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VIETNAM ACADEMY OF SOCIAL SCIENCES
GRADUATE ACADEMY OF SOCIAL SCIENCES

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NGUYEN MANH CUONG

STATE MANAGEMENT ON ADMINISTRATIVE
BOUNDARIES AT DISTRICT LEVEL IN VIETNAM TODAY

Major : Constitutional and Administrative Law
Code

: 9380102

SUMMARY OF LAW PHD THESIS

HANOI, 2019


The work was completed at
GRADUATE ACADEMY OF SOCIAL SCIENCES

Scientific Supervisor: Assoc. Prof. Hoang Van Tu

Reviewer 1: Prof. PhD. Hoang Minh Doan
Reviewer 2: Prof. PhD. Nguyen Dang Dung

Reviewer 3: Assoc. Prof. PhD. Le Thi Huong

The dissertation will be defended before the thesis review council of the
Academy at the Graduate Academy of Social Sciences at hour minute, day
month year.

The thesis can be found at:
- National Library of Vietnam
- Library of Graduate Academy of Social Sciences.


INTRODUCTION
1. The urgency of thesis:
Over the years, the State has issued a number of legal documents regulating the
administrative boundary management. However, there have been many documents
regulating standards, conditions, and management procedures so far of which the
contents and regulations are no longer appropriate and do not meet the demands of
practical management requirements.
District level (districts, towns, provincial cities) is the administrative units in our
country. District level also includes island districts. The State has issued a number of
legal documents regulating the management of administrative boundary throughout the
past years.
In fact, the state management on administrative boundary at district level in our country
in recent years has shown its positive results as well as some limitations and
shortcomings.
State management on district-level administrative boundary is an aspect of national
sovereignty; an activity and issue of state management for population and territory.
This is a need that is indispensable and objective for every nation and every state. In
particular, state management on district administrative boundary helps the State
implement its management activities more flexibly and effectively in dealing with

changes in development orientation, objectives or requirements, and challenges such as
integration, urbanization, climate change or other environmental pollution.
Recent suggestions have been made about merging small provinces into big provinces.
The merger of provinces will lead to the merger of districts in those provinces. It is the
fact that we have merged Ha Tay into Hanoi. However, there has not had any
comprehensive summary of the effectiveness of this merger. It did not include merging
districts, on the other hands; more district-level administrative units arose. For
example, previous Tu Liem district was separated into two districts of Bac Tu Liem and
Nam Tu Liem and new districts have been set up ... Therefore, district administrative
units have increased. The determination of administrative boundaries between districts
in Hanoi is not easy due to the complicated characteristics of the city.
Through analyzing the situation and good experiences, we can learn, give suggestions
and solutions to improve the effectiveness of state management on the administrative
boundaries at district level in Vietnam today. Therefore, the thesis "State management
on administrative boundaries at district level in Vietnam” is really necessary in both
theory and practice.
2. Objectives and research tasks
2.1. Objectives of the research
The research thesis is to clarify theoretical issues on state management on the districtlevel administrative boundaries, analyze the current state management on the district
administrative boundaries in Vietnam. On that basis, it proposes suggestions and
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solutions to improve the efficiency of state management on the administrative
boundaries at district level in Vietnam today.
2.2. Tasks of the research
To achieve the objectives of the thesis, the following tasks need to be solved:
Firstly, conducting an overview of the research situation, theoretical basis and research
method; summary of the contents / issues that have been studied, to clarify and point
out the necessity of the thesis.

Secondly, identify the theoretical issues of state management on administrative
boundaries at district level of in Vietnam.
Thirdly, state the status of state management on the administrative boundaries at district
level in Vietnam to give comments and assessments (its strengths, weaknesses and
causes) in state management on the administrative boundaries at district level in
Vietnam today.
Fourthly, give suggestions and solutions to improve the effectiveness of state
management on the administrative boundaries at district level in Vietnam today.
3. Object and the scope of the thesis research
3.1. Object of the thesis
The topic focuses on researching state management on the administrative boundaries at
district level in Vietnam. Specifically, under the perspective of the components of the
law, the topic will study the form of law, the content of law, organization of law
enforcement in the state management on the district-level administrative boundaries.
That is, the topic does not focus into the state apparatus of the central government or
the provincial government; nor study the district-level administrative units at the
natural, geographical and social perspectives.
3.2. Scope of the thesis
Regarding the content, the thesis studies the basic theoretical and practical issues in
state management on the administrative boundaries at district level in Vietnam.
Accordingly, it gives suggestions and solutions to improve the effectiveness of state
management on the administrative boundaries at district level in Vietnam today. The
thesis does not study the district administrative level of districts having national
borders, island districts because the administrative boundaries of these district-level
administrative units has specific characteristics which are related to national
sovereignty in the land and sea areas.
In terms of time, the project of state management research on the administrative
boundaries at district level in the renovation period in Vietnam focuses on researches
from the time of issuing the Constitution (2013) up to now.
In terms of space, objects, research issues of the topic are some districts and districts in

provinces and cities in all three regions of the country.
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4. Methodology and research methods of the thesis
4.1. Methodology
First of all, the approaching of the thesis on state management on the district-level
administrative boundaries is a legal activity. Therefore, from the identification of
research issues to the research, analysis and solving problems are all based on the
fundamental principles of legal science and research results are suggestions and
requests to improve laws for state management of the district administrative boundaries
in Vietnam. This approach differs from some other approaches when studying state
management on the district-level administrative boundaries such as: (i) approach to
territorial sovereignty - in the field of security and defense; (ii) a perspective approach
is a technical activity in land management such as defining coordinates, boundaries,
and areas
Besides, the thesis also uses a logical and systematic approach to solve research issues.
Specifically, the thesis approaches from theory to practice and from practice to theory,
then proposes recommendations. Each content, research issue will also be determined
and structured appropriately regarding the certain system and logic, which can be based
on the criteria of content, characteristic or time ...
The thesis is based on the methodology of Marxism-Leninism on the state and law;
Vietnamese Communist Party's policy and views on building the socialist rule-of-law
state of the People, by the People and for the People, which is underlined in the Party's
Resolutions, in the Constitution and Government’s Law.
4.2. Research methods of the thesis
The thesis applies many specific research methods such as systematic methods,
methods of analysis and synthesis, comparative law methods, statistical
methods, specific historical methods, especially the legal-analysis method
To complete the purpose of the research, the thesis combines methods in each part of the

