Circular No. 02/2009/TT-BNV guiding the implementation of the pilot program for not organizing People's Councils at district, town, and ward levels

CIRCULAR

Guidelines for Implementing the Pilot Program Without Establishing People's Councils at District, Urban District, and Commune Levels

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Pursuant to Resolution No. 26/2008/QH12 dated November 15, 2008 of the National Assembly on Implementing the Pilot Program Without Establishing People's Councils at District, Urban District, and Commune Levels;

Pursuant to Resolution No. 724/2009/UBTVQH12 dated January 16, 2009 of the Standing Committee of the National Assembly on the List of Districts, Urban Districts, and Communes of Central Provinces and Cities Participating in the Pilot Program Without Establishing People's Councils at District, Urban District, and Commune Levels;

Pursuant to Resolution No. 725/2009/UBTVQH12 dated January 16, 2009 of the Standing Committee of the National Assembly on Adjusting the Tasks and Authorities of People's Councils and People's Committees at Provincial and Municipal Levels and Defining the Tasks, Authorities, and Organizational Structure of People's Committees at District, Urban District, and Commune Levels Where There Are No People's Councils;

Pursuant to Decree No. 48/2008/NĐ-CP dated April 17, 2008 of the Government on the Functions, Tasks, Authorities, and Organizational Structure of the Ministry of Home Affairs;

Pursuant to Decision No. 241/QĐ-TTg dated February 23, 2009 of the Prime Minister Approving the Plan to Implement Resolution No. 26/2008/QH12 dated November 15, 2008 on Implementing the Pilot Program Without Establishing People's Councils at District, Urban District, and Commune Levels;

The Ministry of Home Affairs provides guidelines for implementing the pilot program without establishing People's Councils at District, Urban District, and Commune Levels as follows:

Article 1. Organization and Direction for Implementing the Pilot Program Without Establishing People's Councils at District, Urban District, and Commune Levels

1. Based on the resolutions of the National Assembly, the Standing Committee of the National Assembly, and the Plan of the Prime Minister, the People's Committees of provinces and centrally-administered cities where the pilot program is implemented (hereinafter referred to collectively as the pilot implementation location) may establish a Steering Board to direct the implementation of the pilot program without establishing People's Councils at District, Urban District, and Commune Levels in their respective localities.

a) In cases where a provincial or centrally-administered city Steering Board is established, the Steering Board shall organize and direct the implementation of the pilot program without establishing People's Councils at District, Urban District, and Commune Levels within its jurisdiction.

b) In cases where no Steering Board is established, the People's Committee of the province or centrally-administered city shall assist the Provincial Party Committee Standing Committee or the Municipal Party Committee Standing Committee in assigning specific agencies or individuals with authority at the local level to organize and implement the pilot program without establishing People's Councils at District, Urban District, and Commune Levels within their jurisdiction.

2. The People's Committee of the province or centrally-administered city shall report to the Government (through the Ministry of Home Affairs) the list of members of the Steering Board's permanent office or the permanent office directing the pilot program work, along with their positions, workplace addresses, specific telephone numbers, and fax numbers of the members and the permanent office directing and organizing the pilot program at the local level.

Article 2. Organization of Training and Propaganda for Implementing the Pilot Program

1. Organization of Training for Implementing the Pilot Program

The provincial or centrally-administered city Steering Board or the Provincial Party Committee Standing Committee or the Municipal Party Committee Standing Committee shall, based on the Prime Minister's plan, direct the dissemination and training on documents from the Party Central Committee, the National Assembly, the Standing Committee of the National Assembly, the Government, the Prime Minister, and central ministries and sectors regarding leadership, direction, and regulations on implementing the pilot program without establishing People's Councils at District, Urban District, and Commune Levels.

