Chương II 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: Tổ chức và hoạt động của ủy ban nhân dân quận, chế độ trách nhiệm của chủ tịch ủy ban nhân dân quận

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.