Nghị định 33/2021/NĐ-CP hướng dẫn Nghị quyết 131/2020/QH14 về tổ chức chính quyền đô thị thành phố Hồ Chí Minh

THE GOVERNMENT -------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No. 33/2021/ND-CP	Hanoi, March 29, 2021

 

DECREE

ON ELABORATION AND MEASURES FOR IMPLEMENTATION OF THE NATIONAL ASSEMBLY’S RESOLUTION NO. 19/2020/QH14 DATED JUNE 19, 2020 ON PILOT URBAN ADMINISTRATION MODEL FOR HO CHI MINH 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. 131/2020/QH14 dated November 16, 2020 on pilot urban administration model for Ho Chi Minh 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. 19/2020/QH14 dated November 16, 2020 on pilot urban administration model for Ho Chi Minh City.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree elaborates and provides for measures for implementation of the National Assembly’s Resolution No. 131/2020/QH14 dated November 16, 2020 on pilot urban administration model for Ho Chi Minh City.

Article 2. Regulated entities

This Decree applies to:

1. The People's Council and the People's Committee of Ho Chi Minh City.

2. The People's Committees of districts of Ho Chi Minh City.

3. The People's Councils and the People's Committees affiliated to Ho Chi Minh City.

4. The People's Committees of wards affiliated to districts, the People's Committees of wards affiliated to cities affiliated to Ho Chi Minh City (hereinafter referred to as the People's Committees of wards).

5. Relevant agencies, organizations, and individuals.

Article 3. Management of officials

1. Officials of the People's Committees of wards are on the state regular payroll of the People's Committees of districts, the People’s Committee of the city affiliated to Ho Chi Minh City and managed and employed by the People's Committees of districts or the People’s Committee of the city affiliated to Ho Chi Minh City.

2. The President of the People's Committee of Ho Chi Minh City shall decide to appoint, re-appoint, dismiss, transfer, second, commend, reward, discipline or suspend work for the President of People's Committee of district (hereinafter referred to as the President of district), the Vice President of People's Committee of district (hereinafter referred to as the Vice President of district), and delegate power to the President of district, the President of the People’s Committee of the city affiliated to Ho Chi Minh City in accordance with the law.

3. The President of district and the President of the People’s Committee of the city affiliated to Ho Chi Minh City 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), heads and deputies of heads of specialized agencies affiliated to district-level People's Committees and delegate power to the President of ward in accordance with the law.

4. The People's Committee of Ho Chi Minh City and the People’s Committee of the city affiliated to Ho Chi Minh City shall recruit, employ and manage officials working at the People’s Committee of district, the People’s Committee of the city affiliated to Ho Chi Minh City, and the People’s Committee of ward, in accordance with the law on authority and delegation and authorization.

5. The Department of Home Affairs of Ho Chi Minh City, within its assigned functions and duties, is responsible for guiding and inspecting the recruitment, employment and management of officials working at the People's Committees of districts, the People’s Committee of the city affiliated to Ho Chi Minh City, and the People’s Committees of wards.

Article 4. Full-time members of the Boards affiliated to the People’s Council of Ho Chi Minh City

1. Each Board affiliated to the People’s Council of Ho Chi Minh City has 01 full-time member; the full-time member shall be considered and approved by the Standing board of People’s Council of Ho Chi Minh City at the request of the Chief Board of People’s Council.

2. Full-time members of the Boards affiliated to the People’s Council of Ho Chi Minh City consist of:

a) Full-time members of the Legal Board;

b) Full-time members of the Board of Economics and Budget;

c) Full-time members of the Board of Culture and Society;

d) Full-time members of the Board of Urban areas.

3. Qualifications for a full-time member:

b) Be an incumbent Ho Chi Minh City’s People’s Council deputy;

b) Obtain at least a bachelor’s degree; be capable of participating in policy-making and organizing supervision activities, having professional skills, practical experiences and capacity suitable to the title of full-time member specified in Clause 2 of this Article.

4. Full-time members shall be entitled to salaries in accordance with current laws applicable to officials and be entitled to a position-based allowance as equal as the head of provincial-level department.

Article 5. 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 6. Part-time officials

In consideration of circumstances, situation and the city budget, the People's Committee of Ho Chi Minh 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 DISTRICT, RESPONSIBILITIES OF THE PRESIDENT OF DISTRICT

Article 7. Organizational structure of the People's Committee of district

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

a) The President of district;

a) The Vice President of district;

c) The Police Chief of district;

d) The Commander of the Military Command of district;

dd) The specialized agencies of the People’s Committee of district;

e) Other administrative agencies and public sector entities of the People’s Committee of district.

