Chương 3: Nghị quyết số 725/2009/UBTVQH12 Nhiệm vụ, quyền hạn, tổ chức và hoạt động của ủy ban nhân dân huyện, quận, phường nơi không tổ chức hội đồng nhân dân

Chapter III

TASKS, POWERS, ORGANIZATION AND OPERATION OF PEOPLE'S COMMITTEES OF RURAL DISTRICTS. URBAN DISTRICTS AND WARDS WHERE NO PEOPLE'S COUNCIL IS ORGANIZED

Section I. TASKS AND POWERS OF PEOPLES COMMITTEES OF RURAL DISTRICTS. URBAN DISTRICTS AND WARDS WHERE NO PEOPLE'S COUNCIL IS ORGANIZED

Article 6.

The People's Committees of rural districts where no People's Council is organized shall perform the tasks and powers defined in Clauses 3 and 4, Article 97. Clauses 2,3,4 and 5, Article 98, Articles 99 thru 106, and Clauses 1,2,3 and 4, Article 107 of the Law on Organization of People's Councils and People's Committees and other relevant laws, and the following tasks and powers:

1. To formulate annual socio-economic development plans and submit them to provincial-level People's Committees for approval; to organize and examine the implementation of these plans after they are approved;

2. To make state budget revenue estimates in localities, local budget revenue and expenditure estimates, and report them to immediately higher People's Committees for submission to their People's Councils for decision.

Pursuant to the assigned budget estimates, to decide on specific state budget revenue estimates in localities, local revenue and expenditure estimates and distribute budgets of their level, adjust local budget estimates when necessary, decide on policies and measures to implement budgets and report to immediately higher People's Committees on results of distribution and assignment of local budget estimates.

To make local budget revenue and expenditure settlements and report them to immediately higher People's Committees for submission to their People's Councils for ratification;

3. To formulate plannings, plans and programs to encourage agricultural, forestry, fishing and salt-making development in localities, and submit them to provincial-level People's Committees for approval; to organize the implementation of these plannings. plans and programs after they are approved.

Article 7.

The People's Committees of urban districts where no People's Council is organized shall perform the tasks and powers defined in Clauses 3 and 4. Article 98, Article 99. Clauses 2. 3 and 4, Article 100, Articles 101 thru 106, and Clauses 1.2, 3 and 4, Article 107. and Article 109 of the Law on Organization of People's Councils and People's Committees and other relevant laws, and the following tasks and powers:

1. To formulate annual socio-economic development plans and submit them to municipal People's Committees for approval; to organize and examine the implementation of these plans after they are approved;

2. To make state budget revenue estimates in localities, local budget revenue and expenditure estimates, and report them to immediately higher People's Committees for submission to their People's Councils for decision.

Pursuant to the assigned budget estimates, to decide on specific state budget revenue estimates in localities, local revenue and expenditure estimates and distribute budgets of their level, adjust local budget estimates when necessary, decide on policies and measures to implement budgets and report to immediately higher People's Committees on results of distribution and assignment of local budget estimates.

To make local budget revenue and expenditure settlements and report them to immediately higher People's Committees for submission to their People's Councils for ratification;

3. To approve socio-economic development plans of wards.

Article 8.

The People's Committees of wards where no People's Council is organized shall perform the tasks and powers defined in Clauses 3.4 and 5. Article 111. Clauses 1. 2 and 4. Article 112. Clauses 2, 3 and 4. Article 113, Articles 114 thru 117. and Clauses 2. 3 and 4. Article 118 of the Law on Organization of People's Councils and People's Committees and other relevant laws, and the following tasks and powers:

1. To formulate annual socio-economic development plans and submit them to immediately higher People's Committees for approval: to organize the implementation of these plans after they are approved;

2. To make state budget revenue estimates in their wards, local budget revenue and expenditure estimates, and report them to immediately higher People's Committees for decision. For wards under towns or provincial cities, they shall report them to immediately higher People's Committees for submission to their People's Councils for decision.

Pursuant to the assigned budget estimates, to decide on specific state budget revenue estimates in their wards, local revenue and expenditure estimates and distribute budgets of their level, adjust local budget estimates when necessary, decide on policies and measures to implement budgets and report to immediately higher People's Committees on results of distribution and assignment of local budget estimates.

To make local budget revenue and expenditure settlements and report them to immediately higher People's Committees for approval. For wards under towns or provincial cities, they shall report them to immediately higher People's Committees for submission to their People's Councils for ratification;

3. To organize uniform implementation of socio-economic development plans and urban plannings. building of urban civilized lifestyles, prevention and combat of social evils, preservation of order, sanitation, cleanliness and beauty of street quarters, street beds, pavements, public order and urban landscape in their wards;

4. To coordinate with the Vietnam Fatherland Front Committees of the same level in setting up groups of election of National Assembly deputies and groups of election of People's Council deputies; to organize the election of National Assembly deputies and People's Council deputies in accordance with law.

Section 2. ORGANIZATION AND OPERATION OF PEOPLES COMMITTEES OF RURAL DISTRICTS. URBAN DISTRICTS AND WARDS WHERE NO PEOPLES COUNCIL IS ORGANIZED

Article 9.

