Nghị định 32/2021/NĐ-CP hướng dẫn Nghị quyết 97/2019/QH14 ngày 27/11/2019 về thí điểm tổ chức mô hình chính quyền đô thị tại thành phố Hà Nội

THE GOVERNMENT -------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No. 32/2021/ND-CP	Hanoi, March 29, 2021

 

DECREE

ON ELABORATION AND MEASURES FOR IMPLEMENTATION OF THE NATIONAL ASSEMBLY’S RESOLUTION NO. 97/2019/QH14 DATED NOVEMBER 27, 2019 ON PILOT URBAN ADMINISTRATION MODEL FOR HANOI CITY

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Local Government Organization June 19, 2015;

Pursuant to the Law on amendments to the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019;

Pursuant to the National Assembly’s Resolution No. 97/2019/QH14 dated November 27, 2019 on pilot urban administration model for Hanoi City;

At the request of the Minister of Home Affairs;

The Government promulgates a Decree on elaboration and measures for implementation of the National Assembly’s Resolution No. 97/2019/QH14 dated November 27, 2019 on pilot urban administration model for Hanoi City.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree elaborates and provides measures for implementation of the National Assembly’s Resolution No. 97/2019/QH14 dated November 27, 2019 on pilot urban administration model for Hanoi City.

Article 2. Regulated entities

This Decree applies to:

1. The People's Council and the People's Committee of Hanoi City.

2. The People's Councils and the People's Committees of districts and district-level towns of Hanoi City.

3. The People's Committees of wards affiliated to districts and district-level towns of Hanoi City.

4. Relevant agencies, organizations, and individuals.

Article 3. Management of officials working at the People's Committee of ward

1. Regular officials working at the People’s Committee of ward shall be on the payroll of and managed and employed by the People’s Committee of district or district-level town.

2. The People's Committee of Hanoi City and the President of district shall recruit, employ, and manage officials working at the People’s Committee of district or district-level town and the People’s Committee of ward in accordance with the law on authority and delegation and authorization.

3. The President of district or district-level town shall decide to appoint, re-appoint, dismiss, transfer, second, commend, reward, discipline or suspend work for the President of People's Committee of ward (hereinafter referred to as the President of ward), the Vice President of People's Committee of ward (hereinafter referred to as the Vice President of ward), commend and discipline officials working at the People’s Committee of ward; and delegate power to the President of ward in accordance with the law.

4. The Department of Home Affairs of Hanoi City is responsible for guiding and inspecting the recruitment, employment, and management of officials working at the People's Committees of wards.

Article 4. Officials of Party organizations, Vietnam Fatherland Front Committee and socio-political organizations of wards

The employment, management, and policies applicable to communal officials of the Party organizations, the Vietnam Fatherland Front Committee, and the socio-political organizations in wards comply with the regulations of the Party, laws, and guidance of competent authorities.

Article 5. Part-time officials

In consideration of circumstances, situation and the city budget, the People's Committee of Hanoi City shall seek approval from the People's Council at the same level for the number, titles, and benefits, policies for part-time officials in wards and neighborhoods as prescribed by law.

Chapter II

ORGANIZATION AND OPERATION OF THE PEOPLE'S COMMITTEE OF WARD, RESPONSIBILITIES OF THE PRESIDENT OF WARD

Article 6. Organizational structure of the People's Committee of ward

1. Organizational structure of the People's Committee of ward:

a) The President of ward;

b) The Vice President of ward;

c) The Police Chief of ward;

d) The Commander of the Military Command of ward;

dd) Officials:  Office - Statistics; Land Administration - Construction - Urban and Environment; Finance - Accounting; Justice - Civil registration; Culture - Society.

2. An official working at the People’s Committee of ward is the person recruited or appointed to hold the title within the organizational structure of the People’s Committee of ward (except for Point c, Clause 1 of this Article).

Article 7. Principle of operation of the People’s Committee of ward and the President of ward

1. The People's Committee of ward work under principle of unity of command. The President of ward is the head, responsible for leading, managing and administering the work of the People’s Committee of ward working according to the working regulations of the People’s Committee of ward, ensuring the principle of democratic centralism and comply with the provisions of the law.

