Resolution No. 1004/2020/UBTVQH14 On the establishment and provision of position, functions, tasks, powers, organizational structure of the Office of the National Assembly Delegation and Provincial People's Council

RESOLUTION

Regarding the establishment and provisions on position, functions, tasks,

powers, organizational structure of the Office of the Delegation of National Assembly Members and Provincial People's Council

Article 77 of the Law on Organization of Local Public Administration 2015/QH13 has been amended and supplemented with some articles according to Law No.

THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY

On the basis of The Constitution of the Socialist Republic of Vietnam;

On the basis of The Law on the Organization of the National Assembly No. 57/2014/QH13 has been amended and supplemented with some articles according to Law No. 65/2020/QH14;

On the basis of 47/2019/QH14; Article 1. The establishment, position, and functions of the Office of the Delegation of National Assembly Members and Provincial People's Council

RESOLUTION:

1. The Office of the Delegation of National Assembly Members and Provincial People's Council shall be established based on the merger of the Office of the Delegation of National Assembly Members and the Office of the Provincial People's Council in accordance with the Law on Organization of the National Assembly No. 57/2014/QH13 and the Law on Organization of Local Public Administration No. 77/2015/QH13.

For localities piloting the merger of the Office of the Delegation of National Assembly Members, the Office of the Provincial People's Council, and the Office of the Provincial People's Committee into the Office of the Delegation of National Assembly Members, the Provincial People's Council, and the Provincial People's Committee pursuant to Resolution No. 580/2018/UBTVQH14 dated October 4, 2018 of the Standing Committee of the National Assembly, the Office of the Delegation of National Assembly Members and Provincial People's Council shall be established based on separating the Office of the Delegation of National Assembly Members, the Provincial People's Council, and the Provincial People's Committee into the Office of the Delegation of National Assembly Members and Provincial People's Council and the Office of the Provincial People's Committee.

2. The Provincial People's Council shall decide to establish the Office of the Delegation of National Assembly Members and Provincial People's Council based on the proposal of the Standing Committee of the Provincial People's Council after reaching consensus with the Head and Deputy Heads of the Delegation of National Assembly Members.

3. The Office of the Delegation of National Assembly Members and Provincial People's Council is equivalent to a Department, subject to direct leadership and guidance by the Head and Deputy Heads of the Delegation of National Assembly Members and the Standing Committee of the Provincial People's Council, with the function of advising, assisting, and serving the activities of the Delegation of National Assembly Members, National Assembly Members, the Provincial People's Council, the Standing Committee of the Provincial People's Council, Committees of the Provincial People's Council, and Provincial People's Council Members.

Article 2. Tasks and Powers of the Office of the Delegation of National Assembly Members and Provincial People's Council

1. In advising, assisting, and serving the activities of the Delegation of National Assembly Members and National Assembly Members, the Office of the Delegation of National Assembly Members and Provincial People's Council shall have the following tasks and powers:

a) Advising and assisting the Head and Deputy Heads of the Delegation of National Assembly Members in building and implementing monthly, quarterly, six-monthly, and annual activity programs and plans of the Delegation of National Assembly Members, convening meetings of the Delegation of National Assembly Members, maintaining contact with National Assembly Members in the Delegation;

b) Coordinating with relevant agencies and organizations to serve National Assembly Members in their interactions with voters; assisting the Delegation of National Assembly Members in compiling and submitting voter opinions and proposals to competent agencies, organizations, and individuals for consideration and resolution in accordance with the law;

c) Serving National Assembly Members in receiving citizens; receiving, advising on handling complaints, denunciations, and proposals from citizens sent to the Delegation of National Assembly Members and National Assembly Members; monitoring and urging the resolution of complaints, denunciations, and proposals from citizens transferred by the Delegation of National Assembly Members and National Assembly Members to competent agencies, organizations, and individuals for resolution;

d) Advising and organizing services for the Delegation of National Assembly Members in legislative work, discussions, and providing opinions on matters as required by the Standing Committee of the National Assembly;