1. People's Committees of rural districts and urban districts where no People's Council is organized are state administrative bodies attached to People's Committees of provinces or centrally run cities; People's Committees ol wards where no People's Council is organized are state administrative bodies attached to People's Committees of urban districts, towns or provincial cities; shall decide on policies and measures for socio-economic development and consolidating defense and security in their localities in accordance with law and the decentralization of higher-level People's Committees; and ensure uniform direction and management in the state administrative apparatus from central to grassroots levels.

2. A People's Committee of a rural district, urban district or ward where no People's Council is organized has a president, vice president and members directly appointed, relieved from duty and dismissed by the president of the immediately higher People's Committee.

3. A People's Committee of a rural district or urban district where no People's Council is organized consists of between seven and nine members; a People's Committee of a ward consists of between three and five members.

The membership structure of the People's Committee of a rural district, urban district or ward where no People's Council is organized shall be stipulated by the Government.

Article 10.

1. People's Committees of rural districts or urban districts where no People's Council is organized shall collectively discuss and decide by majority on the following issues:

a/ Working regulations, annual activity programs and adoption of reports of People's Committees before submission to higher-level People's Committees;

b/ Socio-economic development plannings and plans; estimates and settlements of annual budgets and reserve funds of their level; investment in and building of key construction works; mobilization of workforce and finance for dealing with urgent local issues in accordance with law and the decentralization of higher-level People's Committees;

c/ Policies and measures for local socioeconomic development, defense and security maintenance;

d/ Adoption of schemes on establishment, merger and dissolution of specialized agencies of People's Committees;

e/ Other issues proposed by their presidents.

2. People's Committees of wards where no People's Council is organized shall collectively discuss and decide by majority on issues specified at Points a, b, c and e. Clause 1 of this Article.

3. A People's Committee of a rural district, urban district or ward where no People's Council is organized shall meet at least once a month. Its decisions must be voted for by more than half of its total members. In case votes for and against are equal, the decision belongs to the side with the opinion of the People's Committee president.

4. A People's Committee of a rural district, urban district or ward where no People's Council is organized shall issue decisions and directives to perform its tasks and powers.

Article 11.

1. The president of the People's Committee of a rural district, urban district or ward where no People's Council is organized shall lead and run (he work of his/her People's Committee and take responsibility before law and the higher-level People's Committee for the performance of the tasks and powers of the People's Committee.

2. The president of the People's Committee of a rural district where no People's Council is organized shall perform the tasks and powers defined in Article 127 of the Law on Organization of People's Councils and People's Committees, and the following tasks and powers:

a/To approve results of election of chairmen and vice chairmen of People's Councils of communes and townships;

b/ To stop the implementation of unlawful resolutions of People's Councils of communes and townships, and propose the provincial-level People's Committee president to request provincial-level People's Councils to cancel these resolutions.

3. Presidents of People's Committees of urban districts where no People's Council is organized shall perform the tasks and powers defined in Clauses 1, 2. 4. 5, 6 and 7. Article 127 of the Law on Organization of People's Councils and People's Committees, and appoint, relieve from duty, transfer, dismiss, commend and discipline presidents, vice presidents and members of People's Committees of wards, and cadres and public servants under their decentralized management.

4. Presidents of People's Committees of wards where no People's Council is organized shall perform the tasks and powers defined at Points c and d. Clause 1, and Clauses 2, 6 and 7, Article 127 of the Law on Organization of People's Councils and People's Committees.

Article 12.

Vice presidents and members of People's Committees of rural districts, urban districts and wards where no People's Council is organized shall perform their tasks and powers under the working regulations and as assigned by their People's Committee presidents; shall lake responsibility before law and their People's Committee presidents for the performance of their assigned tasks and powers; and shall, together with the People's Committee president and other members, take collective responsibility for issues decided by the People's Committees.

Article 13.

1. Specialized agencies of People's Committees of rural districts or urban districts where no People's Council is organized shall advice and assist their People's Committees in performing the state management function in their districts, perform several tasks and powers as assigned by their People's Committees and prescribed by law; and shall contribute to ensuring their branch's or domain's uniform management from central to grassroots levels.

2. Specialized agencies of People's Committees of rural districts and urban districts where no People's Council is organized shall submit to the direction and management in terms of organization, staffing and work by their People's Committees and concurrently to the professional direction and examination by specialized agencies of provincial-level People's Committees; and shall report on their work to their People's Committees and higher-level specialized agencies.

3. The organization of specialized agencies of People's Committees of rural districts or urban districts where no People's Council is organized complies with the Government's regulations.

Article 14.

1. Presidents of Vietnam Fatherland Front Committees and heads of mass organizations in rural districts, urban districts and wards where no People's Council is organized may be invited to meetings of People's Committees at the same level to discuss relevant matters.

2. People's Committees of rural districts, urban districts and wards where no People's Council is organized shall create favorable conditions for Vietnam Fatherland Front Committees and mass organizations at the same level to organize and mobilize people to participate in building and consolidating people's administrations, organize the implementation of state policies and laws and oversee activities of state agencies, cadres and public servants.

2. People's Committees of rural districts, urban districts and wards where no People's Council is organized shall implement the regime of reporting on the situation of all local aspects to Vietnam Fatherland Front Committees and mass organizations at the same level.

People's Committees of rural districts, urban districts and wards where no People's Council is organized and their members shall settle and respond to recommendations of Vietnam Fatherland Front Committees and mass organizations at the same level.