thesis, in which the method of analysis and synthesis is used the most. For each item, there
are several major research methods for clarifying research purposes. For example, the
comparative method is prioritized to be used in the general research of experiences in
some countries in the world as well as in Vietnam in Chapter 2; Analysis and synthesis
methods are prioritized for use in the status assessment in Chapter 3.
5. New contribution to the science of the thesis
Firstly, gather and provide a relatively complete and systematic concept,
characteristics, content, and principles of state management on the district-level
administrative boundaries in Vietnam. Through the study of state management of the
same subject in some countries in the world, the author gives readers a more
comprehensive view of the theoretical issues of state management on the district-level
administrative boundaries in Vietnam in relation to the world.
Secondly, do researches and assess the state management on the district-level
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administrative boundaries during the renovation period in Vietnam, focusing on
research from the time of issuing the Constitution (2013) up to now.
Thirdly, give recommendations and solutions to improve the effectiveness of state
management on the administrative boundaries at district level in Vietnam, meeting the
needs and demands of the renovation and international integration in the context of
Vietnam taking integration with developed countries.
6. The theoretical and practical significance of the thesis
6.1. The theoretical significance of the thesis
This topic will contribute to systematizing and clarifying some of the following issues:
Firstly, the theoretical issues of management of administrative boundaries; in which,
focusing on clarifying the concept, characteristics, content, and principles of state
management on the district administrative boundaries in Vietnam.
Secondly, some contributions of the thesis in theory when studying this issue are to
point out the characteristics of the law on state management on the district-level

administrative boundaries in Vietnam; point out criteria to improve the law for state
management of the administrative boundaries at district level in Vietnam in terms of
form, content and implementation.
Thirdly, the law and experiences of some countries in the world in state management on
administrative boundaries will be a great resource for Vietnam to learn from. Since
then, the thesis has given suggestions and solutions to improve the effectiveness of
state management on the administrative boundaries at district level in Vietnam.
6.2. The practical significance of the thesis
This is a systematic and comprehensive research on the state management of the
administrative boundaries at district level in our country starting from the renovation
period up to now. Accordingly, identify and analyze advantages, disadvantages and
causes, limitations and shortcomings. The thesis also makes sense for the feasibility
study of the merger or separation of district-level administrative units associated with
state management on the district-level administrative boundaries.
7. Structure of the thesis
In addition to the introduction, conclusion and list of published works related to the
thesis, the list of references, the content of the thesis consists of 4 chapters as follows:
Chapter 1: Overview of the research issues related to the thesis.
Chapter 2: Theoretical issues of state management on administrative boundaries at
district level in Vietnam.
Chapter 3: Current state management on administrative boundaries at district level in
Vietnam.
Chapter 4: Orientation, recommendations and solutions to improve the effectiveness of
state management on administrative boundaries at district level in Vietnam.
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CHAPTER 1
OVERVIEW OF THE RESEARCH ISSUES RELATED TO THE THESIS
1.1. Researches in our country:

1.1.1 Group of researches on general issues of state management in the area of
administrative division and determination of administrative boundaries
In Vietnam, the research works on state management are huge and are often approached
from the perspective of legal science and state management science. Accordingly, the
theoretical issues of state management have been clarified. The typical researches can
be listed are the ones by famous authors such as Mai Huu Khue, Pham Hong Thai,
Dinh Van Mau, Tu Dien, To Tu Ha…
Author Mai Huu Khue with a book on State management theory, comprehensively
discussed the theoretical issues of state management, especially its constituent elements
(subject, object, form, method), the management principles, administrative procedures
and decisions, violations and administrative responsibilities, state administrative
competence, inspection, examination and supervision in state management,
administrative reforms, complaint settlement complaints and denunciations ... The
contents of this study were supplemented by the research of Pham Hong Thai and Dinh
Van Mau in the book of Vietnam Administrative Law and in the textbooks of training
institutes such as: Curriculum of Vietnam Administrative Law of Hanoi Law
University, National Academy of Public Administration; Textbook of inspection and
settlement of complaints and denunciations of Hanoi Law University. In addition,
administrative reform issues were discussed in depth through the study of
Administrative Reform and Economic Reform of the "Local Administrative Reform
Dictionary", by the authors To Tu Ha, Nguyen Huu Tri, and Nguyen Huu Duc.
Complete and modernize the files and maps of the administrative boundaries and build
a database on the administrative boundaries by Author Vu Dinh Khang, Ministry of
Home Affairs, State Organization Magazine, No. 2/2014, p. 20 - 21.
Methodological basis of the division of administrative divisions and administrative
levels in Vietnam – (Ministry-level topic) by Assoc. Dr. Nguyen Huu Khiem who
served as chairman in 2002; Scientific basis of organizing the system of administrative
units and the classification of the administrative boundaries – (Ministry-level topic) by
TS. Chairman Tran Huy Sang (2003) which studied a number of criteria, bases and
factors that affected the adjustment of administrative boundaries.

1.1.2 Works on administrative boundary management, settlement of disputes over
administrative boundaries
The project "Investigate the issues, propose solutions to organize the management of
the administrative stratification in our country to meet the requirements of
industrialization and modernization" by Associate Prof. Dr. Trieu Van Cuong as a
Chairman. The project aimed to provide scientific arguments for the Party and the State
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in management activities; thereby proceed to stabilize the administrative boundaries,
meeting the country's rapid and sustainable development in the orientation of "rich
people in a strong, democratic, fair and civilized country”. Accordingly, on the basis of
systematizing some theoretical issues about organization of administrative units and
adjusting the administrative boundaries at all levels, studying experiences of organizing
administrative units of some countries in the world, systematizing and assessing the
issues of division, separation and merger of the administrative boundaries in Vietnam
from 1986 up to now; sociological investigation of the impact of the separation and
merger of the administrative boundaries to local socio-economic development, the
research team proposed a number of specific solutions and recommendations to further
improve the management of boundaries of administrative units at all levels in our
country today. Theoretical and practical basis of establishing administrative units at
all levels, meeting the requirements of national stability and development – (State-level
independent topic) was headed by Deputy Minister of Home Affairs Tran Huu Thang
(2011).
This topic has mentioned a number of contents such as: The viewpoint of establishing
local administrative units in our country today; foundation to identify state
administrative units; a number of issues about establishment of administrative units territories; modern urban organization and management model in Vietnam and
international integration; procedures, procedures for division, separation and
establishment of administrative units at all levels. However, the objective, approach of
the topic is not about the goal of perfecting the law but more about technical factors.