2. Duties and powers of the People’s Committee of ward specified in points b and c clause 1 Article 5 of Resolution No. 97/2019/QH14 must be discussed collectively before the President of ward decides and takes responsibility for his/her decision.

The collectives defined in this Clause include:  The President of ward, the Vice President of ward, the Chief Police of ward, the Commander of Military Command of ward, and other relevant officials.

3. The President of ward may authorize the official who holds the position of Justice - Civil registration to sign for authentication and affix the People’s Committee of ward's seal for the authentication of copies from originals of documents issued by the competent Vietnamese authorities, or authenticate signatures in documents according to law provisions.

The official in charge of Justice - Civil registration must have experience from 3 years of working in the field of Justice - Civil registration.

4. The Vice President of ward assists the President of ward to handle the affairs as assigned by the President of ward, and is held accountable to the President of ward and to the law for the assigned tasks.

When the President of ward is absent, a Vice President is authorized by the President to act on behalf of the President to administer and handle the affairs of the People’s Committee of ward.

5. In case a President of ward is vacant, the President of district or district-level town shall issue a decision to delegate the authority of the President of ward to a Vice President of ward until a new President of ward is available.

6. Activities of the People’s Committee of ward to meet the satisfaction of the people, comply with the order, procedures, right authority assigned, in accordance with the law and the working regulations of the People's Committee of ward.

7. Promote administrative reform, apply online public services to resolve administrative procedures for individuals and organizations in the district and in accordance with the law, ensure the operations of the People’s Committee of ward must be democratic, open, transparent, unified, and thorough.

Article 8. Holding meetings of the People's Committee of ward

1. The holding of meetings of the People’s Committee of ward shall comply with the working regulations of the People's Committee of ward, convened by the President of ward to perform assigned functions and tasks.

2. When the content of the meeting has relevant issues, the President of ward invites the Secretary of the Party Committee, the President of the Vietnam Fatherland Front Committee of ward, the heads of socio-political organizations of ward, the Secretary of party cell, neighborhood head, the heads of specialized agencies affiliated to the People’s Committee of district or district-level town to attend regular meetings and other meetings of the People’s Committee of ward.

3. The conclusion of a meeting related to the people must be reported on the web portal of the People’s Committee of ward (except for information belonging to State secrets) in accordance with the law and working regulations of the People’s Committee of ward to make public information to agencies, organizations and the people in a timely manner.

Article 9. Responsibilities of the President of ward

1. The President of ward is the head of the People’s Committee of ward, is held accountable to the People’s Council, the People’s Committee, the President of the People's Committee of district or district-level town and to the law about all activities of the People’s Committee of ward.

2. Directly employ and manage officials of ward according to the provisions of this Decree and under the delegation and authorization of the People's Committee, the President of the People's Committee and the People's Committee, the President of district or district-level town.

3. The President of ward is responsible for the comprehensive management of all activities of the People’s Committee of ward.

4. Sign the documents of the People’s Committee of ward with the title of President, the head of the regulatory agency in the ward and take responsibility for the documents of the People’s Committee of ward.

5. Fulfill the obligations of officials and avoid doing prohibited acts by officials according to the Law on officials and other relevant law provisions.

Article 10. Responsibilities of the Vice President of ward

1. Perform duties and powers of the People’s Committee of ward within domains assigned by the President of ward.

2. Be held accountable to the President of ward and the law when performing tasks and public duties within assigned domains.

3. Sign for the President of ward the documents of the People’s Committee of ward when assigned by the President of ward.

4. Fulfill the obligations of officials and avoid doing prohibited acts by officials according to the Law on officials and other relevant law provisions.

Article 11. Responsibilities of other officials of the People’s Committee of ward

1. Be held accountable to the President of ward and the Vice President of ward in charge during performing state management tasks in the specialized fields assigned by the President of ward in accordance with law.

2. Take initiative in advising, proposing to settle the assigned tasks strictly according to the regulations on time, results and competence; be dedicated to serve the people, not causing difficulties or troubles to the people. If any issue goes beyond the authority, the official must report to the President of ward or the Vice President of ward in charge for consideration and decision.

3. Abide by the working regulations of the People’s Committee of ward, strictly observe the assignment of tasks of the President of ward; handle tasks according to their assigned responsibilities and tasks, and ensure the work progress and quality.