2. The People's Committee of Ho Chi Minh City shall, pursuant to the Government's Decree No. 37/2014/ND-CP dated May 5, 2014 on organization of specialized agencies under the People’s Committee of suburban districts, urban districts, towns and provincial cities and Decree No. 108/2020/ND-CP dated September 14, 2020 of the Government on amendments to Decree No. 37/2014/ND-CP to regulate specific names and number of specialized agencies under the People’s Committee of district accordingly. Particularly, the Office of the People's Council and the People’s Committee of district are called the Office of the People’s Committee of district.

3. The establishment of other administrative agencies under the People’s Committee of district shall comply with the provisions of law on the establishment, reorganization, dissolution of administrative organizations and in accordance with specialized laws.

4. The establishment of public sector entities under the People’s Committee of district shall comply with the regulations on the establishment, reorganization and dissolution of public sector entities and the provisions of specialized legal documents.

Article 8. Principle of operation of the People’s Committee of district

1. The People’s Committee of district works under the principle of unity of command and democratic centralism.

2. The President of district is the head of the People’s Committee of district, responsible for leading, managing and administering the People’s Committee of district to perform assigned functions, tasks, and powers.

3. The Vice President of district assists the President of district to handle the affairs as assigned by the President of district, is held accountable to the President of district and to the law for the assigned tasks. When the President is absent, a Vice President is authorized in writing by the President to administer, handle affairs, and sign documents of the People’s Committee of district.

In case the President of district is vacant, the President of the People's Committee of Ho Chi Minh City shall decide to delegate the power of the President of district to a Vice President of the district until there is a decision to appoint the President of district.

4. Duties and powers of the People’s Committee of district specified in Clauses 2, 3, 5 and 11, Article 5 of Resolution No. 131/2020/QH14 must be discussed collectively before the President of district decides and takes responsibility for his/her decision. Officials of the district work according to the working regulations, the principle of democratic centralism and compliance with the provisions of the law.

The collectives defined in this Clause include:  the President of district, the Vice President of district, the Chief Police of district, the Commander of Military Command of district, and the heads of specialized agencies under the People’s Committee of district. In addition, based on the content of the meeting, the President of district can invite other stakeholders.

5. Activities of the People’s Committee of district 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 district.

6. 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 district must be democratic, open, transparent, unified, and thorough.

7. When necessary, the President of district authorizes the Vice President of district, the head of the specialized agency, other administrative agency, and public-sector entity of the People’s Committee of district and the President of the ward to handle one or several tasks within the jurisdiction of the People's Committee of district.

Article 9. Holding meetings of the People's Committee of district

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

2. The President of district invites the Secretary of the Party Committee of district, the President of the Vietnam Fatherland Front Committee of district, the heads of socio-political organizations of district, the National Assembly deputies and People's Council deputies of Ho Chi Minh City to attend the meeting of the People’s Committee of district when the meeting agenda has related issues.

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

Article 10. Holding a dialogue conference between the President of district and the People

1. On an annual basis, before the regular meeting of the People's Council of Ho Chi Minh City, the President of district is responsible for holding a dialogue conference with the people in the district about the operation of the People’s Committee of district and wards, and issues related to the rights and wishes of citizens in the district.

Based on the size of the population, the President of district can hold dialogues with the people by ward or neighborhood. The People's Committee of district must announce on the mass media and the People's Committees of wards so that the People's Committees of wards notify residential communities and neighborhoods 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 between the President of district and the People must be sent to the Standing Committee of the People's Council, the People's Committee, the President of the People's Committee of Ho Chi Minh City, and the Leader of the group of the People's Council deputies of Ho Chi Minh City in the district 7 days before the opening of the nearest regular meeting of the People's Council of Ho Chi Minh City.

Article 11. Responsibilities of the President of district and the Vice President of district

1. The President of district is responsible for implementing the provisions of the Law on officials, other relevant law provisions, abiding by the working regulations of the People’s Committee of district and has the following responsibilities:

a) Be held accountable to the law, the People's Council, the People's Committee, the President of the People's Committee of Ho Chi Minh City for the performance of duties and powers of the People’s Committee of district.

b) Be responsible for the management of officials and public employees of the district and wards according to the provisions of this Decree and according to the delegation and authorization;

c) Promulgate working regulations of the People’s Committee of district; sign documents of the People’s Committee of district with the title of President and is responsible for the documents of the People’s Committee of district.

