Resolution No. 119/2020/QH14 on piloting the organization of urban administration models and some special mechanisms and policies for the development of Da Nang City

RESOLUTION

ON THE TRIAL ORGANIZATION OF URBAN ADMINISTRATIVE MODELS AND SOME SPECIAL MECHANISMS AND POLICIES FOR THE DEVELOPMENT OF DANANG CITY

OF THE NATIONAL ASSEMBLY

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

Based on the Law on Legislative Regulatory Acts No. 80/2015/QH13;

RESOLUTION:

Article 1. Trial organization of urban administrative models in Danang City

1. The urban administrative model in Danang City shall be organized as follows:

a) The local administration at Danang City level consists of the Municipal People's Council and the Municipal People's Committee;

b) The local administration at the district level within Danang City is the District People's Committee.

The District People's Committee is the state administrative body at the district level, performing tasks and powers as stipulated in this Resolution and according to the delegation and authorization of the Municipal People's Committee and the Chairman of the Municipal People's Committee;

c) The local administration at the ward level within districts in Danang City is the Ward People's Committee.

The Ward People's Committee is the state administrative body at the ward level, performing tasks and powers as stipulated in this Resolution and according to the delegation and authorization of the Municipal People's Committee, the Chairman of the Municipal People's Committee, and the District People's Committee;

d) The organization of local administration at other administrative units of Danang City shall be carried out in accordance with the Law on Organization of Local Administration.

2. The trial organization of the urban administrative model in Danang City shall be implemented from July 1, 2021 until the National Assembly decides to terminate the trial period.

Article 2. Danang City People's Council

1. The Danang City People's Council (hereinafter referred to as the City People's Council) shall perform the tasks and powers prescribed in the Law on Organization of Local Administration, other relevant laws, and the following tasks and powers:

a) Decide on the budget revenue forecast for the national budget on its territory; the budget revenue and expenditure forecast for the local budget and the allocation of the local budget forecast for its own level, including the budget forecast for lower-level local administrations; adjust the local budget forecast when necessary; approve the final accounts of the local budget;

b) Decide on the long-term, medium-term, and annual socio-economic development plans of the city, including the medium-term and annual socio-economic development plans of the districts and the annual socio-economic development plan of the wards;

c) Approve the establishment, dissolution, merger, division, and adjustment of administrative boundaries of the district and ward;

d) Supervise compliance with the Constitution and laws and the implementation of resolutions of the City People's Council at the district and ward levels; supervise the activities of the District People's Committees, Wards People's Committees, District People's Courts, and District People's Procuracies;

đ) Conduct confidence votes for the Chairmen of the District People's Committees. If more than half of the total number of City People's Council deputies rate their confidence level low, they may request resignation. In cases where two-thirds or more of the total number of City People's Council deputies rate their confidence level low, the City People's Council will propose that the Chairman of the same-level People's Committee consider and decide according to their authority.

The time limit, timing, and procedures for conducting confidence votes for the Chairmen of the District People's Committees shall be carried out in accordance with the Law on the Activities of Supervision of the National Assembly and People's Councils and the resolution of the National Assembly;

e) Deputies of the City People's Council have the right to question the Chairman of the District People's Committee, the Chief Judge of the District People's Court, and the Chief Prosecutor of the District People's Procuracy. The City People's Council examines the responses to questions from those being questioned;

g) Elect judges of the District People's Court based on the recommendation of the Vietnam Fatherland Front Committee of the City; remove or dismiss judges of the District People's Court upon the proposal of the Chief Judge of the City People's Court after reaching agreement with the Vietnam Fatherland Front Committee at the same level.

2. The number of deputies and organizational structure of the City People's Council shall be implemented in accordance with the Law on Organization of Local Administration. The City People's Council's Committee shall have no more than 02 Deputy Chairpersons who are full-time deputies of the City People's Council; the Chairman of the City People's Council may be a full-time deputy of the City People's Council.

Article 3. People's Committee, Chairman of the People's Committee of Da Nang City

1. The People's Committee of Da Nang City (hereinafter referred to as the People's Committee of the city) shall perform the tasks and powers prescribed in the Law on Organization of Local Administration, other relevant laws, and the following tasks and powers:

a) Drafting and submitting to the People's Council of the city for decision-making the contents stipulated in point a and point b, Clause 1, Article 2 of this Resolution, and organizing the implementation of the resolutions of the People's Council of the city. Based on the resolutions of the People's Council of the city, deciding to assign and adjust budget revenue and expenditure tasks for districts and wards under its jurisdiction, deciding policies and measures to implement the local budget, including district and ward budgets;

b) Deciding investment policies for programs and projects in groups B and C using public investment funds managed by districts and wards in accordance with the Public Investment Law;

c) Based on the provisions of the Government and the actual situation of urban management work, deciding to establish and abolish specialized agencies under the District People's Committees;

d) Deciding and organizing the implementation of tasks related to national defense and security, measures to ensure social order and safety, struggle against and prevention of crime and other violations of law within the territory of districts under its jurisdiction.