đ) Advising and serving the supervisory and survey activities of the Delegation of National Assembly Members and National Assembly Members; implementing the directives of the Head and Deputy Heads of the Delegation of National Assembly Members in coordinating with relevant agencies and organizations to serve the supervisory and survey activities of the National Assembly, the Standing Committee of the National Assembly, the Ethnic Council, Committees of the National Assembly, and agencies under the Standing Committee of the National Assembly at the local level;

e) Advising and assisting the Delegation of National Assembly Members in preparing reports on the activities of the Delegation of National Assembly Members and National Assembly Members for six months, annually, or as required by the Standing Committee of the National Assembly;

g) Coordinating to serve the activities of the Delegation of National Assembly Members and National Assembly Members during the National Assembly session; assisting National Assembly Members in participating in the activities of the Ethnic Council, Committees of the National Assembly where they are members, and other activities of the National Assembly, the Standing Committee of the National Assembly, and National Assembly agencies, and agencies under the Standing Committee of the National Assembly;

h) Advising and assisting the Deputy Heads of the Delegation of National Assembly Members in performing tasks assigned by the Head of the Delegation of National Assembly Members.

2. In advising, assisting, and serving the activities of the Provincial People's Council, the Standing Committee of the Provincial People's Council, Committees of the Provincial People's Council, and Provincial People's Council Members, the Office of the Delegation of National Assembly Members and Provincial People's Council shall have the following tasks and powers:

a) Advising and assisting the Provincial People's Council, the Standing Committee of the Provincial People's Council, and Committees of the Provincial People's Council in building and implementing monthly, quarterly, six-monthly, and annual work programs and activity plans;

b) Advising and assisting the Standing Committee of the Provincial People's Council and Committees of the Provincial People's Council in building programs and organizing services for Provincial People's Council sessions, Standing Committee meetings, and Committee meetings; coordinating with relevant agencies and organizations to prepare materials for Provincial People's Council sessions, Standing Committee meetings, and Committee meetings; advising and serving Committees of the Provincial People's Council in reviewing draft resolutions, projects, and reports; completing draft resolutions, projects, and reports of the Provincial People's Council;

c) Advising and serving the Provincial People's Council, the Standing Committee of the Provincial People's Council, Committees of the Provincial People's Council, Representative Groups, and Provincial People's Council Members in supervisory and survey activities; compiling questions from Provincial People's Council Members; monitoring, compiling, and urging agencies, organizations, and individuals to implement resolutions on supervision and questioning.

c) Advise and support the People's Council, the Standing Committee of the People's Council, Committees of the People's Council, Delegation Groups, and provincial-level People's Council deputies in their oversight and inspection activities; compile interpellations by People's Council deputies; monitor, compile, and urge agencies, organizations, and individuals to implement resolutions on oversight and interpellation;

d) Cooperate with relevant agencies and organizations to serve provincial People's Council representatives in meeting with voters; assist the Standing Committee of the provincial People's Council in compiling voter opinions and recommendations to be transferred to competent agencies, organizations, and individuals for consideration and resolution in accordance with the law;

đ) Serve the Standing Committee of the provincial People's Council and provincial People's Council representatives in receiving citizens; receive, advise on handling complaints, denunciations, and suggestions from citizens sent to the People's Council and the Standing Committee of the provincial People's Council; monitor and urge the resolution of complaints, denunciations, and suggestions from citizens referred by the People's Council, the Standing Committee of the provincial People's Council, and provincial People's Council representatives to competent agencies, organizations, and individuals for resolution;

e) Advise and assist the Standing Committee of the provincial People's Council in proposing the structure, composition, and number of provincial People's Council representatives for preparing the election of provincial People's Council representatives for the next term; approve the results of elections, dismissals, and removals of Chairpersons and Vice-Chairpersons of district-level People's Councils; resolve issues between sessions of the People's Council; maintain contact with Committees of the People's Council, Representative Groups, and provincial People's Council representatives;

g) Advise and assist the Standing Committee of the provincial People's Council and Committees of the provincial People's Council in organizing briefing meetings, exchanging experiences, and enhancing the skills of People's Council representatives at all levels; build reports on work to be submitted to competent authorities;

h) Serve the Standing Committee of the provincial People's Council, Chairperson, and Vice-Chairpersons of the provincial People's Council in managing the general operations of the provincial People's Council; coordinate and harmonize the activities of Committees of the provincial People's Council; ensure compliance with the operational regulations of the People's Council, the Standing Committee of the People's Council, Committees of the People's Council, and the Rules of Procedure of the provincial People's Council session; serve the People's Council, the Standing Committee of the People's Council, Committees of the People's Council, and provincial People's Council representatives in external activities;