2. The Vice President of district is responsible for performing the duties assigned, authorized by the President of district and responsible for his or her directions and decisions.

3. The President of district or the Vice President of district, who breaches the responsibilities specified in Clause 1 or 2 of this Article, shall be handled according to the provisions of the Law on officials, the provisions of relevant laws and guiding documents.

Article 12. Working relationship of the People’s Committee of district with the People's Committee and President of the People's Committee of Ho Chi Minh City

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 Ho Chi Minh City. When encountering issues beyond his/her authority, the President of district must report to the People's Committee and the President of the People's Committee of Ho Chi Minh City to seek direction; report to the People's Committee and President of the People's Committee of Ho Chi Minh City according to regulations.

2. The People’s Committee of district, the specialized agencies of the People’s Committee of district shall abide by the inspection by the People's Committee, the President of the People's Committee of Ho Chi Minh City and the specialized agencies of the People's Committee of Ho Chi Minh City in performing tasks.

Article 13. Working relationship of the People’s Committee of district with the Party Committee of district, the Vietnam Fatherland Front Committee and socio-political organizations of district

Follow the working regulations of the People’s Committee of district with the Party Committee of district, the Vietnam Fatherland Front Committee, and socio-political organizations of district and perform the following tasks:

1. The People’s Committee of district is subject to the leadership of the Party Committee of district and reports to the Party Committee of district on the performance of the tasks assigned by the People's Committee, President of the People's Committee of Ho Chi Minh City.

2. The People’s Committee of district shall closely coordinate with the Vietnam Fatherland Front Committee and socio-political organizations of district in performing the tasks as prescribed.

Article 14. Procedures for promulgating legal documents of the People’s Committee of district

1. The form of legislative document of the People's Committee of district is decision.

2. Drafting the decision of the People’s Committee of district

a) The draft decision of the People’s Committee of district is assigned by the President of district and is made by the specialized agency affiliated to the People’s Committee of district. The drafting agency is responsible for developing the draft and submitting the draft decision;

b) Based on the nature and content of the draft decision, the drafting agency shall seek consultation of the concerned agencies or organizations and the entities directly affected by the decision. The concerned agencies and organizations from whom the consultations are sought shall have to respond in writing within 07 days from the date of receipt of the draft decision. In case of taking opinions from entities directly affected by the decision, the agency seeking consultation is responsible for identifying issues that need to be consulted and to ensure at least 07 days from the date of consultation so that the entities give consultations about the draft decision.

3. Appraise draft decisions of the People’s Committee of district

a) The Department of Justice is responsible for appraising the draft decision of the People’s Committee of district before submitting it. At least 10 days before the meeting date of the People’s Committee of district, the drafting agency must send draft decision documents to the Department of Justice for appraisal;

b) Documents submitted for appraisal include:  statement and draft decision; a summary of consultation responses about the draft decision; other documents (if any);

c) Contents and reports on appraisal in compliance with Clauses 3, 4 and 5 Article 121 of the Law on Promulgation of Legislative Documents and Clause 36 Article 1 of the Law on amendments to the Law on Promulgation of Legislative Documents;

d) At least 05 days before the meeting date of the People’s Committee of district, the Department of Justice sends the appraisal report to the drafting agency.

4. Documents about draft decision to be submitted to the People’s Committee of district, the President of district

a) The drafting agency sends documents about the draft decision to the People’s Committee of district at least 03 working days before the meeting date of the People’s Committee of district to send it to the President, the Vice President and the heads of specialized agencies of the People’s Committee of district;

b) Documents about draft decision to be submitted to the People’s Committee of district include: Documents specified in Point b Clause 3 of this Article; appraisal report of the Department of Justice.

5. Procedures for considering and promulgating the draft decision of the People’s Committee of district

a) The draft decision of the People’s Committee of district is consulted in a collective discussion at the meeting of the People’s Committee of district held by the President of district;

b) The President of district signs for promulgation of the decision of the People’s Committee of district as the head of the issuing agency.