2. Organization of Propaganda Work for Implementing the Pilot Program.

a) Conduct extensive propaganda and dissemination among cadres, civil servants, and the public about the significance and purpose of the Party and State's policy on piloting the absence of People's Councils at District, Urban District, and Commune Levels;

b) Based on the specific characteristics and circumstances of each locality, the People's Committees at all levels where the pilot program is implemented shall organize propaganda through directing local information and communication agencies to disseminate information on the implementation of the pilot program; compile propaganda materials to provide information on the contents of the pilot program to various strata of the local population, focusing particularly on areas directly implementing the pilot program without establishing People's Councils at District, Urban District, and Commune Levels; and organize presentations on the basic contents of documents from the Party Central Committee, the National Assembly, the Standing Committee of the National Assembly, the Government, the Prime Minister, and central ministries and sectors.

c) The time for organizing propaganda work for implementing the pilot program begins during the implementation phase and continues throughout the entire duration of the pilot program in the locality.

Article 3. Implementing the conclusion of the term of operation of the People's Councils at the district, town, and ward levels where pilot implementation is carried out.

1. The People's Committees of provinces and centrally governed cities shall coordinate with the Standing Committee of the People's Councils at the same level to develop plans for concluding the term of operation of the People's Councils at the district, town, and ward levels where pilot implementation is carried out, and provide guidance on organizing the final session to conclude the term of operation from 2004 to 2009 of the People's Councils at the district, town, and ward levels.

2. The content of the final review of the term of operation of the People's Councils at the district, town, and ward levels focuses on evaluating the organization and operation of the People's Councils; the results of the implementation of tasks and powers of the People's Councils; the strengths, limitations, and remaining issues in the organization and operation of the People's Councils; and recommendations and proposals to the National Assembly, the Standing Committee of the National Assembly, and the Government during the term of operation of the People's Councils at the district, town, and ward levels.

Article 4. Implementing the appointment of Chairpersons, Vice-Chairpersons, and Members of the People's Committees at the district, town, and ward levels where pilot implementation is carried out.

1. The procedures and formalities for appointing Chairpersons, Vice-Chairpersons, and Members of the People's Committees at the district, town, and ward levels shall be implemented according to the provisions of Article 15 and Article 16 of Resolution No. 725/2009/QH12 dated January 16, 2009 of the Standing Committee of the National Assembly and Circular No. 01/2009/TT-BNV dated March 19, 2009 of the Ministry of Home Affairs guiding the procedures for appointing, relieving, and dismissing Chairpersons, Vice-Chairpersons, and Members of the People's Committees at the district, town, and ward levels where there is no People's Council.

2. The appointment of Chairpersons, Vice-Chairpersons, and Members of the People's Committees at the district, town, and ward levels may be carried out for those currently holding such positions if they still meet the conditions and standards for the appointed positions.

3. The appointment of Chairpersons of the People's Committees at the district and town levels should be conducted before the appointment of Vice-Chairpersons and Members of the People's Committees. For centrally governed cities, the appointment of Chairpersons of the People's Committees at the town level should be carried out before the appointment of Chairpersons, Vice-Chairpersons, and Members of the People's Committees at the ward level.

4. The time for conducting the appointment of Chairpersons, Vice-Chairpersons, and Members of the People's Committees at the district, town, and ward levels should be immediately after the conclusion of the term of operation of the People's Councils at the district, town, and ward levels where pilot implementation is carried out, and no later than May 25, 2009.

Article 5. Regulations and policies for cadres during the pilot implementation process.

1. Deputies of the People's Councils at the district, town, and ward levels for the 2004-2009 term at places where the People's Councils are not organized will conclude their duties as deputies of the People's Councils from April 25, 2009.

Regulations and policies for deputies of the People's Councils when their terms of operation end according to Resolution No. 753/2005/NQ-UBTVQH11 dated April 2, 2005 of the Standing Committee of the National Assembly promulgating the Rules of Operation of the People's Councils and current regulations providing for the regulations and policies for deputies of the People's Councils.

2. Those holding the positions of Chairperson, Vice-Chairperson, and Permanent Member of the People's Councils at the district and town levels; Chairperson, Vice-Chairperson, and Member of the People's Committees at the district and town levels; Chairperson, Vice-Chairperson, and Member of the People's Councils at the ward level for the 2004-2009 term shall be considered for appropriate job placement, including consideration for appointment to positions within the same-level People's Committee.

3. In cases where individuals holding positions as stipulated in Clause 2 of this Article are appointed to other leadership positions, if the new position allowance is lower than that of the previous leadership position, they shall retain the previous leadership position allowance for six months from the date of appointment to the new leadership position; from the seventh month onwards, they shall receive the allowance corresponding to the new leadership position.