4. Do not transfer work under their responsibility to another official; do not arbitrarily handle affairs under the responsibility of other officials. If the contents of the work are related to other officials but remain controversial, they must report to the President of ward for consideration and decision.

5. The official in charge of Justice - Civil registration is held accountable to the President of ward and the law for the implementation of the authorization in Clause 3 Article 7 of this Decree, and may not authorize another individual to perform such authorization.

6. Be responsible for the preparation, preservation and archival of documents related to professional work; to promptly and accurately report the situation of assigned work fields according to regulations to the President of ward and the Vice President of ward in charge.

7. Fulfill the obligations of officials and avoid doing prohibited acts by officials according to the Law on officials and other relevant law provisions.

Article 12. Holding a dialogue conference between the President of ward and the People

1. At least twice a year, before the regular meeting of the People's Council of district or district-level town, the President of ward is responsible for holding a dialogue conference with the people in the ward about issues related to the rights and wishes of citizens in the ward.

Based on the size of the population, the President of ward can hold dialogues with the people by ward or neighborhood.

The People's Committee of ward must announce on the mass media and neighborhood heads of the time, location and content of the dialogue conference with the people at least 07 days before the date of the conference.

2. The results of a dialogue conference must be sent to the Standing Committee of the People's Council, the People's Committee, the President of the People's Committee of district or district-level town, and the Leader of the group of the People's Council deputies of district or district-level town in the district 7 days before the opening of the nearest regular meeting of the People's Council of district or district-level town.

Article 13. Working relationship of the People’s Committee of ward and the President of ward with the People’s Council of district or district-level town

1. The People’s Committee of ward and the President of ward shall be subject to supervision of the People’s Council of district or district-level town during their operation, performance of tasks and powers; the compliance with the Constitution, laws, the implementation of resolutions of the People’s Council of district or district-level town and the People’s Council of Hanoi City.

2. Quarterly reports and ad-hoc reports, upon request, on performance shall be sent to the People’s Council of district or district-level town. The President of ward shall be accountable to the People’s Council of district or district-level town for relevant issues.

Article 14. Working relationship of the People’s Committee of ward and the President of ward with the People’s Committee of district or district-level town and specialized agencies of the People’s Committee of district or district-level town

1. The President of district is subject to the direct leadership and direction of the People's Committee and the President of the People's Committee of district or district-level town. When encountering issues beyond his/her authority, the President of ward must report to the People's Committee and the President of the People's Committee of district or district-level town to seek direction; report to the People's Committee and President of the People's Committee of district or district-level town according to regulations.

2. The People’s Committee of ward shall inspect, keep close contact, and comply with the practice guidance of the specialized agency under the People’s Committee of district or district-level town in performing tasks in the ward.

Article 15. Working relationship of the People’s Committee of ward, the President of ward and the Party Committee of ward

The People's Committee and the President of ward are subject to the leadership of the Party Committee of ward in performing the duties assigned by the People's Council, the People's Committee of Hanoi City, and the People’s Committee of district or district-level town as per the law.

Article 16. Working relationship of the People’s Committee of ward and the President of ward with the Vietnam Fatherland Front Committee and the socio-political organizations of ward

The People's Committee and the President of ward coordinate closely with the Vietnam Fatherland Front Committee and the socio-political organizations in the ward in performing their duties, taking care of lives and protecting interests of the People; enable these organizations to operate effectively; on a monthly basis or where necessary report on the local socio-economic development and activities of the People’s Committee of ward so that these organizations know and coordinate, mobilize the People to strictly abide by the Party's policies and guidelines, the State's policies and laws.

Article 17. Working relationship of the President of ward with the neighborhood

1. The President of ward must promptly inform the Party and State policies and guidelines, the direction documents of superior regulatory agencies and the People’s Committee of ward to neighborhoods for implementation; inspect the implementation of the Party's guidelines and the State's legal policies in the local area; promote the People's mastery, effective implementation of regulations on the democracy in the ward, autonomy activities of the neighborhood.

2. The President of ward assigns the ward's officials to take charge of, direct and keep informed of situation of the neighborhoods. Every month, ward officials are assigned to work with the leader of the local neighborhood or attend the meetings of the neighborhood in person to listen to reports, proposals and resolve complaints of the People in accordance with the law.