Chapter III

ORGANIZATION AND OPERATION OF THE PEOPLE'S COMMITTEE OF THE CITY AFFILIATED TO HO CHI MINH CITY, RESPONSIBILITIES OF THE PRESIDENT OF THE PEOPLE'S COMMITTEE OF THE CITY AFFILIATED TO HO CHI MINH CITY

Article 15. Specialized agencies affiliated to the People’s Committee of the city affiliated to Ho Chi Minh City

1. Specialized agencies affiliated to the People’s Committee of the city affiliated to Ho Chi Minh City include:

a) Office of the People’s Council and the People's Committee;

b) Division of Home Affairs;

c) Division of Justice;

d) Division of Finance and Planning

dd) Division of Labor, War Invalids, and Society;

e) Division of Culture and Information;

g) Division of Urban area management;

h) Division of Natural resources and Environment;

i) Division of Education and Training;

k) Inspectorate of district;

l) Division of Economics;

m) Division of Health;

n) Division of Science and Technology.

2. Pursuant to the Government’s Decree No. 37/2014/ND-CP, the Government’s Decree No. 108/2020/ND-CP and clause 1 of this Article, the People’s Committee of the city affiliated to Ho Chi Minh City shall seek approval from the People’s Council of the same level for the establishment, re-organization, dissolution of divisions in conformity with the public administration requirements in the city affiliated to Ho Chi Minh City; specific regulations on functions, duties, and powers of divisions affiliated to the People’s Committee of the city affiliated to Ho Chi Minh City.

3. The number of deputies of the heads of specialized agencies affiliated to the People’s Committee of the city affiliated to Ho Chi Minh City shall be decided by the People’s Committee of the city affiliated to Ho Chi Minh City but up to 03 persons.

Article 16. Management of finance and state budget

1. The People's Committee of Ho Chi Minh City shall seek approval from the People’s Council of the same level for the delegation of revenue sources and obligatory expenditures between the budget of Ho Chi Minh City and the budget of the People’s Committee of the city affiliated to Ho Chi Minh City.

2. The People's Committee of Ho Chi Minh City shall seek approval from the People’s Council of the same level for the given rate of budgetary allocation in conformity with the budget of the People’s Committee of the city affiliated to Ho Chi Minh City to ensure the resources for realization of socio-economic development objectives of the People’s Committee of the city affiliated to Ho Chi Minh City.

3. The People’s Committee of the city affiliated to Ho Chi Minh City shall implement the regimes for creation of the sources of wage reform as prescribed. After the budget of the People’s Committee of the city affiliated to Ho Chi Minh City ensures sufficient sources of wage reform and implementation of social security policies for the period of budget stability as prescribed by the competent authorities, the People's Council of the city affiliated to Ho Chi Minh City may decide the use of the residual wage reform source of the budget of the city affiliated to Ho Chi Minh City to invest in socio-economic infrastructure under the obligatory expenditures of the city budget.

Chapter IV

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

Article 17. 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 18. Principle of operation and working 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. The President of ward shall hold collective discussion about the issues specified in clauses 1, 2, and 3 Article 9 of Resolution No. 131/2020/QH14 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, 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, the President of the People’s Committee of the city affiliated to Ho Chi Minh City 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 19. 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, 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, the People’s Committee of the city affiliated to Ho Chi Minh City 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 20. Holding a dialogue conference between the President of ward and the People

1. On an annual basis, before the regular meeting of the People's Council of Ho Chi Minh City, the President of ward is responsible for holding a dialogue conference with the people in the ward about the operation of the People’s Committee of ward and wards, and issues related to the rights and wishes of citizens in the ward. Depending on the population size, a dialogue can be organized with the People through the representatives of neighborhoods. 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 between the President of ward and the People must be sent to the Standing Committee of the People's Council, the People's Committee, the President of the People's Committee of Ho Chi Minh City, and the Leader of the group of the People's Council deputies of Ho Chi Minh City of district.

The results of a dialogue conference between the President of ward affiliated to the People’s Committee of the city affiliated to Ho Chi Minh City and the People must be sent to the Standing Committee of the People's Council, the People's Committee, the President of the People's Committee of the city affiliated to Ho Chi Minh City, and the Leader of the group of the People's Council deputies of the city affiliated to Ho Chi Minh City.

Article 21. 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 law and President of the district, the President of the People's Committee of the city affiliated to Ho Chi Minh City 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 district, and the President of the People's Committee of the city affiliated to Ho Chi Minh City.