4. In cases where individuals holding positions as stipulated in Clause 2 of this Article cease to hold leadership positions, they shall retain the previous leadership position allowance for six months from the date of decision to cease holding the leadership position; from the seventh month onwards, they shall no longer receive the leadership position allowance. If they cease to hold the position due to retirement as notified by the competent authority, they shall retain the current leadership position allowance.

5. The salary classification when appointed to the positions of Chairperson, Vice-Chairperson, and Member of the People's Committee at the ward level and when ceasing to hold the positions of Chairperson, Vice-Chairperson of the People's Councils at the ward level; Chairperson, Vice-Chairperson, and Member of the People's Committee at the ward level where pilot implementation is carried out shall be in accordance with Circular No. 79/2005/TT-BNV dated August 10, 2005 of the Ministry of Home Affairs guiding the reclassification of salaries for civil servants, public officials, and employees when changing jobs.

Article 6. Implementation Organization

1. Organizing interim reviews and final summaries of the pilot implementation.

a) The People's Committees of provinces and centrally governed cities shall assist the Steering Committee or Provincial Party Committee Standing Committee in organizing interim reviews of the pilot implementation for districts, towns, and wards where pilot implementation is carried out.

b) The content of the interim review of the pilot implementation focuses on evaluating the implementation process, the results of each step of implementation, and the completed contents; the strengths and limitations, and remaining issues in the implementation process of the pilot; the results of the implementation of tasks and powers of local authorities and the People's Committees at the district, town, and ward levels where pilot implementation is carried out; recommendations and proposals to the National Assembly, the Standing Committee of the National Assembly, the Government, the Prime Minister, and central ministries and agencies after the initial implementation phase and after the interim review of the pilot implementation.

c) The People's Committees of provinces and centrally governed cities shall assist the Provincial Party Committee Standing Committee or the Steering Committee in organizing interim reviews and preparing interim summary reports on the pilot implementation in their respective provinces and centrally governed cities. Interim summary reports on the pilot implementation without People's Councils shall be submitted to the Central Steering Committee and the Government (through the Ministry of Home Affairs).

d) The final summary of the implementation process at localities shall be conducted according to the guidelines of the Central Steering Committee.

2. Information reporting system.

a) The People's Committees at all levels where the pilot program for regular reporting on the preparation, implementation, and organization of the pilot program without establishing the People's Councils at the district, town, and ward levels shall report to the higher-level People's Committee according to the progress of the pilot program.

b) The People's Committees of provinces and centrally governed cities where the pilot program is implemented shall strictly adhere to the information reporting system with the Central Steering Committee and the Government (through the Ministry of Home Affairs) according to the progress of each phase of the pilot work.

c) Every six months and annually, the People's Committees at all levels where the pilot program without establishing the People's Councils at the district, town, and ward levels shall implement the information reporting system.

3. Funding for Implementation

a) The funds serving the pilot program without establishing the People's Councils at the district, town, and ward levels shall be implemented in accordance with Clause 4, Part III of the Implementation Plan for Resolution No. 26/2008/QH12 dated November 15, 2008 on piloting the absence of People's Councils at the district, town, and ward levels, issued together with Decision No. 241/QĐ-TTg dated February 23, 2009 of the Prime Minister.

The use of funds serving the pilot program without establishing the People's Councils at the district, town, and ward levels shall comply with current regulations on the use of state budget.

b) The Departments of Home Affairs of provinces and centrally governed cities where the pilot program is implemented shall coordinate with the Finance Departments to submit to the People's Committees of provinces and centrally governed cities for decisions on the funding for implementing the pilot work.

Article 7. Effective Date

1. This Circular takes effect from April 1, 2009.

2. The Chairpersons of the People's Committees of provinces and centrally governed cities where the pilot program without establishing the People's Councils at the district, town, and ward levels shall be responsible for organizing and implementing this Circular.

3. During the implementation process, if any issues arise or difficulties occur, the provinces and centrally governed cities shall promptly reflect them to the Ministry of Home Affairs for research and resolution.