2. The Chairman of the People's Committee of the city shall perform the tasks and powers prescribed in the Law on Organization of Local Administration, other relevant laws, and the following tasks and powers:

a) Appointing, dismissing, transferring, rotating, assigning temporarily, rewarding, disciplining, and temporarily suspending the work of Chairmen and Deputy Chairmen of District People's Committees and Chairmen and Deputy Chairmen of Island District People's Committees;

b) Suspend the enforcement, revoke partially or entirely legal documents contrary to the law issued by the District People's Committees and Ward People's Committees.

Article 4. Organizational structure and working system of the District People's Committee

1. The District People's Committee consists of the Chairman, Deputy Chairmen, and civil servants of specialized agencies under the District People's Committee, a Class I District People's Committee has no more than 03 Deputy Chairmen; a Class II District People's Committee has no more than 02 Deputy Chairmen.

The Chairman, Deputy Chairmen of the District People's Committee, heads, and deputy heads of specialized agencies under the District People's Committee are civil servants holding leadership and management positions in the District People's Committee.

2. The People's Committee of the district operates under the head system, ensuring the principle of democratic centralism.

3. The Chairman of the District People's Committee is the head of the District People's Committee, accountable to the People's Council, the People's Committee, the Chairman of the City People's Committee, and the law for the performance of the tasks and powers of the District People's Committee.

The Chairman of the District People's Committee appoints, dismisses, transfers, rotates, assigns temporarily, rewards, disciplines, and temporarily suspends the work of Chairmen and Deputy Chairmen of Ward People's Committees and heads and deputy heads of specialized agencies under the District People's Committee; recruits and manages civil servants and officials within their jurisdiction in accordance with the law; signs documents of the District People's Committee.

4. Deputy Chairmen of the District People's Committee assist the Chairman of the District People's Committee in performing tasks assigned by the Chairman of the District People's Committee and are responsible to the Chairman of the District People's Committee for the tasks assigned. When the Chairman of the District People's Committee is absent, a Deputy Chairman appointed by the Chairman may act on behalf of the Chairman to manage and resolve matters of the District People's Committee.

Article 5. Tasks and Powers of the People's Committee of the district

1. Perform the tasks and powers of a budget unit directly subordinate to the City People's Committee in accordance with the State Budget Law.

2. Propose investment policies for programs and public investment projects using state budget funds to the City People's Committee; participate in opinions on investment policies for projects within the decision-making authority of competent agencies and individuals as stipulated by the Public Investment Law that require participation of the People's Council at the district level; organize the implementation of public investment programs and plans and planning on the district level according to the division of management.

3. Specify the organizational structure and specific tasks and powers of specialized agencies under the District People's Committee.

4. Be responsible for the operation of the administrative system from the district to the grassroots level, ensuring the unity and smoothness of the administrative system; implement administrative reform and civil service reform in the local administrative system.

5. Propose and coordinate with competent agencies to perform tasks related to national defense and security, measures to ensure social order and safety, struggle against and prevention of crime and other violations of law within the territory according to the division of management.

6. Implement tasks related to organization and enforcement of the Constitution and laws, construction of government and administrative boundaries, education and training, science and technology, culture, information, physical education and sports, health, labor, social policy, ethnic affairs, religious affairs, administrative justice, judicial support, environmental protection measures, fire prevention, explosion prevention, disaster prevention, epidemic prevention, population management, and other tasks and powers as prescribed by law.

7. Perform tasks and powers delegated and authorized by higher-level state agencies.

8. Delegate tasks and powers of the District People's Committee to Ward People's Committees and specialized agencies under the District People's Committee in accordance with the law.

9. Issue normative legal documents to specify issues entrusted by laws and resolutions of the National Assembly and to implement delegation according to Clause 8 of this Article. Suspend the implementation, revoke partially or entirely normative legal documents of specialized agencies under the District People's Committee and normative legal documents of Ward People's Committees that violate the law.