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 22. 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 23. 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 without the consent of the competent authority; 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 18 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 22. Working relationship of the People’s Committee of ward and the President of ward with the People’s Committee of district and the President of district and the People’s Committee of the city affiliated to Ho Chi Minh City, the President of the People's Committee of the city affiliated to Ho Chi Minh City

1. The President of ward is subject to the direct leadership and direction of the President of district, the President of the People's Committee of the city affiliated to Ho Chi Minh City. When encountering issues beyond his/her authority, the President of ward must report to the President of district, the President of the People's Committee of the city affiliated to Ho Chi Minh City to seek direction; report to the President of district, the President of the People's Committee of the city affiliated to Ho Chi Minh City 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, the People's Committee of the city affiliated to Ho Chi Minh City in performing tasks in the ward.

Article 25. Working relationship of the People’s Committee of ward and the President of ward with the People’s Council of the People’s Committee of the city affiliated to Ho Chi Minh City

1. The People’s Committee of ward and the President of ward shall be subject to supervision of the People’s Council of the city affiliated to Ho Chi Minh City during their operation, performance of tasks and powers; the compliance with the Constitution, laws, the implementation of resolutions of the People’s Council of the city affiliated to Ho Chi Minh City and the People’s Council of Ho Chi Minh City.

2. Quarterly reports or ad-hoc reports, upon request, on performance shall be sent to the People’s Council of the city affiliated to Ho Chi Minh City. The President of ward shall be accountable to the People’s Council of the city affiliated to Ho Chi Minh City for relevant issues.

Article 26. 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 the city affiliated to Ho Chi Minh City, the People’s Committee of district as per the law.

Article 27. 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 28. 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 V

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

Article 29. Regular officials of ward

1. The average number of officials working at the People’s Committee of ward is 15, this average number is calculated on the total number of wards of a district, city affiliated to Ho Chi Minh City.

2. The People's Committee of Ho Chi Minh 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, city affiliated to Ho Chi Minh City out of total regular personnel allocated by the competent authority.

3. Based on Clauses 1 and 2 of this Article and situation of each ward, the People’s Committee of district, the People’s Committee of the city affiliated to Ho Chi Minh City shall decide a given number of officials of each official position working at the People’s Committee of ward. .

Article 30. Recruitment, employment, and management of officials and public employees working at the People's Committee of ward, the People’s Committee of the city affiliated to Ho Chi Minh City, and the People’s Committee of ward

1. The People's Committee of Ho Chi Minh City, the President of the People’s Committee of Ho Chi Minh City shall, on their own or delegation, authorization to the President of district, the President of the People’s Committee of the city affiliated to Ho Chi Minh City, recruit, employ and manage officials and public employees working at the People's Committee of districts, city affiliated to Ho Chi Minh City and wards.

2. The recruitment, employment and management of officials and public employees working at the People's Committees of districts, city affiliated to Ho Chi Minh City, and wards shall comply with the provisions of the Law on officials and the Government's regulations on recruitment, employment and management of officials and the titles specified in Article 17 hereof.

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 districts and wards and recruitment needs, the President of district, the President of the People’s Committee of the city affiliated to Ho Chi Minh City shall develop a recruitment plan and send it to the Department of Home Affairs for an unanimous agreement before implementation (if delegated or authorized by the People's Committee or the President of the People's Committee of Ho Chi Minh City).

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 according to regulations;

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

Perform other contents as delegated or authorized by the People's Committee or the President of the People's Committee of Ho Chi Minh City, the People’s Committee of district, city affiliated to Ho Chi Minh City.

Article 31. Procedures for appointment, re-appointment, transfer, rotation, secondment, dismissal, or resignation of leadership and management positions of the People's Committees of districts, wards

Procedures for the appointment, re-appointment, transfer, rotation, secondment, dismissal, or resignation of the President, Vice-President of the district or ward and other leadership and managerial positions of the People's Committee of district complies with the Law on officials and the Government's regulations on recruitment, employment and management of officials.

Article 32. Term of appointment of leaders and managers of the district or ward

1. The term of appointment of the President and Vice Presidents of district or ward for each appointment is 5 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 district or ward.

3. When the appointment term of the President or Vice President of district or ward expires, the competent agencies or organizations must proceed with the process of consideration, re-appointment, or extension of the term, except where otherwise provided by law.

Article 33. Commendation and discipline for officials working at the People's Committees of districts and wards

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

Article 34. Suspension from work for officials working at the People's Committees of districts and wards

1. An official working at the People’s Committee of district or ward who breaches a labor discipline or commits a violation of law, with a request or confirmation of the competent authority, may be suspended from work.