3. In administrative, organizational, and management tasks, the Office of the Delegation of National Assembly Members and the provincial People's Council shall have the following responsibilities and powers:

a) Serve the Delegation of National Assembly Members, the Head and Deputy Heads of the Delegation of National Assembly Members, the provincial People's Council, the Standing Committee of the provincial People's Council, and Committees of the provincial People's Council in maintaining working relations with central state agencies and other provinces' and cities' state agencies, with the Standing Committee of the Provincial Party Committee, the Standing Committee of the City Party Committee, the People's Committee, the Vietnam Fatherland Front Committee, the People's Court, the People's Procuracy at the same level, and other local agencies, organizations, and mass organizations;

b) Prepare the state budget estimate to support the activities of the Delegation of National Assembly Members and the provincial People's Council based on consultations with the Head of the Delegation of National Assembly Members and the Standing Committee of the provincial People's Council; organize implementation and manage the operating funds of the Delegation of National Assembly Members and the operating funds of the provincial People's Council;

c) Ensure conditions for the activities of the Delegation of National Assembly Members, National Assembly Members, the provincial People's Council, the Standing Committee of the provincial People's Council, Committees of the provincial People's Council, Representative Groups, and provincial People's Council representatives; advise on the implementation of systems and policies for National Assembly Members and provincial People's Council representatives;

d) Manage material assets, public property, administrative work, security, and reception services of the Delegation of National Assembly Members and the provincial People's Council;

đ) Participate in planning, training programs, and implementing civil servant management within the Office of the Delegation of National Assembly Members and the provincial People's Council in accordance with the law;

e) Organize scientific research; develop and utilize information and data systems to support the activities of the Delegation of National Assembly Members and the provincial People's Council; organize the application of information technology in the Office of the Delegation of National Assembly Members and the provincial People's Council's tasks;

g) Carry out other tasks assigned by the Head and Deputy Heads of the Delegation of National Assembly Members, Chairperson, and Vice-Chairpersons of the provincial People's Council, the Standing Committee of the provincial People's Council, and Committees of the provincial People's Council;

h) Perform other responsibilities and powers as prescribed by related laws.

Article 3. Organizational Structure of the Office of the Delegation of National Assembly Members and People's Council at the Provincial Level

1. The Office of the Delegation of National Assembly Members and People's Council at the provincial level shall have a Director and not more than three Deputy Directors.

The Standing Committee of the People's Council at the provincial level, after reaching consensus with the Head and Deputy Heads of the Delegation of National Assembly Members, decides on the appointment and removal of the Director and Deputy Directors; reviews and evaluates civil servants for the Director.

2. The Office of the Delegation of National Assembly Members and People's Council at the provincial level shall be organized into departments including:

a) Department of National Assembly Affairs;

b) Department of People's Council Affairs;

c) Administrative, Organizational, and Management Department;

d) Based on the actual situation of the locality, the Standing Committee of the People's Council at the provincial level, after reaching consensus with the Head and Deputy Heads of the Delegation of National Assembly Members, may decide to establish an additional department to oversee work areas that have relatively independent characteristics within the functions and tasks of the Office of the Delegation of National Assembly Members and People's Council at the provincial level.

3. The Director of the Office of the Delegation of National Assembly Members and People's Council at the provincial level shall specify the specific duties and authorities of the departments under the Office after soliciting opinions from the Head and Deputy Heads of the Delegation of National Assembly Members and the Standing Committee of the People's Council at the provincial level.