Article 6. Organizational structure and working regulations of the People's Committee of the Ward

1. The People's Committee of the Ward consists of the Chairman, Deputy Chairmen, and other civil servants of the Ward. The People's Committee of Class I and Class II Wards shall have no more than two Deputy Chairmen; the Class III Ward shall have one Deputy Chairman.

The Chairman and Deputy Chairmen of the People's Committee of the ward are civil servants holding leadership and management positions in the People's Committee of the ward.

2. The People's Committee of the Ward operates under the head system, ensuring the principle of democratic centralism.

3. The Chairman of the People's Committee of the Ward is the head of the People's Committee of the Ward, responsible to the Chairman of the People's Committee of the District and to the law for the performance of the tasks and powers of the People's Committee of the Ward; directly managing and using civil servants according to the provisions of the Government and the delegation and authorization of the People's Committee, the Chairman of the People's Committee of the City, and the People's Committee of the District; signing documents of the People's Committee of the Ward.

4. The Deputy Chairman of the People's Committee of the Ward assists the Chairman of the People's Committee of the Ward in performing tasks assigned by the Chairman of the People's Committee of the Ward and is responsible to the Chairman of the People's Committee of the Ward for the assigned tasks. In the absence of the Chairman of the People's Committee of the Ward, one Deputy Chairman appointed by the Chairman shall act on behalf of the Chairman to manage and resolve the affairs of the People's Committee of the Ward.

Article 7. Tasks and Powers of the People's Committee of the Ward

1. The People's Committee of the Ward has the following tasks and powers:

a) Implementing the tasks and powers of the budgetary unit under the People's Committee of the District as stipulated by the State Budget Law;

b) Proposing investment policies for public investment programs and projects funded by the state budget to the People's Committee of the District for submission to the competent authority for decision on investment policy; participating in opinions on investment policies for projects within the jurisdiction of the competent authority as prescribed by the Public Investment Law, which requires participation of the People's Council at the commune level; organizing the implementation of public investment programs and projects according to the delegated management;

c) Proposing and coordinating with the competent authority to perform tasks related to national defense, security, measures to ensure social order and safety, combating and preventing crime and other violations of law on the ward's territory according to delegated management;

d) Cooperating with the Vietnam Fatherland Front Committee at the same level to establish Election Committees for National Assembly deputies and People's Council deputies; organizing the implementation of elections for National Assembly deputies and People's Council deputies according to the provisions of the law;

đ) Carry out tasks and powers delegated and authorized by higher-level state agencies;

e) Implementing tasks related to the organization and enforcement of the Constitution, laws, and documents of higher-level state agencies on the ward's territory, and other tasks and powers of the People's Committee and the Chairman of the People's Committee of the Ward as prescribed by law, except for the provisions of Clause 2, Article 36 and Article 63 of the Law on the Organization of Local Administration.

2. The People's Committee of the Ward does not have the authority to issue regulatory legal documents.

Article 8. Partial Adjustment of Urban Planning

Based on the urban planning project of Da Nang City that has been approved by the Prime Minister, the Prime Minister decides to delegate the People's Committee of the City to approve partial adjustments to the urban planning of Da Nang City according to the procedures and formalities prescribed by the Prime Minister and report the results of implementation to the Prime Minister.

Article 9. Financial-Budget Management of the State

1. In the first year of the budget stabilization period, the Government shall examine and submit to the National Assembly for decision on an appropriate rate of revenue redistribution for the Da Nang City budget to ensure resources for implementing the city's economic and social development goals.

2. Da Nang City shall implement the mechanism for generating sources for salary reform as prescribed. After the Da Nang City budget ensures sufficient sources for salary reform and implements social welfare policies throughout the entire budget stabilization period as stipulated by the competent authority, the People's Council of the city may decide to use any surplus from the salary reform fund in the city budget to invest in socio-economic infrastructure within the scope of the city budget expenditure.

3. The People's Council of the city shall decide to apply on the city's territory:

a) Fees and charges not yet specified in the List of Fees and Charges issued together with the Law on Fees and Charges;

b) Adjustments to the level or rate of collection of fees and charges that have been decided by the competent authority for types of fees and charges specified in the List of Fees and Charges issued together with the Law on Fees and Charges, except court fees and judicial administrative fees.

4. The Da Nang City budget shall benefit from 100% of additional revenues from the taxes specified in Clause 3 of this Article to invest in socio-economic infrastructure within the scope of the city budget expenditure and shall not be used to determine the percentage (%) of revenues shared between the central government budget and the Da Nang City budget.