Especially ‘the Standard Research Report, conditions and procedures for
administrative boundary reforms at district and commune levels in Vietnam’ developed
by the Department of Local Government under the Ministry of Home Affairs and the
United Nations Development Program (UNDP) identified the standard systems,
criteria, conditions and procedures for adjusting the administrative boundary reform
under the provincial level.
The book "Legal provisions on grassroots government apparatus", compiled by the
National Political Publishing House (2003) systematized legal documents which were
related to the organization and operation of the grassroots government in the period of
1997-2003.
The book "System of documents on organization and operation of the state apparatus
according to the 1992 Constitution", by Author Duong Bach Long and Nguyen Xuan
Anh, Justice Publishing House (2004) also systematized legal normative documents
laws on organization and operation of our State apparatus according to the 1992
Constitution, including local governments.
And the articles Administrative boundary changes of Hanoi capital (1961-2008) by
author Do Thi Thanh Loan, Political Administrative Academy (Region 1), Journal of
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Reasoning Education, No. 12 / 2013, p. 44 - 49; Hanoi capital continues to develop
comprehensively after expanding administrative boundaries by Pham Quang Nghi,
Communist Journal (No. 816 (October 2010), p. 42-47; Completing and modernizing
the profile and maps of the administrative boundaries and building a database on the
administrative boundaries of the Author Vu Dinh Khang, Ministry of Home Affairs,
State Organization Journal, no. 2/2014, p. 20 - 21.
In general, research works on the administrative boundaries and state management on
the administrative boundaries are not various. They can be mostly mentioned in the
research topics of the Ministry of Home Affairs, Ministry of Natural Resources and
Environment. There is no specific research work on state management on

administrative boundaries at district level.
1.2. Researches in the world.
Overseas studies on the administrative boundaries are not as much as other issues,
perhaps due to the fact that they have largely been identified in history, with little
change.
However, some works can be found in Japan, the Russian Federation, the United States,
and Germany. First of all, it must be mentioned - Volkov's book S.N "Determining the
administrative boundaries of the administrative units and subjects of the Russian
Federation"(Волков С. Н "Определение границ административных районов и
границ субъектов Российской Федерации"). Because the organization of territorial
organizations in each country is an indispensable, objective and extremely important
task, there are many studies abroad on this issue at various levels, approaches and
different goals as well as objectives. The general overview of the research in our
country and abroad can be evaluated through major projects such as research topics,
books, newspapers, magazines that have studied some characteristics, related concepts
such as: nation, state form, territorial structure, territorial administrative units,
territorial administrative boundaries, state management by territory, urban and rural
areas, etc. A number of typical works can be listed as follows:
The book "Space, Territory and State: New research in international politics" by Ranabīra
Samāddāra, Orient Blackswan Publishing, 2002 has introduced the concepts of space,
territory, and State. The book "Management of Inter-States Boundary Conflicts in Nigeria:
An Empirical Approach" was written by Author Fatil, Dorrance Publishing, 2011. In this
book, the author discussed the issue of territorial boundaries and adjustments on territorial
boundaries in Nigeria, which focused on the Southwest; providing approaches and
recommendations for resolving territorial disputes in this country. The "Basic Principles of
Central Management Theory for Local Governments" by Zulkifli Gazali, the Institute of
Social Sciences Publisher, 1970 clarified the characteristics of the state management
mechanism according to the central territory
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management principle (in Socialist countries), in which, emphasizes central
government control on local authorities.
"The Involvement of People in Local Government Autonomy in Eastern European
Countries: A Comparative Analysis" by Georgia's Strategic and Development Research
Center has shown a step in the law of many Eastern European countries when adjusting
the administrative boundaries, which was called a referendum.
1.3. Evaluation of research works
Based on the study of works related to state management (on district level) of
administrative boundaries so far in our country and in the world, the author has given
some assessments on the research results that the works achieved.
1.3.1. In theory
Most of the studies have built and clarified some related characteristics and concepts
such as: nation, state form, territorial structure, territorial administrative units, and
territorial administrative boundaries, urban, rural; concepts of space, territory, State.
Some authors have introduced the concept of territorial units and clarified the concept
of administrative boundaries, state management by territory, and delineated
administrative boundaries, including some criteria with certain bases and foundation.
Since then, the authors have affirmed that this is a management method that brings
about efficiency in state management on the administrative boundaries in general,
including district level.
1.3.2. In practice
The research projects have provided information, gathered, systematized and evaluated
the state management of administrative boundaries and administrative units in general,
including district level such as competence, conditions, procedure, in which there is a
step prescribed by many Eastern European laws when adjusting the administrative
boundaries is a referendum.
The research works reflect the data and practical situation of changes in organization
and operation of local governments in several countries or a certain region; including
the practice of division, merger, dissolution and adjustment of district-level

administrative units, then make analysis and assess the current issue.
CHAPTER 2
THEORETICAL ISSUES OF STATE MANAGEMENT ON ADMINISTRATIVE
BOUNDARIES AT DISTRICT LEVEL IN VIETNAM
2.1. Definition, role of state management on administrative boundaries at district
level
The administrative boundary according to Vietnamese dictionary, "is the boundary
dividing administrative units, is the legal basis to delineate the scope of responsibility
of the state administrative apparatus in population and land management, local
economy, politics, culture and society”. The administrative boundary is determined by
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specific landmarks showing the coordinates of that location. Among the four
administrative levels: central, provincial, district and commune levels, administrative
units are only established at 3 levels of province - district - commune and the
administrative boundary is the basis of geographic, natural and is represented with
coordinates of the locations of those landmarks.
The administrative boundaries of the district in central cities often do not have easyrecognizable landmarks. This is also the matter in the districts, towns and cities of the
province, the landmarks of the administrative boundary which is less taken into interest
because the main sign is the residents, fields and rivers that exist as a convention to
determine the location.
The administrative boundaries of districts with national borders and administrative
boundaries of island districts have their own characteristics. Determining the
administrative boundaries in these administrative units is the establishment of national
borders under the agreement on border delimitation between Vietnam and other
bordering countries and the determination of maritime areas under sovereignty and
rights. Therefore, the administrative boundaries of districts with national borders and
the administrative boundaries of island districts are not mentioned in this thesis.
Therefore, the administrative boundaries need to be clarified: It is the delimitation

