Chương VIII 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: Điều khoản thi hành

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.