Chapter III

RECRUITMENT, EMPLOYMENT AND MANAGEMENT OF OFFICIALS AND PUBLIC EMPLOYEES WORKING AT THE PEOPLE'S COMMITTEE OF WARD

Article 18. Regular officials of ward

1. The average number of officials working at the People’s Committee of ward is 15 people. This average number is calculated on the total number of wards of a district or district-level town.

2. Pursuant to clause 1 hereof, the People's Committee of Hanoi City shall submit to the People's Council of the same level for decision on the number of regular officials of the People’s Committee of ward in each district or district-level town.

3. Based on Clauses 1 and 2 of this Article and situation of each ward, the People’s Committee of district or district-level town shall decide a given number of officials of each official position working at the People’s Committee of ward.

Article 19. Recruitment, employment, and management of officials and public employees working at the People's Committee of ward

1. The President of the People's Committee of district or district-level town shall recruit, employ, and manage officials working at the People's Committee of wards.

2. The recruitment, employment, and management of officials and public employees working at the People's Committees of wards shall comply with the provisions of the Law on officials and the Government's regulations on recruitment, employment, and management of officials. For the title of Commander of Military Command of ward, the appointment shall comply with Point e, Clause 1, Article 23 of the Law on Militia.

3. Based on the number and position of officials working at the People's Committees of wards and recruitment needs, the President of district or district-level town shall develop a recruitment plan and send it to the Department of Home Affairs for a unanimous agreement before implementation.

4. The President of ward shall directly employ and manage officials working at the People’s Committee of ward according to the following contents:

a) Arranging, assigning tasks, and inspecting the performance of tasks;

b) Implementing or requesting competent authorities to implement regulations and policies as prescribed by law;

c) Providing or requesting competent authorities to provide training, retraining, planning, pay raise, assessment and grading of quality, commendation and discipline for officials of the ward according to regulations;

d) Make statistics and report to competent authorities on the official staff of the ward according to regulations;

dd) Perform other contents as delegated or authorized by the People's Committee or the President of the People's Committee of Hanoi City, the People’s Committee, the President of People’s Committee of district or district-level town.

Article 20. Procedures for appointment, re-appointment, transfer, rotation, secondment, dismissal, or resignation of the President, Vice President of ward

Procedures for the appointment, re-appointment, transfer, rotation, secondment, dismissal, or resignation of the President, Vice-President of the ward comply with the Law on officials and the Government's regulations on recruitment, employment, and management of officials.

Article 21. Term of office of the President, Vice President of ward

1. The term of office of the President and Vice Presidents of district or ward for each appointment is 05 years counting from the effective date of the appointment decision.

2. The presidents of districts and wards do not hold a position for more than 10 consecutive years in the same administrative unit of the ward.

Article 22. Commendation and discipline for officials working at the People's Committees of wards

Procedures and competence to commend and discipline officials working at the People's Committees of wards comply with the Law on officials, the Law on Emulation and Commendation and other guiding documents..

Chapter IV

ORGANIZATION OF PERFORMANCE OF TASKS ON NATIONAL DEFENSE, SECURITY, SECURITY MEASURES TO ENSURE ORDER, SOCIAL SAFETY, ANTI-CRIME AND PREVENTION AND OTHER LAW VIOLATIONS

Article 23. Duties of national defense in a ward

1. Within the scope of its duties and powers, the People's Committee of district or district-level town shall organize the performance of national defense duties in the district or district-level town as prescribed by law and the following specific tasks:

a) Organize the performance of national defense duties in accordance with law and the tasks assigned by competent authorities in wards;

b) Develop the people-based national defense, the people-based national defense position associated with the people's security, the people's security position; build national defense capacity and potential; build a firm and comprehensive defense area; build the local people's armed forces; carry out defense and security education; recruit and call citizens to enlist in the army, receive and facilitate job creation for demobilized soldiers; coordinate with concerned agencies, organizations and people's armed force units in building defense zones according to law provisions;

c) Organize the development, training, operation, and ensure benefits and policies for the local reserve forces, militia and self-defense forces as per the law;

d) Coordinate in construction, management and protection of defense works, military zones, economic-defense zones in the locality; take civil defense measures; military rear-service policy; preferential policies for people with meritorious services to the revolution; supply of human resources, material and financial aid to the people's armed forces operating in the locality while on duty in a state of emergency, a state of defense emergency or a state of war;

dd) Perform other duties and exercise other powers in terms of national defense in accordance with the law.