boundary between administrative units, including district-level administrative units,
marked with boundary markers as prescribed by law, is the legal basis the division of
responsibility scope of the state administrative apparatus at all levels in the
management of local population, land, economy, politics, culture and society.
2.2. Subjects and contents of state management over administrative boundaries at
district level
2.2.1. Subjects of state management on administrative boundaries
Subjects of state management over administrative boundaries are state agencies from
central to local levels.
First of all, it is the National Assembly, the National Assembly Standing Committee.
The National Assembly has the authority to establish provincial administrative units
(Clause 9 Article 70); The Standing Committee of the National Assembly has the
authority to establish an administrative unit under the provincial level (Item 8 Article
74). The Government submits to the National Assembly the establishment of provincial
administrative units; submit to the Standing Committee of the National Assembly to
establish an administrative unit under the provincial level (Clause 4 Article 96).
Establishing administrative units also means having to establish administrative
boundaries on the legal side.
The Ministry of Home Affairs, the Ministry of Natural Resources and Environment, the
provincial-level People's Committees and district-level People's Committees are the
basic subjects of state management of administrative boundaries. State management
subjects on the administrative boundaries perform the state management functions and
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tasks on planning on the map, set up on the field and mark administrative boundaries,
manage administrative boundaries and solve any disputes on the administrative
boundaries. The 2013 Constitution stipulated that the establishment of administrative
units must collect local people's opinions and follow the procedures prescribed by law
(Clause 2 of Article 110); People are the subject of state power. Our state is the State of

the people, by the people and for the people. The administrative boundary division at
all levels, in which the district's administrative boundary is related to people's life.
People have the right to participate in state management, so the people are also
considered to be the subjects of State management on the district-level administrative
boundaries.
2.2.2. State administrative management on administrative boundaries at district level
State management on the district level administrative boundaries includes the following
contents:
Firstly, issue laws to determine and adjust administrative boundaries and administrative
boundaries at district level;
Secondly, implementing the law on administrative boundaries at district level;
Thirdly, inspecting, supervising and settling district-level administrative boundary
disputes.
Based on the Socio-Economic Development Strategy (2011-2020), the Government has
issued the overall program of state administrative reform in the period of 2011 - 2020,
which also mentioned the tasks: "Summarize and assess the organizational model and
operational quality of local authorities to establish a suitable organizational model,
ensuring the right functions, tasks, powers, close to reality, effectiveness and efficiency;
building an appropriate model of urban government and rural government ”
Organization of territorial-administrative units is part of the organization of the state
administrative structure, showing the division of power between the central state and
the local territorial communities and is a very crucial issue in each country. Vietnam is
a single state, with 4 levels of government, including: central, provincial (provinces and
cities under central authority), district level (districts, towns, provincial cities and
provinces) commune (commune, ward, and town). Each level of administrative units is
established, divided, merged, expanded or narrowed by authorized state agencies. The
adjustment of the administrative boundaries is carried out by the authorities.
Concerning the formulation and submission of the project of establishing and adjusting
administrative boundaries, the Law also assigns to the Government and local
authorities in the formulation, assessment and submission to the National Assembly and

the Standing Committee of the National Assembly for promulgation. legal documents
under the authority and deciding the establishment, dissolution, merger, division and
adjustment of administrative boundaries; urban classification; naming and renaming
administrative units; resolving disputes related to administrative boundaries. For the
district and commune levels, the Government is the highest authority to build
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and submit to the Standing Committee of the National Assembly for final decision. In
particular, the Government assigned the Ministry of Home Affairs to help monitor,
guide and organize the appraisal and finalization of the Scheme; assigned the
provincial-level People's Committees, which are the local administrations to build and
submit to the Government (the Ministry of Home Affairs).
The Law on Local Government Organizations has removed the responsibility of the
district-level People's Committee to develop a scheme to set up and adjust the
administrative review, which is very suitable to practical conditions. The district and
commune People's Committees only have the authority to decide whether or not to
agree with the "policy" of the Project after achieving more than 50% of the people’s
agreement.
Regarding processes and procedures, the Law on Local Government Organization has
clearly defined the duties and powers of the People's Councils at all levels in proposing,
developing a project to establish, merge, divide and adjust the administrative
boundaries in the local. However, these are just regulations that define the subjects who
take responsibilities and the basic content. The current regulations have not clarified the
process and procedures for establishing and adjusting the administrative boundaries to
ensure the effectiveness of this activity. Considering the importance and resolution of
the Standing Committee of the National Assembly on the establishment and adjustment
of the administrative boundary, which is similar in effect to a legal document, the above
procedures and procedures are too simple compared to the process of developing legal
documents, thus, easily leads to arbitrary and inadequate preparation and completion of

the project.
2.2.3 State management principles on administrative boundaries
The principles of state management are stipulated in the law as stipulated in the
constitution, the law, the sub-law. The principles prescribed in the constitution are
considered the most basic principle.
The system of state administrative principles includes:
Principles of Party leadership in state administrative management; (ii) Principles of
people’s participation in state administrative management; (iii) Democratic centralism;
(iv) Principles of equality among ethnic groups; (v) Principles of socialist legislation.
Secondly, the technical organization principles: (i) Sectorial management principles
combined with territorial management; (ii) Sectorial management principles combined
with functional management; (iii) Identify functions of state management on economics
with production and business management.
2.3. Factors affecting the state management of administrative boundaries at
district level
Factors affecting state management on administrative boundaries can be mentioned as
follows:
• Historical and cultural factors, natural conditions
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• Legal factors
• Socio-economic factors
2.4. Experience in state management of administrative boundaries in some
countries in the world
2.4.1. Russia
The Russian Federation is a federal state, including federal entities: autonomous
republics, autonomous regions, provinces and frontiers (border areas, province-level
units). The Federal State defines the boundaries between the administrative units of the
entities. Subjects in the Federation define administrative units and regulations on

