Chương I 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: Quy định chung

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.