4. Departments may have a Head and Deputy Heads, the number of Deputy Heads being specified as follows:

a) Departments under the Office of the Delegation of National Assembly Members and People's Council in Hanoi City and Ho Chi Minh City with fewer than ten civil servant positions, departments under the Office of the Delegation of National Assembly Members and People's Council in Class I provinces with fewer than nine civil servant positions, and departments under the Office of the Delegation of National Assembly Members and People's Council in Class II and Class III provinces with fewer than eight civil servant positions shall be allocated one Deputy Head;

b) Departments under the Office of the Delegation of National Assembly Members and People's Council in Hanoi City and Ho Chi Minh City with between ten and fourteen civil servant positions, departments under the Office of the Delegation of National Assembly Members and People's Council in Class I provinces with between nine and fourteen civil servant positions, and departments under the Office of the Delegation of National Assembly Members and People's Council in Class II and Class III provinces with between eight and fourteen civil servant positions shall be allocated not more than two Deputy Heads;

c) Departments under the Office of the Delegation of National Assembly Members and People's Council with fifteen or more civil servant positions shall be allocated not more than three Deputy Heads.

5. The Director of the Office of the Delegation of National Assembly Members and People's Council at the provincial level shall decide on the appointment and removal of Heads and Deputy Heads of departments after soliciting opinions from the Head and Deputy Heads of the Delegation of National Assembly Members and the Standing Committee of the People's Council at the provincial level.

6. The civil service quota of the Office of the Delegation of National Assembly Members and People's Council at the provincial level is included in the total administrative quota of the locality, decided by the People's Council at the provincial level.

The quota for full-time National Assembly members working in the Delegation of National Assembly Members and the quota for full-time People's Council members at the provincial level do not belong to the civil service quota of the Office of the Delegation of National Assembly Members and People's Council at the provincial level but belong to the leadership quota of local electoral bodies within the total number of cadres and civil servants of the province or centrally governed city.

Article 4. Working Regime

1. The Office of the Delegation of National Assembly Members and Provincial People's Council operates under the head system combined with the specialist system.

2. The Director of the Office of the Delegation of National Assembly Members and Provincial People's Council is the head, managing the common work of the Office, being responsible before the Head of the Delegation, Deputy Heads of the Delegation of National Assembly Members, Standing Committee of the Provincial People's Council, and before the law for all activities of the Office. Deputy Directors assist the Director in performing tasks and powers according to the assignment of the Director.

3. The Office of the Delegation of National Assembly Members and Provincial People's Council implements the working regulations issued by the Director.

Article 5. Workplace and Operating Expenses

1. The Office of the Delegation of National Assembly Members and Provincial People's Council has legal personality, has its own seal and separate account managed by the Director.

2. The provincial local authority bases on specific conditions of the locality, after reaching consensus with the Head of the Delegation, Deputy Heads of the Delegation of National Assembly Members, decides on the arrangement of the workplace of the Office of the Delegation of National Assembly Members and Provincial People's Council, ensuring appropriate and effective use of facilities.

3. Operating expenses of the Delegation of National Assembly Members are guaranteed by the central budget; operating expenses of the People's Council and the Office of the Delegation of National Assembly Members and Provincial People's Council are guaranteed by the local budget. The Director of the Office of the Delegation of National Assembly Members and Provincial People's Council organizes the management and use of operating expenses of the Delegation of National Assembly Members and Provincial People's Council in accordance with the laws on state budget and financial accounting.

4. The National Assembly Office implements the allocation of the operating expense budget of the Delegation of National Assembly Members to the Office of the Delegation of National Assembly Members and Provincial People's Council, adjusts the state budget estimate, approves the final accounts of the operating budget of the Delegation of National Assembly Members, provides detailed guidance on the management and use of operating expenses of the Delegation of National Assembly Members, and checks the implementation of state budget expenditure for the activities of the Delegation of National Assembly Members in accordance with the laws on state budget and accounting statistics.

Article 6. Work Relationships

1. The Office of the Delegation of National Assembly Members and Provincial People's Council maintains working relations with the Office of the Provincial Party Committee, the Office of the City Party Committee, the Office of the Provincial People's Committee, the Office of the Provincial Vietnam Fatherland Front Committee, and other agencies, organizations, and units in the locality to coordinate in advisory services and support the activities of the Delegation of National Assembly Members and Provincial People's Council.