marking administrative boundaries. However, the marking is finalized by the Federal
Government: signs indicate the boundary of land use. The landmark is usually made of
wood, 1.5 m high, with a diameter of at least 15 cm. At the top of the column, a cut-out
figure on it shows the national emblem of the Russian Federation.
2.4.2. Japan
Decentralized administrative units in Japan: (To dō fu ken), is the first administrative
level of the first two official local administrative levels in Japan. This administrative
level has a total of 47 including 1 ‘to’ (Tokyo), 1 ‘do’ (Hokkaido), 2 ‘fu’ (Kyoto and
Osaka), 43 ‘ken’. Provinces are divided into districts, including cities (towns), towns (
町 cities) and villages (村 villages); Particularly in Tokyo there are 23 special zones ( 村
村 村 special zones).
Japanese people use natural terrain to delineate boundaries between administrative
units, such as mountains, rivers, lakes and canals ... There are also boundaries that run
through cities, villages and fields and if there are not any signs, it is difficult to
recognize them.
In the case of demarcation among three provinces or districts, there are special
landmarks, called sankenkyo or sanzakai. This place is the intersection of three
provinces; a certain landmark to identify, for example, a sign, a hill or a lake will be
used. The border among 3 provinces can be located in the middle of the field: on the
right is Tochigi province, on the left is Saitama and in the middle (above) is Gunma.
The tributary branch of this river is used to delineate the boundary among the three
provinces of Wakayama, Mie and Nara. There are 48 points like this in japan, with
clear coordinates.
2.4.3. The United State of America
In the United States, under Counties are the cities or other names such as Region (or
county) (including the mayor and Mayor and Council; Municipal Court and a number
of public agencies on fire prevention, firefighting, taxation, police ...: The cities in the
County are separated from the territory and the system of major city management
agencies is built according to 3 models: Mayor - Council model; model of council manager; committee model
In addition to the national government (federal government), local governments are

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divided into levels such as the state, the county and city. No city government is
established in places where there are not enough people as prescribed, but only a town
government or a commune government is established. Cities, towns or communes are
called three types of county-governed governments. In addition, the country also has a
non-specialized governmental organization that belongs to the county such as special
school districts, specialized functional areas such as special fire zones, special water
supply zones. It may be attached to a city or county depending on each state's
regulations. That is, depending on the constitution of each state, the town or commune
belongs to the county or city. In addition, the central government also has special zones
for Native Americans, Washington DC special zones.
2.4.4. Germany
In Germany, there are two types of administrative units, the district (known as Kreise)
[82] which is an administrative level but not the upper level of the grassroots level
(commune level). It is a representative level of the locality, considered to be
"association of communes", "regional representative", "public legal representative".
The self-governing administrative unit has additional duties to support administrative
management work for communes and operates as the "association". Some states in
Germany do not have this level or are called the district but it is considered the lowest
level.
After reunification, Germany is now organized into 16 states with a total of 14,561
local administrations with independent political positions, including 8,513 localities in
the territory of the former states (old West Germany ) and 6,048 localities in new states
(former East Germany). After reforming the local administrative boundaries in the
states, only cities of 200,000 or more are called big cities. Thus, only more than 40
localities in Germany are classified into this level and distributed equally throughout
Germany. Currently, about 24.4% of the population lives in big cities with more than
200,000 inhabitants. About 42.4% of the population lives in localities with less than

200,000 inhabitants. Therefore, small villages and urban centers occupy the majority in
Germany today.
Changing the boundaries of voluntary administrative units can be the merging of
localities or connection of localities together. The simplest form to create rich localities
is to conduct local reforms in the form of mergers. It is possible to merge many
localities into a new locality or merge small localities into a new locality, especially in
suburban cities. In the year of 60s-70s, this form of reform took place throughout the
former West German territory. As a result, the number of localities has decreased
significantly, from 24,282 (1968) to only 8,513 administrative units (2006).

13


CHAPTER 3
CURRENT STATE MANAGEMENT ON ADMINISTRATIVE BOUNDARIES AT
DISTRICT LEVEL IN VIETNAM
3.1. Legal issues on state management of administrative boundaries at district
level
In 1995, it was considered as a milestone of the whole country to establish the
administrative files, maps of 53 provincial-level administrative units, 568 district-level
administrative units and 10,182 commune-level administrative units.
This is the first time in history that our country has had a set of documents, the map of
the administrative record with a unified technical process in the whole country which
has legal value to serve the task of socio-economic development, maintaining political
security and social order and safety.
Recently, the relevant ministries and agencies have submitted to the Government and
the Prime Minister for promulgation according to their authorized legal documents on
the administrative boundaries and dossiers and maps of the administrative boundaries
at all levels, including:
a) Decree No. 119 / CP of September 16, 1994 of the Government promulgating

regulations on management, use of dossiers, topographical maps and landmarks of the
administrative boundaries at all levels;
b) Decree No. 12/2002 / ND-CP dated January 22, 2002 of the Government on
geodetic and cartographic activities;
c) The Prime Minister's Decision No. 83/2000 / QD-TTg, July 12, 2000 on the
use of Vietnam's National Reference System and Coordinate system;
d) Circular No. 28 / TCCP-ĐP, March 17, 1995 of the Government Commission
on Organization and Personnel (now the Ministry of Home Affairs) guiding the
implementation of Decree No. 119 / CP of September 16, 1994 of the Government on
issuing regulations on management, use of profiles, geographic maps and landmarks of
the administrative boundaries at all levels;
e) Joint Circular No. 06/2006 / TTLT-BTNMT-BNV-BNG-BQP dated June 13,
2006 of the Ministry of Natural Resources and Environment, the Ministry of the Home
Affairs, the Ministry of Foreign Affairs and the Ministry of Defense on guiding and
managing the measurement of the map of the administrative and national boundaries.
f) Decision No. 12/2008 / QD-BTNMT dated December 18, 2008 of the Ministry
of Natural Resources and Environment promulgating the national technical regulation
on the delimitation of the administrative record and compiling the dossier of the
administrative boundaries at all levels.
Currently, the number of district and commune administrative units which does not
meet the natural area standards, the population size as stipulated in Resolution No.
1211/2016 / UBTVQH13 of the National Assembly Standing Committee is very large. .
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There are 588/713 district-level administrative units (accounting for 82.47%) that have
not met the standards of area and population; of which 259 units (accounting for
36.33%) have not yet reached 50% of 1 of the 2 area or population standards, with 18
units (accounting for 2.52%) and have not reached 50% of both criteria area and
population standards.