2. The People’s Committee of ward shall propose and coordinate in performance of the tasks specified in clause 1 hereof as delegated or authorized by the People’s Committee and the President of People’s Committee of district or district-level town.

Article 24. Duties of security, social order, and safety in a ward

1. Within the scope of its duties and powers, the People's Committee of district or district-level town shall organize the performance of duties of security, social order, and safety in the district or district-level town as prescribed by law and the following specific tasks:

a) Organize the performance of the task of protecting national security, ensuring social order and safety in accordance with law and the tasks of protecting national security, assuring social order and safety assigned by the competent authority;

b) Organize the building of the people's security, the people's security position associated with the people-based national defense, strong the people-based national defense position, participate in building the people's police force, contributing to increase the potentials to protect national security, ensure social order and safety; carry out defense and security education in accordance with the law;

c) Assign the People's Committees of wards to direct police of wards to perform the task of protecting security, social order and safety in the districts and; provide benefits and policies for the forces participating in security and order protection at the grassroots level; take charge and coordinate in construction, management and protection of important national security works;

d) Direct the People's Committees of wards to coordinate with Vietnam Fatherland Front Committees of districts and wards and member organizations, relevant agencies and organizations in performing the task of security protection, social security and order and safety in wards;

dd) Direct the People's Committees of wards to abide by inspection, settlement of complaints and whistleblowing and handling of violations of laws in the wards; conduct preliminary and final review of the performance of the task of protecting security, social order, and safety in the wards.

2. The People’s Committee of ward shall propose and coordinate in performance of the tasks specified in clause 1 hereof as delegated or authorized by the People’s Committee and the President of People’s Committee of district or district-level town.

Article 25. Duties of prevention and control of law violations in a ward

Within the scope of its duties and powers, the People's Committee of district or district-level town and the People’s Committee of ward shall organize the performance of prevention and control of law violations as prescribed by law and the following specific tasks:

1. Handle administrative violations in the ward in accordance with the law on handling of administrative violations.

2. Take measures to prevent and control crimes and other law violations in the ward.

Chapter V

MAKING OF BUDGET ESTIMATES, ENACTMENT AND STATEMENT OF BUDGET OF DISTRICT, DISTRICT-LEVEL TOWN OR WARD

Article 26. Making of budget estimates of district or district-level town or ward

1. The People's Committee of Hanoi City shall submit to the People's Council of the same level for decision on the principles, criteria and limits of the local budget allocation; delegation of revenue sources and obligatory expenditures to each local budget level (for city-level budget and budgets of suburban districts, communes and towns); guide specific requirements, contents, construction documents, prepare and adjust district or district-level town and ward budget estimates to ensure compliance with requirements, content and time of making local budget estimates according to regulations of the Law on State Budget.

2. On the annual basis, the People's Committee of ward shall make the assigned budget revenue and expenditure estimates and send them to the Finance - Planning Division of ward for consideration and consolidation together with the budget estimates of district or district-level town and submitting them to the People’s Council of the same level. No later than 05 working days from the date the People's Council of district or district-level town decides the budget estimates; the People's Committee of district or district-level town shall assign the budget estimates to each ward.

Article 27. Enactment of budget of district or district-level town or ward

1. Pursuant to the resolution of the People's Council of the same level, the People’s Committee of district or district-level town shall assign the budget estimates to the People’s Committees of wards and budget-using units. If the budget estimate has not been decided by the People’s Council of district or district-level town, the People’s Committee of ward may be temporarily allocated the budget as prescribed in Article 51 of the Law on State Budget.

2. People’s Committee of wards shall enact the assigned budget revenue and expenditure estimates; transfer the amounts payable to the state budget in full and on schedule as per the law; spend in accordance with regulations, policies, for right purposes, to eligible entities, according to the enactment schedule and within the assigned budget estimates.

