Chapter VII
IMPLEMENTATION
Article 37. Entry into force
This Decree comes into force as of the date of signing.
Article 38. 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. Upon a written appraisal issued by the Department of Home Affairs, the President of district shall issue a decision to move the commune-level official working at the People’s Committee of ward into a regular official on the payroll of the People’s Committee of district.
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 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 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 of the district or ward as specified in Clause 2, Article 29 of this Decree.
3. The People's Committee of Da Nang city is responsible for formulating plans for training and retraining of ward officials to meet official standards and job requirements.
Article 39. Placement, arrangement and settlement of benefits and policies for the President, Vice President of the People's Council, People's Committee of district and ward and specialized officials of ward
1. The People's Council and the People's Committee of Da Nang 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 wards but are not appointed as President or Vice Presidents of wards upon implementation of Resolution 119/2020/QH14 and this Decree.
2. The commune-level officials specified in Clause 1 of this Article and the commune-level officials working in the 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.
3. In addition to the benefits and policies specified in Clause 2 of this Article, on the basis of balancing the local budget, the People's Committee of Da Nang 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 2 of this Article.
Article 40. Enactment of district and ward budget estimates by 2021
1. Regarding delegation of revenue sources, obligatory expenditures for district and ward budgets
The People's Committee of Da Nang city submits to the People's Council of Da Nang city for decision on amendments to the delegated details of revenue sources, obligatory expenditures between levels of local budgets (for budgets of the city and districts, communes and town) and budgets of districts and wards from July 1, 2021 in consistency with the new urban government model of the city.
2. Enactment of the budget estimates of budget estimate units of districts and wards
a) Based on the report of the People’s Committee of ward, the People’s Committee of district shall summarize the revenue and expenditure results from January 2021 to the end of June 30, 2021 and send it to the Department of Finance to report to the People's Committee of Da Nang city, and then further submit to the Standing Committee of the People's Council of Da Nang city for decision to adjust the budget estimate of the district and ward in 2021 and report to the People's Council of Da Nang city at the nearest meeting;
b) The People's Committee of Da Nang city must complete the assignment of the budget estimate to each People's Committee of district by July 31, 2021. The People’s Committee of district is temporarily allocated the budget to spend on the tasks under Article 51 of the Law on State Budget in case the People's Committee of city has not yet assigned the budget estimate.
3. Statement of district and ward budgets from January 1, 2021 to June 30, 2021
) The People's Committee of Da Nang city guides the People's Committees of districts and People’s Committees of wards to do the accounting, including: Closing the accounting books to the end of June 30, 2021; doing asset inventory; determining unpaid debts; making financial statements; making handover minutes; handing over accounting documents and data; transferring budget surplus, the wage reform source to the district budget for management in accordance with the regulations on consolidation and merger in Article 45, Article 46 of the Accounting Law.
b) Transfer budget surplus of districts and wards; source of wage reform of districts and wards to the city budget for management in accordance with regulations on consolidation and merger in Article 45, Article 46 of the Accounting Law;
c) The People’s Committee of ward shall make a statement of state budget revenues and expenditures of ward in the first 6 months of 2021 and send it to the Department of Finance and Planning of district for approval and consolidation to report to the People’s Committee of district, and then the People’s Committee of district shall further make a final statement of state budget revenues and expenditures of the district in the first 6 months of 2021, including ward budgets, send it to the Department of Finance for consideration and consolidation to report to the People's Committee of Da city Nang for consideration and report to the People's Council of the same level at the nearest meeting.
Article 41. Implementation
1. The Ministry of Home Affairs has the following responsibilities:
a) Guide and inspect the pilot implementation of the urban administration model in Da Nang city specified in Resolution No. 119/2020/QH14 and this Decree;
b) Take charge and coordinate with the People's Committee of Da Nang city in submitting to the Government for reporting to the Standing Committee of the National Assembly and the National Assembly on preliminary review of the pilot urban administration model in Da Nang city.
2. The People's Council, the People's Committee of Da Nang city is responsible for the implementation of this Decree. The People's Committee of Da Nang city is responsible for:
a) Promulgating model working regulations of the People's Committees of districts and wards;
b) Providing guidelines for documents and procedures for changing commune-level officials working at the People’s Committee of wards to regular officials on the payroll of the district-level People's Committees according to the provisions of Clause 1, Article 38 of this Decree;
c) Guiding the People's Committees of districts and wards to implement financial and budgetary regulations when piloting the organization of the urban administration model;
d) Reporting to the Ministry of Home Affairs to submit to the Government for consideration and decision on issues arising when piloting the urban administration model in Da Nang city.
3. Ministers, heads of ministerial-level agencies, heads of governmental agencies, President of People's Committee of Da Nang city and relevant agencies, organizations and individuals shall implement this Decree.
Tìm kiếm
Nghị định 34/2021/NĐ-CP hướng dẫn Nghị quyết 119/2020/QH14 về thí điểm tổ chức mô hình chính quyền đô thị và cơ chế, chính sách đặc thù phát triển thành phố Đà Nẵng (Bản Word)
Nghị định 34/2021/NĐ-CP hướng dẫn Nghị quyết 119/2020/QH14 về thí điểm tổ chức mô hình chính quyền đô thị và cơ chế, chính sách đặc thù phát triển thành phố Đà Nẵng (Bản Pdf)