There are 9,434 / 11,162 communal administrative units (accounting for 84.51%) that
do not meet the standards of area and population; of which 6,191 units (accounting for
55.46%) have not yet reached 50% of 1 of the 2 area or population standards, 637 units
(accounting for 5.71%) and have not reached 50% of both standards area and
population.
The digitized data of the administrative boundary map of all levels, established
according to Directive 364-CT, has been digitized by the Government Commission for
Organization and Personnel (now the Ministry of the Home Affair) and put into
management in the computer system at HN 72 Coordinate system and has not been
transferred to the VN-2000 coordinate system, especially the construction of the
database of the administrative boundaries has not been implemented in accordance with
national regulations on basic geographic information issued by the Ministry of Natural
Resources and Environment.
3.2. State Management of Administrative Boundaries at District level in our
Country
The current management of the administrative boundaries has been in order and
modernized. Implementing the 1992 Constitution on division of administrative units of
the Socialist Republic of Vietnam is to clearly define the scope of management by
territorial areas among provinces and centrally-run cities; among districts, towns,
provincial cities and among communes, wards and towns on land and sea. Securing the
road of the administrative boundary at all levels and unifying with the national border
line. On May 2, 2012, the Prime Minister issued Decision No. 513 / QD-TTg on
approving the project "Completing, modernizing the profile and maps of the
administrative boundary and building a database of administrative boundaries’ with
the aim to build a set of administrative documents, maps and databases of the
administrative boundaries at all levels, ensuring scientific, complete, legal accuracy and
unification as a legal basis in state management of the administrative boundaries and
formulate strategies, plans for socio-economic development in the whole country,
territories and localities.
The resolution of the land disputes related to the administrative boundaries is carried

out and settled by the involving inter-central and local authorities through practical
survey, plans submitted to authorities.
Using specialized software to build a database of information on the administrative
boundaries (GIS geographic information); building management software and use
information on the administrative boundaries to fully meet the needs of state
15


management in an open, easy type to update, supplement necessary information, apply
and use.
In the state management of administrative boundaries, the Ministry of Planning and
Investment hosts and coordinates with the Ministry of Finance in allocating annual
budget plans to ensure the project implementation schedule; guide and examine the use
and settlement of project funds according to the regulations of the State Budget Law.
Local authorities, namely People's Committees of provinces and cities (directly under
the Central Government) are responsible for developing detailed plans and giving cost
estimates to ensure the implementation of the project in the locality according to
progress as in the annual plan. The Provincial People's Committee organizes the
measurement, marking of the landmark coordinates, drawing diagrams of the landmark
and preparing administrative boundary files and maps at all levels in the local. After
burying the landmark, the Provincial People's Committee organizes a legal signing
conference for the files and maps of the administrative boundaries at all levels for the
local administrative units and adjacent administrative units.
Ministry of Home Affairs established a Project Management Board to help Ministry
Leaders and Committee implement the project. The Ministry of Home Affairs
organized training classes: For ministries and central agencies: leadership
representatives and officers of specialized departments whose work related to the
management of the administrative boundary, measurement and mapping (each ministry
and central agency introduces 02 officers); For provinces and cities (directly under the
Central Government): representatives of leaders, experts of the Department of Home

Affairs, Department of Natural Resources and Environment (each unit introduces 02
officers); For rural districts, urban districts, provincial capitals and towns:
representative leaders, specialists of the Home Affair Department, Department of
Natural Resources and Environment (each department introduces 02 persons); For
communes, wards and townships, including: the chairman of the People's Committee,
the cadastral official and the village head or the head of the population group.
The provinces and cities directly under the Central Government clearly determine the
administrative boundaries at the provincial level. Localities develop plans for
administrative boundary management of the district level according to steps specified
in Decision No. 513 / QD-TTg dated May 2, 2012 of the Prime Minister and the Project
of the Ministry of Home Affairs.
The Provincial People's Committee establishes a Committee to guide and implement
the project, complete and modernize the profile and maps of the administrative
boundaries and to build a database on the provincial administrative boundaries.
Provincial People's Committee assigns the Department of Home Affairs to advise the
Chairman of the Provincial People's Committee to set up the Committee for Project
Implementation; chair and coordinate with the Department of Natural Resources and
16


Environment to organize a training workshop to guide the implementation of the
Project; coordinate with relevant departments, agencies to develop the Technical
Design - specific cost estimates for the Project work items and report to the Provincial
People's Committee and submit to the Ministry of Home Affairs and the Ministry of
Natural Resources and Environment for evaluation and approval; To take the prime
responsibility for, and coordinate with the concerned departments, branches and
branches in, inspecting and finalizing the field boundary lines and landmarks and
organizing consultations and agreements on the determination of the plains between
districts; Chairing the consultancy, The provincial People's Committee directs, urges
and inspects the implementation and completion of modernization records and maps in

the whole province under the guideline of the Prime Minister and the Ministry of Home
Affairs. People's Committees of districts and towns set up district-level assisting teams
to carry out the inspection and acceptance of the administrative records of districts and
communes.
State management for the administrative revisions of districts, towns and provincial
cities shows the implementation of the Prime Minister's Decision No. 513 / QD-TTg
dated May 2, 2012 on approving the Project " Completing and modernizing
administrative boundary records and maps and building a database on administrative
boundaries " and Decision No. 785 / QD-BNV dated August 31, 2012 of the Minister
of Home Affairs on promulgation Implementation plan of the project "Completing and
modernizing the profile and maps of the administrative boundaries and building a
database of administrative boundaries.
3.3. On-site landmark management of administrative boundaries at district level
The Government regulates the prohibition of relocation, demolition of the landmark,
deforming, taking advantage of it to serve or use for personal purposes or to cause
obstacles to cover boundary signs. People's Committees at district level are responsible
for managing boundary landmarks within their scope of the management. Commune
People's Committees are responsible for protecting in site boundary landmarks,
organizing propaganda and mobilizing people to participate in the protection and
management of local boundary landmarks. In case the boundary signs are shifted and
damaged, they must promptly report in written form to district-level People's
Committees. District People's Committee synthesizes the cases under the approval
authority of the City People's Committee to report in written form to the Department of
Natural Resources and Environment to have a plan to fix it up. Annually, the urban and
land planning management agencies at all levels have to organize the inspection of
boundary management, do the boundary placement dossiers and assign localities to
manage as regulated.
17