2. The Office of the Delegation of National Assembly Members and Provincial People's Council maintains working relations with the National Assembly Office; coordinates with departments and units under the National Assembly Office in advising and supporting the activities of the Delegation of National Assembly Members, National Assembly Members, and the activities of the Chairman, Vice Chairmen of the National Assembly, the Standing Committee of the National Assembly, and the agencies of the National Assembly and the agencies under the Standing Committee of the National Assembly at the local level.

Article 7. Implementation Provisions

1. This Resolution takes effect from January 1, 2021.

2. Resolution No. 1097/2015/UBTVQH13 dated December 22, 2015 of the Standing Committee of the National Assembly on the establishment and definition of functions, tasks, and organizational structure of the Office of the Delegation of National Assembly Members of provinces and centrally governed cities, Resolution No. 580/2018/UBTVQH14 dated October 4, 2018 of the Standing Committee of the National Assembly on the pilot consolidation of the Office of the Delegation of National Assembly Members, the Office of the People's Council, and the Office of the Provincial People's Committee, and Decree No. 48/2016/NĐ-CP dated May 27, 2016 of the Government detailing the functions, tasks, powers, organizational structure, and staffing of civil servants of the Office of the Provincial People's Council of provinces and centrally governed cities shall cease to be effective from the date this Resolution takes effect, except for the provisions stipulated in Point b Clause 3 Article 8 of this Resolution.

Article 8. Transitional Provisions

1. When establishing the Office of the Delegation of National Assembly Members and Provincial People's Council, the number of Deputy Directors and Deputy Department Heads may exceed the number specified in this Resolution. Local authorities of provinces and centrally governed cities are responsible for adjusting and rearranging the excess number of deputy positions to ensure that within three years from the date this Resolution takes effect, the number of deputy positions complies with the provisions of this Resolution.

2. The staffing of civil servants of the Office of the Delegation of National Assembly Members and Provincial People's Council after establishment shall not exceed the number of civil servant positions approved for the Office of the Delegation of National Assembly Members and the Office of the Provincial People's Council before implementing the pilot program or consolidation. Based on actual circumstances, local authorities of provinces and centrally governed cities must build and perfect the system of job positions, restructure the cadre workforce, implement staff reduction in accordance with regulations.

The resolution of personnel policies for the surplus cadre, civil servants, officials, and workers of the Office of the Delegation of National Assembly Members and Provincial People's Council after establishment shall be implemented in accordance with the regulations of the Government.

3. From the date this Resolution is adopted, local authorities of provinces and centrally governed cities shall cooperate with the National Assembly Office and relevant agencies to propose plans for organizational restructuring, determine staffing, and prepare necessary conditions for the establishment of the Office of the Delegation of National Assembly Members and Provincial People's Council. The completion time limit for the establishment of the Office shall be carried out as follows:

a) For localities implementing the pilot program pursuant to Resolution No. 580/2018/UBTVQH14 dated October 4, 2018 of the Standing Committee of the National Assembly, the establishment of the Office of the Delegation of National Assembly Members and Provincial People's Council, and the Office of the Provincial People's Committee must be completed to ensure these agencies begin operations from January 1, 2021.

b) For localities that do not implement the pilot program pursuant to Resolution No. 580/2018/UBTVQH14 dated October 4, 2018 of the Standing Committee of the National Assembly, the establishment of the Office of the Delegation of National Assembly Members and People's Council at the provincial level must be completed no later than June 30, 2021. The Office of the Delegation of National Assembly Members and the Office of the People's Council at the provincial level shall continue to perform their duties and powers as prescribed in Resolution No. 1097/2015/UBTVQH13 dated December 22, 2015 of the Standing Committee of the National Assembly and Decree No. 48/2016/NĐ-CP dated May 27, 2016 of the Government until the Offices of the Delegation of National Assembly Members and the People's Council at the provincial level are established in accordance with this Resolution.

4. The National Assembly Office shall be responsible for transferring physical assets, funds, and civil servant positions of the Office of the Delegation of National Assembly Members to localities in accordance with the provisions of the law.

5. Based on this Resolution, the People's Council at the provincial level shall be responsible for examining and deciding the state budget estimate for the year 2021 to ensure the operation of the Office of the Delegation of National Assembly Members and the People's Council at the provincial level.