2. The President of the People’s Committee of Ho Chi Minh City or the President of district, the President of the People’s Committee of the city affiliated to Ho Chi Minh City, the President of ward shall, within their delegation of official management, issue a decision on work suspension based on the ground specified in clause 1 hereof.

Chapter VI

MAKING OF BUDGET ESTIMATES, ENACTMENT AND STATEMENT OF BUDGET OF DISTRICT OR WARD

Article 35. Making of budget estimates

1. The People's Committee of Ho Chi Minh 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 budget of Ho Chi Minh City, budgets of districts, city affiliated to Ho Chi Minh City, budgets of communes and towns); guide specific requirements, contents, construction documents, prepare and adjust budget estimates of districts, city affiliated to Ho Chi Minh City, wards to ensure compliance with requirements, content and time of making local budget estimates according to regulations of the Law on State Budget.

2. Making of annual budget estimates:

a) The People's Committee of ward of the city affiliated to Ho Chi Minh City shall make the budget revenue and expenditure estimate and send it to the Finance - Planning Division of the city affiliated to Ho Chi Minh City for consideration and consolidation together with the budget estimates of affiliated budget estimate units of the city affiliated to Ho Chi Minh City and submitting them to the People's Committee of the city affiliated to Ho Chi Minh City, further to People’s Council of the same level for decision.

The People's Council of the city affiliated to Ho Chi Minh City shall decide its budget estimates, budget allocation no later than 10 days from the date on which the People’s Council of Ho Chi Minh City decides the budget estimates and budget allocation.

b) The People’s Committee of ward affiliated to the district shall make the budget revenue and expenditure estimate and send it to the Finance - Planning Division of district for consideration and consolidation together with the budget estimates of affiliated budget estimate units of district and submitting them to the People's Committee of district, the Department of Finance, the Department of Planning and Investment, further to the People’s Committee of Ho Chi Minh City and the People’s Council of the same level for decision.

c) No later than 05 working days from the date the People's Council of Ho Chi Minh City decides the budget estimates; the People's Committee of Ho Chi Minh City shall assign the following year's budget estimates to the People’s Committee of district or city affiliated to Ho Chi Minh City.

Prior to December 31 of each year, the People’s Committee of district, city affiliated to Ho Chi Minh City must complete the assignment of following year's budget estimate to each ward, agency, and budget estimate unit.

Article 36. Enactment of budget

1. Allocation of budget estimates:

a) Pursuant to the resolution of the People's Council of Ho Chi Minh City and the decision on allocation of estimates made by the People's Committee of Ho Chi Minh City, the People’s Committee of district shall allocate and assign the budget estimates to each agency, budget-using unit under the district and each ward, send them to the Department of Finance, and at the same time send to the State Treasury where the transactions are made.

b) Pursuant to the resolution of the People's Council of the city affiliated to Ho Chi Minh City, the People's Committee of the city affiliated to Ho Chi Minh City shall allocate and assign the budget estimates to each agency, budget-using unit under the district and each ward, send them to the Department of Finance, and at the same time send to the State Treasury where the transactions are made.

c) The allocation and assignment of budget estimates must comply with the time limit and requirements prescribed in Articles 49 and 50 of the Law on State Budget and its guiding documents.

2. People's Committees of districts and 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. The People's Committee of district and the People’s Committee of ward are responsible for the management and use of the budget according to the assigned estimates, evaluating the results of task performance, ensuring efficiency, thrift, compliance with budget spending policies, regimes, standards and expenditure limits.

4. Adjustment of district and ward budget estimates in the course of budget enactment shall comply with Article 53 of the Law on State Budget and its guiding documents.

Adjustment of ward budget estimates of the city affiliated to Ho Chi Minh City in the course of budget enactment shall comply with Article 52 of the Law on State Budget and its guiding documents.

Article 37. Statement of state budget

1. On the annual basis, the People's Committee of Ho Chi Minh City, the People’s Committee of district, the People's Council of the city affiliated to Ho Chi Minh City shall direct the Division of Finance and Planning of district, city affiliated to Ho Chi Minh City 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, the People's Council of the city affiliated to Ho Chi Minh City.

a) 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 to review and consolidate, and report on the final statement of the district budget revenues and expenditures, and then further report to the People’s Committee of district and submit to the Department of Finance.