3. Adjustment of ward budget estimates in the course of budget enactment shall be reported to the People’s Committee of district or district-level town for decision in accordance with the Law on State Budget.

Article 28. Statement of state budget

1. On the annual basis, the People's Committee of Hanoi City, the People’s Committee of district or district-level town shall direct the Division of Finance and Planning of district or district-level town to coordinate with the tax authority, the State Treasury and relevant departments and branches in consideration and approval of the statement of budget of affiliates and consolidation of the final budget statement of the district or district-level town.

The People’s Committee of ward shall make an annual report on the statement of budget revenues and expenditures of ward and send it to the Division of Finance and Planning of district or district-level town to review and consolidate to final statement of the budget of district or district-level town, and then further report to the People's Council of the same level for approval.

2. The People’s Council of Hanoi City shall provide guidelines for requirements, contents, documents, and time for the People’s Committee of ward to send a statement of budget of ward to the relevant agencies in accordance with the Law on State Budget.

Chapter VI

IMPLEMENTATION

Article 29. Entry into force

This Decree comes into force as of the date of signing.

Article 30. Grandfather clause

1. The term of office of the President of the People's Committee of a ward before July 1, 2021 shall be counted towards the term of office of the President of the ward as specified in Clause 2, Article 21 of this Decree.

2. From July 1, 2021, the Presidents, Vice Presidents of wards and commune-level officials who are elected or recruited before July 1, 2021 may be changed into officials working in the wards they are working; in case of moving to a new job position, the official must ensure the conditions and standards suitable to that job position.

The Division of Home Affairs of district or district-level town shall review the records of the commune-level officials working at the People’s Committee of ward to report to the President of district or district-level town. Upon a written appraisal issued by the Department of Home Affairs of Hanoi City, the President of district or district-level town shall issue a decision to move the commune-level official working at the People’s Committee of ward into a public employee on the payroll of the People’s Committee of district or district-level town.

The appointment of grade and salary adjustment for officials working at the People’s Committee of ward shall be submitted in writing by the President of district or district-level town to the Department of Home Affairs of Hanoi City for consideration and decision or to submit to competent authorities for consideration and decision as per the law.

3. The People's Committee of Hanoi City is responsible for formulating plans for training and retraining of ward officials to meet official standards and job requirements.

Article 31. Placement, arrangement, and provision of benefits and policies for the President, Vice President of the People's Council, People's Committee of ward and specialized officials of ward

1. The People's Council and the People's Committee of Hanoi City shall direct the placement, arrangement, and settlement of benefits and policies for:

a) The Presidents, Vice Presidents of the People's Councils of wards;

b) Those who are the Presidents, Vice Presidents of the People's Committees of wards but are not appointed as President or Vice Presidents of wards upon implementation of Resolution 97/2019/QH14 and this Decree.

2. The commune-level officials specified in Clause 1 of this Article and the commune-level officials working in the ward, when they are not changed into officials, shall be eligible for the benefits and policies according to the provisions of Guideline No. 27-HD/BTCTW dated December 20, 2019 of the Central Committee on guidelines for the implementation of policies and benefits for officials who quit re-election at the Party, authorities, Vietnam Fatherland Front and political-communal organizations, associations at all levels; Decree No. 26/2015/ND-CP dated March 9, 2015 of the Government on benefits and policies for officials who do not meet the age conditions for re-election and re-appointment to hold positions according to tenure in agencies of the Communist Party of Vietnam, the State, socio-political organizations; Decree No. 108/2014/ND-CP dated November 20, 2014 of the Government on policy of downsizing staffing; Decree No. 113/2018/ND-CP dated August 31, 2018 of the Government on amendments to Decree No. 108/2014/ND-CP; Decree No. 143/2020/ND-CP dated December 10, 2020 of the Government on amendments to Decree No. 108/2014/ND-CP and Decree No. 113/2018/ND-CP; Decree No. 46/2010/ND-CP dated April 27, 2010 of the Government on resignation and retirement procedures for officials and other relevant regulations.

3. In addition to the benefits and policies specified in Clause 2 of this Article, on the basis of balancing the local budget, the People's Committee of Hanoi City submits to the People's Council of the same level for promulgation of policies to support the officials in wards subject to the settlement of benefits and policies specified in Clauses 1 and 2 of this Article.

