Chương V 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: Tuyển dụng, sử dụng và quản lý công chức làm việc tại ủy ban nhân dân quận, ủy ban nhân dân phường

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.