LAWFUL RIGHTS AND LEGITIMATE INTERESTS OF CITIZENS IN THE MERGER OF ADMINISTRATIVE UNITS: VIETNAMESE LAW AND PRACTICE IN HO CHI MINH CITY

Resumen

In the context of globalization and ongoing state modernization, the merger and reorganization of administrative units have become central components of administrative reform in Viet Nam. These reforms aim to streamline the state apparatus, enhance governance efficiency, and improve public service delivery. However, beyond their organizational objectives, administrative mergers generate significant legal and social implications, particularly regarding the protection of citizens’ lawful rights and legitimate interests. Although the Vietnamese legal framework—grounded in the 2013 Constitution and the Law on the Organization of Local Government—provides a formal basis for adjusting administrative boundaries, it primarily focuses on structural and managerial criteria such as population size and territorial standards. Mechanisms specifically designed to safeguard citizens’ rights during transitional periods remain limited. In practice, the merger of district- and commune-level units may directly affect residency rights, civil registration procedures, access to public services, land-use and property rights, and the exercise of complaint and denunciation mechanisms. Without adequate safeguards, such reforms risk undermining legal certainty and continuity in the enjoyment of fundamental rights. The implementation experience in Ho Chi Minh City illustrates the multidimensional challenges of administrative restructuring in a densely populated and rapidly urbanizing environment. Changes in administrative nomenclature and boundaries have required residents to update personal documents and adjust to reorganized public service systems. Transitional inconsistencies have at times created procedural burdens, disrupted access to administrative services, and generated uncertainty in land management and urban planning. Vulnerable groups, including migrants and economically disadvantaged residents, may face disproportionate difficulties during these transitions. Moreover, consultation and participation mechanisms, although formally provided for by law, often remain limited in substantive effectiveness, thereby affecting public trust and the perceived legitimacy of reform policies. From a comparative perspective, international experiences—particularly within the European Union, Japan, and South Korea—demonstrate that successful administrative mergers are typically accompanied by robust rights-impact assessments, meaningful community consultation, transitional protection measures, and transparency in decision-making. These approaches align with broader principles of good governance and international human rights standards, which emphasize participation, accountability, and legal certainty. Based on legal analysis and practical observations, several improvements are necessary to ensure that administrative reform does not diminish citizens’ rights. These include institutionalizing mandatory rights-impact assessments prior to mergers; strengthening substantive public consultation and participatory mechanisms; ensuring transitional protection of administrative and civil entitlements; enhancing safeguards for property and land-use rights; and reinforcing complaint and access-to-justice systems. Furthermore, integrating digital governance tools and modern urban management models can reduce procedural burdens and improve transparency during administrative transitions. In conclusion, while the merger of administrative units is a necessary step in modernizing governance, it must be implemented within a rights-based framework. Placing citizens’ lawful rights and legitimate interests at the center of reform is essential to ensuring that administrative restructuring contributes to sustainable development, social stability, and the consolidation of a rule-of-law state.