The People’s Committee of ward affiliated to city affiliated to Ho Chi Minh City 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 the city affiliated to Ho Chi Minh City to review and consolidate, and report on the final statement of the district budget revenues and expenditures, and then further report to the People’s Committee of the city affiliated to Ho Chi Minh City and the People's Council of Ho Chi Minh City for approval.

The time limit for the People’s Council and the People’s Committee of the city affiliated to Ho Chi Minh City to send a final statement of budget to the above-mentioned agencies shall be decided by the People's Council of Ho Chi Minh City.

2. The Department of Finance of Ho Chi Minh City shall appraise and consolidate statements of budget of districts and the city affiliated to Ho Chi Minh City, to further report to the People’s Committee of Ho Chi Minh City, and then to seek approval from the People’s Council of the same level.

Chapter VII

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 38. Duties of national defense

1. Within the scope of its duties and powers, the People's Committee of Ho Chi Minh City shall organize the performance of national defense duties in the districts, wards 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 districts and 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 in accordance with law.

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

2. The Presidents of districts and wards shall propose and coordinate the performance of the tasks specified in Clause 1 of this Article, assigned by the People's Committee of Ho Chi Minh City and the President of the People's Committee of Ho Chi Minh City.

Article 39. Duties of security, social order, and safety

1. Within the scope of its duties and powers, the People's Committee of Ho Chi Minh City shall organize the performance of duties of security, social order, and safety in the districts, city affiliated to Ho Chi Minh City, and wards 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 districts, city affiliated to Ho Chi Minh City, and wards to direct police of districts, city affiliated to Ho Chi Minh City, and 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 in districts, city affiliated to Ho Chi Minh City, and wards.

d) Direct the People's Committees of districts, city affiliated to Ho Chi Minh City, and wards to coordinate with Vietnam Fatherland Front Committees of districts, city affiliated to Ho Chi Minh City, and wards and member organizations, relevant agencies and organizations in performing the task of security protection, social security and order and safety in districts, city affiliated to Ho Chi Minh City, and wards.

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

2. The Presidents of districts, city affiliated to Ho Chi Minh City, and wards shall propose and coordinate the performance of the tasks specified in Clause 1 of this Article, assigned by the People's Committee of Ho Chi Minh City and the President of the People's Committee of Ho Chi Minh City.

Article 40. Duties of prevention and control of law violations

Within the scope of its duties and powers, the People's Committee of Ho Chi Minh City shall organize the performance of prevention and control of law violations in the city as prescribed by law and the following specific tasks:

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

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

Chapter VIII

IMPLEMENTATION

Article 41. Entry into force

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

Article 42. Grandfather clause

1. 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 shall review the records of the commune-level officials working at the People’s Committee of ward to report to the President of district, the President of the People’s Committee of the city affiliated to Ho Chi Minh City. Upon a written appraisal issued by the Department of Home Affairs, the President of district, the President of the People’s Committee of the city affiliated to Ho Chi Minh City 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, city affiliated to Ho Chi Minh City.

The appointment of grade and salary adjustment for officials working at the People’s Committee of wards shall be submitted in writing by the President of district, city affiliated to Ho Chi Minh City to the Department of Home Affairs for consideration and decision or to submit to competent authorities for consideration and decision as per the law.

2. The term of office of the President, Vice President of the People's Committee of a district or ward before July 1, 2021 shall be counted towards the term of office of the President, Vice President of the district or ward as specified in Clauses 1, 2, Article 32 of this Decree.

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

Article 43. Placement, arrangement, and provision of benefits and policies for officials and public employees working at districts, Thu Duc City, and wards

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

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

b) Those that are the Presidents, Vice Presidents of the People's Committees of districts, wards but are not appointed as President or Vice Presidents of districts, wards upon implementation of Resolution 131/2020/QH14 and this Decree.

2. The number of leaders, managerial positions, and regular officials and public employees of agencies affiliated to Thu Duc City affiliated to Ho Chi Minh City shall comply with the Resolution No. 653/2019/UBTVQH14 dated March 12, 2019 of the Standing Committee of National Assembly on arrangement of administrative divisions of districts and communes in the period of 2019 - 2021.

3. The commune-level officials working in the People’s Committee of 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.

4. In addition to the benefits and policies specified in Clause 3 of this Article, on the basis of balancing the local budget, the People's Committee of Ho Chi Minh 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 3 of this Article.