Article 10. Implementation Organization

1. The People's Council and the People's Committee of the city, within their respective functions and powers, shall have the following responsibilities:

a) Implement this Resolution and other related laws;

b) To issue regulations to implement pilot organization models of urban administration and special mechanisms and policies as provided for in this Resolution and the guidance of the Government; to implement decentralization and delegation of specific powers to local authorities at district and ward levels in accordance with urban management organization and practical capabilities of each locality;

c) To reorganize agencies, organizations, and staff of districts and wards according to the provisions of the competent authority; to resolve policy issues for redundant officials and civil servants according to the law;

d) To review and summarize the implementation of the pilot organization model of urban administration and special mechanisms and policies as provided for in this Resolution, and report to the Government as stipulated in Clause 2 of this Article.

2. The Government, within its respective functions and powers, shall have the following responsibilities:

a) To organize the implementation of this Resolution; to direct relevant agencies to cooperate with local authorities in Da Nang City to streamline administrative procedures, shorten the time for processing issues not yet decentralized or delegated to the city;

b) To direct and guide the implementation of the pilot organization model of urban administration and special development mechanisms and policies as provided for in this Resolution; to promptly address difficulties and obstacles in the process of rectifying violations concluded by the competent authority, especially in the field of land;

c) To specify the organization and operation of District People's Committees and Ward People's Committees, the accountability system of Chairpersons and Deputy Chairpersons of District People's Committees, Chairpersons and Deputy Chairpersons of Island District People's Committees, Chairpersons and Deputy Chairpersons of Ward People's Committees, and heads and deputy heads of specialized agencies under District People's Committees; procedures and formalities for appointing, relieving, transferring, rotating, seconding, rewarding, disciplining, and temporarily suspending the work of Chairpersons and Deputy Chairpersons of District People's Committees, Chairpersons and Deputy Chairpersons of Island District People's Committees, Chairpersons and Deputy Chairpersons of Ward People's Committees, and heads and deputy heads of specialized agencies under District People's Committees; regulations on the recruitment, use, and management of ward civil servants; procedures and formalities for issuing regulatory legal documents by District People's Committees; guidelines for handling petitions of the City People's Council regarding the results of confidence votes for Chairpersons of District People's Committees;

d) To specify the implementation of tasks related to national defense and security, measures to ensure social order and safety, struggle against crime prevention, and other illegal acts in districts and wards implementing the pilot program;

đ) To submit to the Standing Committee of the National Assembly and the National Assembly for consideration and decision within their respective jurisdictions any issues that are inconsistent or arise during the pilot implementation;

e) By no later than the fourth quarter of 2023, the Government shall report on the preliminary implementation of the pilot organization model of urban administration and some special mechanisms and policies in Da Nang City to the Standing Committee of the National Assembly and the National Assembly for consideration and decision.

3. The Standing Committee of the National Assembly, the Ethnic Council, the Committees of the National Assembly, the Delegation of the National Assembly of Da Nang City, and National Assembly deputies, within their respective functions and powers, shall supervise the implementation of this Resolution.

Article 11. Effective Date

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

2. In cases where there are different provisions on the same matter between this Resolution and other laws or resolutions of the National Assembly, the provisions of this Resolution shall apply. In cases where legal regulatory documents issued after the effective date of this Resolution provide more favorable or advantageous mechanisms and policies than those provided for in this Resolution, the application thereof shall be decided by the City People's Council.

Article 12. Transitional Provisions

1. The People's Councils and People's Committees of the District and Ward for the term 2016-2021 will conclude their duties on June 30, 2021.

2. From July 1, 2021, District People's Committees and Ward People's Committees shall perform their duties and powers as prescribed in this Resolution. In cases where the Chairpersons and Deputy Chairpersons of District and Ward People's Committees cannot be appointed, the Chairpersons and Deputy Chairpersons of District and Ward People's Committees for the term 2016-2021 shall continue to perform their duties and powers as prescribed in this Resolution until new Chairpersons and Deputy Chairpersons of District and Ward People's Committees are appointed.

Legal documents issued by local authorities at the district and ward levels before July 1, 2021, if not replaced or abolished by the competent authority, will still be applied.

3. Districts and wards established from the date this Resolution takes effect shall apply the urban administration model as prescribed in this Resolution. The transition of activities of local authorities in these administrative units shall be carried out in accordance with the guidance of the Standing Committee of the National Assembly.

This Resolution was adopted by the National Assembly of the Socialist Republic of Vietnam, the 14th term, the 9th session, on June 19, 2020.