3.4. Administrative boundary disputes and settlement at district level
3.4.1. Authorities of settlement of administrative boundary disputes
According to the provisions of Clause 4, Article 29 of the Land Law 2013, the
settlement of the administrative disputes between the administrative units is jointly
carried out by People’s Committee of those units. In case of failing to reach agreement
on the delimitation of the administrative boundaries or the settlement changes the
administrative boundary record, the settlement authority is prescribed as follows:
• In case of a dispute related to the boundaries of the administrative units of provinces
and cities directly under the central government, the Government will submit to the
National Assembly for decision;
• In case of a dispute related to the boundaries of the administrative units of districts,
towns and cities of the province, communes, wards and townships, the Government
submits to the Standing Committee of the National Assembly for decision.
• Ministry of Natural Resources and Environment, land management agencies of
provinces, cities under Central authority, districts, towns and provincial cities are
responsible for providing necessary documents and coordinating with state agencies to
resolve the administrative disputes.
3.4.2 Settlement of administrative boundary disputes at district level
A summary of 5 years of implementing Directive No. 364-CT (1991-1995) recorded
53/53 provinces and cities directly under the Central Government; 568/568
administrative units of districts, towns, provincial cities and 10,182 / 10,182
administrative units of communes, wards and towns in the country have solved 5,479
areas of land disputes related to the administrative boundary at all levels, including 406
provincial disputed areas; 5,073 disputed areas at district and commune levels. At the
same time, a set of administrative documents and maps has been built at all levels as a
legal basis for the state management of administrative boundaries. However, after the
implementation of Directive 364-CT, there still existed 26 areas of land disputes related
to the administrative boundary between the provinces and cities directly under the
Central Government.
The Ministry of Home Affairs has chaired and coordinated with relevant ministries,

branches and localities to resolve land disputes related to the administrative boundaries
of provinces. Up to now, 11 areas of dispute have been completely resolved, including:
01 area between Binh Thuan and Ba Ria - Vung Tau province: 02 areas between Quang
Binh and Ha Tinh province; 08 areas between Hoa Binh province and Hanoi city.
Administrative boundary dispute and settlement between Quang Tri and Thua Thien
Hue province, between Gia Lai and Kon Tum province has been reported and
summited to the Government so that the Government will submit it to the National
Assembly for final decision.
Currently there are 13 areas of dispute that need to be solved in the upcoming time:
administrative boundary dispute between Kien Giang and Bac Lieu province at the area
18


next to Canh Den; between Quang Ninh province and Hai Phong city in 02 areas - Nha
Mac beach and the North area and Eastern area of Cat Ba Island; between Hai Duong
province and Hai Phong city in Quy Cao farm area; between Hoa Binh and Ninh Binh
province in 04 areas - Mang Ech area, Lim Hill center area, Han stone area and Cat
Dun temple area; between Hoa Binh and Thanh Hoa province in Van Mai area; between
Vinh Phuc province and Hanoi city in the area of Chan Chim mountain range; between
Khanh Hoa and Dak Lak province in Hoa Ninh - Ea Trang area; between Dong Nai
province and Ho Chi Minh City in Go Gia area; between Thua Thien Hue province and
Da Nang city in Hai Van area.
In addition, in recent years, the Ministry of Home Affairs has chaired and coordinated
with related ministries, branches and localities to solve some of the district
administrative disputes that arise due to inconsistency between records, map with
management among localities such as Hoa Binh and Phu Tho province, Bac Kan and
Thai Nguyen province, Vinh Phuc and Thai Nguyen province, Nghe An and Ha Tinh
province.
Regarding authority to settle disputes: In this case, the forest in dispute is not entirely in
the territory of village X but encroached on the neighboring commune, so according to

the Land Law 2003 13/2003 / QH11, land disputes related to boundaries between the
administrative units will be jointly resolved by the People's Committees of those units;
In case the agreement is not reached or the settlement of the administrative boundary
changes the original boundary record, the issue is set out as follows: 1) The dispute
related to the administrative boundary of the administrative units of the province or
centrally-run city is due to the National Assembly settlement; 2) In case of disputes
related to boundaries of the administrative units of districts, towns, provincial cities,
communes, wards and townships, the Government will settle it.
3.5. Assessment of state management of administrative boundary at district level
3.5.1. Achievements
a) Advantages of building and completing law on administrative boundary at district
level
Considering the process, the law on the administrative boundary at all levels in general
and district in particular has been taken care by the Party and the State; which is
increasingly complete both in form and content.
Especially, after the 2013 Constitution was promulgated, the content and legal form of
the administrative boundary changed fundamentally. With the change in authority from
the Government to National Assembly Standing Committee, there has been a
fundamental change in processes and procedures. Besides, the regulations, principles,
standards, criteria for classifying administrative units as well as the establishment,
dissolution, merger, division and adjustment of the administrative reform at district
level have been improved specifically, more focused in legal documents with high legal
19


value. Many regulations have been upgraded from legal documents to laws and
resolutions of National Assembly Standing Committee.
The construction, forms and contents of the scheme of localities; proposals and
appraisals from the Government, as well as the verification process of the National
Assembly Standing Committee to review, discuss and decide on the establishment,

dissolution, merger, division and adjustment of the administrative boundary at district
level are implemented uniformly.
3.5.2. Shortcomings and causes
町
Shortcomings: Although the current law on the district's administrative
boundary has been improved compared to the previous periods, there are still some
limitations and shortcomings such as:
町 First of all, it has not been focused yet and the legal value is not very high.
町 Secondly, the issuance of guiding documents and detailed regulations has
been still slow, leading to a lack of action and practice.
町 Thirdly, there are still regulations that do not ensure consistency and
synchronization.
町 Fourthly, it has not kept up with some new and particularly important
guidelines of the Party on reforming the state apparatus, especially on
reducing the apparatus and staff, so it has not shown a common tendency
policy which is recommended to merge instead of separating.
町 Fifthly, new regulations for the implementation of the authority to
establish, dissolve, merge, divide and adjust the boundaries below the
provincial level have not shown the difference when National Assembly
Standing Committee performs various acts such as establishment,
dissolution, merger, division or adjustment of boundaries.
町 Sixthly, there has been no guarantee of completeness, detail and
specification.
CHAPTER 4
ORIENTATION, RECOMMENDATIONS AND SOLUTIONS TO IMPROVE
THE EFFECTIVENESS OF STATE MANGAMENT ON ADMINISTRATIVE
BOUNDARIES AT DISTRICT LEVEL IN VIETNAM
4.1. Orientations to improve the effectiveness of state management of
administrative boundary at district level
Firstly, in long term, it is recommended to study and amend the current Constitution