Article 44. Enactment of budget estimates of district, city affiliated to Ho Chi Minh City, and ward by 2021

1. Regarding delegation of revenue sources, obligatory expenditures between budget levels

a) Revenue sources and obligatory expenditures of budgets of districts and wards decided by the People’s Council of Ho Chi Minh City shall remain effective until the budget year of 2021.

b) Revenue sources and obligatory expenditures between the budget of Ho Chi Minh City and the budgets of the city affiliated to Ho Chi Minh City and wards affiliated to city affiliated to Ho Chi Minh City shall be decided by the People’s Council of Ho Chi Minh City.

Revenue sources and obligatory expenditures between the budget of Ho Chi Minh City and the budgets of the city affiliated to Ho Chi Minh City and wards affiliated to city affiliated to Ho Chi Minh City, following the decision made by the People’s Council of Ho Chi Minh City, shall remain effective until the budget year of 2021.

2. Enactment of budget estimates of district, city affiliated to Ho Chi Minh City, and ward by 2021

a) As for budget of district or ward:

- From January 1 to June 30, 2021, based on the budget estimate of 2021 decided by the People’s Council of district, ward, the People’s Committee of district, ward shall enact the budget in accordance with the Law on State Budget and its guiding documents.

- From July 1, 2021, the People’s Committee of district, ward shall enact the budget within the remaining budget estimate of 2021 already decided by the People’s Council. The adjustment to budget estimates may be carried out within the tasks and powers of a level-I budget estimate unit; if the adjustment goes beyond the authority, the People’s Committee of ward shall report to the People’s Committee of district for consolidation and report to the Department of Finance, and to further report to the People’s Committee of Ho Chi Minh City and the Standing board of People’s Council of Ho Chi Minh City for decision, and then to report to the People’s Council at the nearest meeting.

b) As for budget of the city affiliated to Ho Chi Minh City, ward affiliated to city affiliated to Ho Chi Minh City:

- Regarding the budget of the city affiliated to Ho Chi Minh City, based on the budget estimate of 2021 decided by the People’s Council of the city affiliated to Ho Chi Minh City, the People’s Committee of the city affiliated to Ho Chi Minh City shall enact the budget as per the Law on State Budget and its guiding documents.

- Regarding the budget of ward affiliated to city affiliated to Ho Chi Minh City:

From January 1 to June 30, 2021, based on the budget estimate of 2021 decided by the People’s Council of ward, the People’s Committee of ward shall enact the budget in accordance with the Law on State Budget and its guiding documents.

From July 1, 2021, the People’s Committee of ward shall enact the budget within the remaining budget estimate of 2021 already decided by the People’s Council of the same level. The adjustment to budget estimates may be carried out within the tasks and powers of a level-I budget estimate unit; if the adjustment goes beyond the authority, the People’s Committee of ward shall report to the People’s Committee of the city affiliated to Ho Chi Minh City to further report to the Standing board of People’s Council of Ho Chi Minh City for decision, and then to report to the People’s Council of the same level at the nearest meeting.

According to the principles prescribed in clause 2 hereof, the People’s Committee of Ho Chi Minh City shall provide guidelines for districts, city affiliated to Ho Chi Minh City, and wards.

3. Statement of budget estimates of district, city affiliated to Ho Chi Minh City, and ward by 2021

a) By the end of the budget year of 2021, the People’s Committee of Ho Chi Minh City shall provide guidance on accounting for districts, city affiliated to Ho Chi Minh City, and wards: Closing the accounting books; doing asset inventory; determining  unpaid debts; making financial statements; making handover minutes; handing over accounting documents and data as prescribed;

b( Transfer budget surplus of districts and wards; source of wage reform of districts and wards to the budget of Ho Chi Minh City for management in accordance with regulations. The wards affiliated to the city affiliated to Ho Chi Minh City shall transfer the amounts provided for herein to the budget of the city affiliated to Ho Chi Minh City.

Article 45. Implementation

1. The Ministry of Home Affairs shall guide and inspect the pilot implementation of the urban administration model in Ho Chi Minh City specified in Resolution No. 131/2020/QH14 and this Decree.

2. The People's Council, the People's Committee of Ho Chi Minh City is responsible for the implementation of this Decree. The People's Committee of Ho Chi Minh City shall promulgate model working regulations of the People's Committees of districts, the city affiliated to Ho Chi Minh City and wards.

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

 

ON BEHALF OF THE GOVERNMENT PRIME MINISTER Nguyen Xuan Phuc