Chương IV 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 phường, chế độ trách nhiệm của chủ tịch ủy ban nhân dân phường

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.