and regulations to increase the authority for the executive and local authorities in the
decision to establish, dissolve, merge, divide the administrative units and adjust the
administrative boundary at district level.
Secondly, it must be consistent with the views and guidelines of the Communist Party
20


of Vietnam and the ideology of the 2013 Constitution on local authorities. Research
should be made to simplify the authority to develop a scheme on establishment,
dissolution, merger, division and adjustment of administrative boundaries. The local
government organization law has been simplified but it is still complicated. The
continued simplification is necessary and suitable for some of the following reasons:
First of all, the political system of our country has a high unity; in which the authorities
from the province to the district have a high agreement on the general guidelines and
policies, Therefore, it is not necessary to organize a resolution at all three levels of
commune - district - province when setting up a scheme on establishment, separation,
merger, dissolution and adjustment of the administrative boundaries at the provincial
level.
Secondly, most of the guidelines, policies and starting proposals are derived from the
provincial-level committees and authorities on administrative boundary in the province.
Although the law stipulates that the district will propose the establishment, separation,
merger, dissolution and adjustment of administrative boundaries, then submit to the
Department of Home Affairs for appraisal and submit to the provincial People's
Committee for approvals. However, in fact, most of these are policy ideas from
provincial leaders.
Thirdly, the qualifications of cadres and civil servants in local governments in general,
especially at district and commune levels are very limited.
It is necessary to ensure consistency, synchronization, and detail to create a strong legal
basis for implementation:
Firstly, the improvement of the law on the administrative boundary at all levels of local

authorities must originate from a comprehensive point of view to effectively implement
the establishment and separation, merger, dissolution and adjustment of administrative
boundaries.
Secondly, the organization and operation of the administrative boundary in general
depends on many areas of law on land, resources, planning, construction, finance.
Thirdly, it must originate from practice and ensure the stability of the administrative
units and effectiveness of local authorities and meet the requirements of state
management, socio-economic development, human rights and citizenship.
Fourthly, it must be based on and comprehensively enforce the Local Government
Organization Law.
Fifthly, focus on completing the process and procedures in the establishment,
separation, merger, dissolution and adjustment of the district-level administrative
boundaries.
Sixthly, continue to build and fulfill standard quantitative and qualitative sets for the
establishment, separation, merger, dissolution and adjustment of administrative
boundaries. Seventhly, it is necessary to clarify the conditions, standards, processes and
procedures of type of activity and the relationship between them.
21


4.2. Solutions to improve the effectiveness of state management of administrative
boundaries at district level
4.2.1. Establish and issue legal documents related to the administrative boundaries at
district level
In order to establish, dissolve, merge, divide the administrative units and adjust the
administrative boundaries at district level, National Assembly Standing Committee and
the concerned individuals and organizations must refer many relevant legal provisions,
especially the model of local government organization, administrative unit
classification, planning of socio-economic development plan...
4.2.2. There should be specific legal regulations on administrative boundaries at

district level
Regarding the authority to make decision, it is necessary to specify more clearly the
content of authority; on the other hands, the study is to redefine the authority to ensure
the rationality and feasibility.
Firstly, it is important to standardize concepts and terms to ensure the scientific,
accurate, unified understanding of the content of the authority of National Assembly
Standing Committee. Secondly, it is recommended to supplement some regulations to
clarify the content of authority distinction between decisions to constitute this authority
of the National Assembly Standing Committee (the current law does not regulate this
issue). This is particularly important, specifically, it is recommended to issue a new
Ordinance or Resolution by the National Assembly Standing Committee or revising the
Law on Local Government Organization to supplement important content.
4.2.3. Limit the separation and adjustment of administrative units regarding the
principle of ensuring the stability of the administrative unit system
Limit the separation and adjustment of the existing administrative boundary and only
adjust in case there is no other alternative; overcome and stop looking for solutions to
separate the administrative units whenever there is an increase in population,
economic growth, even when there is disagreement or interest conflict among the local
leaders and managers.
4.2.4. Expeditiously review the overall administrative boundaries at all levels,
including district level
Firstly, reviewing the overall administrative assessment at all levels in general and
district level in particular, especially in urban areas to determine the reasonableness in
the establishment, dissolution, merger and adjustment of the administrative boundaries
with the aim to re-evaluate the results and limitations in the establishment, dissolution,
merger, division and adjustment of the district-level administrative boundaries.
22


Secondly, build a comprehensive plan on administrative boundaries of all levels at the

national aspect in line with the socio-economic development planning as a basis for
promulgating regulations on controlling the establishment, separation, and merger of
administrative boundaries in the whole country so that the provinces and central cities
have a legal basis to implement effectively.
4.2.5. Modernize and build a database on administrative units and administrative
boundaries
Speeding up the progress of the project "Completing, modernizing the administrative
boundary records and maps, building a database of administrative boundaries" and
promulgating legal documents on management, use and updating Database of the
administrative boundary which is the basis for the establishment, merger, dissolution,
separation and adjustment of the administrative boundary in the future in the scientific
and systematic orientation.
4.2.6. Maximizing and realizing the role and participation of the people
In addition, the author also recommended a few solutions to solve the problems of the
administrative boundary as well as conservation for relics and heritage located in the
disputed area.
Thus, the improvement of the law on the establishment, separation, merger, dissolution
and adjustment of the district administrative boundary must aim at strengthening the
responsibility of the drafting agency; clearly identify the role of people in the
organization and implementation of the relevant regulations.
CONCLUSION
State management of the administrative boundary at district level is a need and an
important requirement of each country to create a legal framework for territorial state
management and organizational innovation and operation, to maximize the advantages
and capacities in all aspects of administrative units, thereby contributing to ensuring
national defense, security, social order and socio-economic development. Therefore, in
Vietnam as well as other countries in the world, it is very important to build and fulfill
the law on this issue and consider it a regular task to be studied.
In order to re-establish discipline in this issue, the 2013 Constitution had new ideas on
state power organization, organization and operation of local governments; accordingly,

change the authority to decide on the establishment, dissolution, merger, division and
adjustment of the administrative unit of the district level to Standing
23