4. In case the National Assembly has a resolution to terminate the pilot implementation, the employment, management, and benefits for the President, Vice President of wards and other officials in the pilot area shall comply with regulations and guidance of the competent authority.

Article 32. Making, enactment, and statement of budget estimates upon conversion of ward budget into budget estimate unit affiliated to the People's Committee of district or district-level town in 2021

1. The People's Committee of Hanoi City submits to the People's Council of the same level for decision on amendments to the delegated details of revenue sources, obligatory expenditures between budgets of districts, district-level towns and wards (from July 1, 2021 in consistency with the new urban government model of the city.

2. Enactment of budget estimates of district or district-level town or ward

a) Based on the reports of wards, the Division of Finance - Planning of district or district-level town shall consolidate the enactment of estimates of budget revenue and expenditure in the first half year of 2021 of all wards, and then to report to the People’s Committee of district or district-level town, and further to seek approval from the People’s Council of same level for adjustment to the budget estimates of the district or district-level town or ward in 2021:

The (adjusted) budget revenue and expenditure estimate of the district or district-level town in 2021 based on the revenue increase of the budget of district or district-level town or decrease of remaining revenue budget of the budget of the ward based on the delegation; raise the obligatory expenditures of the budget of district or district-level town and allocate obligatory expenditures to budget estimate units of wards according to the assigned tasks.

The (adjusted) budget revenue and expenditure estimate in 2021 allocated to the People's Committee of ward: The unrealized revenue estimate of the ward assigned from the begin of the year; the obligatory expenditure estimate of the budget estimate unit of ward affiliated to the budget of district or district-level town according to the assigned tasks; obligatory expenditures of administrative agencies, Party organizations, union organizations, public sector entities within the obligatory expenditures of the People’s Committee of ward allocated by the budget of district or district-level town to perform the socio-economic development tasks in the ward.

Prior to July 31, 2021, the People’s Committee of district or district-level town must complete the assignment of budget estimate to each People’s Committee of ward.

b) The People’s Committee of Hanoi City, the People's Committee of district or district-level town shall direct relevant agencies to do the accounting for the budget revenues and expenditures of budget estimate units of wards as of July 1, 2021 in accordance with the Law on State Budget

3. Statement of ward budgets from January 1, 2021 to June 30, 2021:

a) The People’s Committee of Hanoi City, the People's Committee of district or district-level town shall direct relevant agencies to do the accounting, including: Closing the accounting books to the end of June 30, 2021; doing asset inventory; determining unpaid debts; making financial statements; making handover minutes; handing over accounting documents and data; transferring budget surplus, the wage reform source to the budget of district or district-level town for management in accordance with the regulations on consolidation and merger in Article 45, Article 46 of the Accounting Law;

b) The People’s Committee of ward shall make a report on the statement of budget revenues and expenditures in the first half year of 2021 and send it to the Division of Finance and Planning of district or district-level town to review, to further report to the People’s Committee of district or district-level town, and then to seek approval from the People's Council of the same level.

Article 33. Implementation

1. The Ministry of Home Affairs has the following responsibilities:

a) Guide and inspect the pilot implementation of the urban administration model in Hanoi City specified in Resolution No. 97/2019/QH14 and this Decree;

b) Take charge and coordinate with the People's Committee of Hanoi City in submitting to the Government for reporting to the Standing Committee of the National Assembly and the National Assembly on preliminary review of the pilot urban administration model in Hanoi City.

2. The People's Council, the People's Committee of Hanoi City is responsible for the implementation of this Decree. The People's Committee of Hanoi City is responsible for:

a) Promulgating model working regulations of the People's Committees of wards;

b) Guiding the People's Committees of districts, district-level towns and wards to implement financial and budgetary regulations when piloting the organization of the urban administration model;

c) Reporting to the Ministry of Home Affairs to submit to the Government for consideration and decision on issues arising when piloting the urban administration model in Hanoi City.

3. Ministers, heads of ministerial-level agencies, heads of governmental agencies, President of People's Committee of Hanoi City and relevant agencies, organizations and individuals shall implement this Decree.

 

ON BEHALF OF THE GOVERNMENT PRIME MINISTER Nguyen Xuan Phuc