office.

[23] Proposed decentralization contents related to detailed provisions on tax administrative procedures, tax declaration files, deadlines, submission locations, debt management (including authority to write off debts of 15 billion VND or more and debt rescheduling) and electronic invoice services—technical and professional issues in tax management to enhance flexibility and effectiveness.

[24] 71 tasks of decentralization and devolution requiring ensured resources and staffing.

[25] 208 tasks of decentralization and devolution require: clear procedures, specific guidance when necessary, adequate funding, staffing, or technological conditions.

[26] Report No. 18/BC-CTXDVBQPPL-TTHC dated June 17, 2025 of the Legal Document Drafting Department, Ministry of Justice.

[27] Processing applications for contracts transferring the right to use industrial property objects; recording amendments, extensions, early termination of the validity of contracts transferring the right to use industrial property objects; issuing duplicate industrial property certificates (except in cases where duplicates are requested for co-owners at the time of filing the industrial property right application) and reissuing industrial property certificates/duplicate certificates; issuing duplicates and reissuing registration certificates for contracts transferring the right to use industrial property objects.

[28] Article 1, Law on Local Government Organization 2025. Currently Vietnam has 13 special economic zones located in its islands and archipelagos: Van Don, Co To, Cat Hai, Bach Long Vi, Con Co, Ly Son, Hoang Sa, Truong 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] Hanoi, Dak Lak, Thai Nguyen, Lang Son, An Giang, Hue, …

[31] Ministry of Justice, Report No. 71-BC/ĐU dated July 31, 2025, on a preliminary assessment of the capacity to implement tasks and powers under decentralization, delegation, and delineation of authority of local governments.

[32] Kieu Trinh (Deputy Head of Government Building Department, Department of Home Affairs of Nghe An Province), “Initial Results of Two-Tier Local Government in Nghe An Province,” Newsletter of Nghe An Provincial Party Committee, August (2025).

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

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

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

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

[37] Anh Cao, Ministry of Home Affairs develops draft Decree on policy for attracting and using talented personnel, https://moha.gov.vn/thanh-nien/tin-tuc/Pages/listbnv.aspx?CateID=34&ItemID=810, truy cập 10/07/2025.

[38] Nguyen Van Quang (Regional Political Academy III), “Local Governance Model in Vietnam – Current Situation and Some Reform Directions,” Journal of State Management, 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/ .

[39] Resolution No. 57-NQ/TW dated December 22, 2024, of the Politburo on breakthrough development of science, technology, innovation, and national digital transformation.