Resolution No. 131/2020/QH14 on the organization of urban administration in Ho Chi Minh City

RESOLUTION

ORGANIZATION OF URBAN ADMINISTRATIVE POWER IN HO CHI MINH CITY

OF THE NATIONAL ASSEMBLY

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

Pursuant to the Law on Organization of Local Administration No. 77/2015/QH13, as amended and supplemented by Law No. 21/2017/QH14 and Law No. 47/2019/QH14;

RESOLUTION:

Article 1. Organization of urban administrative power in Ho Chi Minh City

1. The local administrative authority in Ho Chi Minh City (hereinafter referred to as the City) consists of the People's Council of the City and the People's Committee of the City.

2. The local administrative authority at the district level in the City is the People's Committee of the district.

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

3. The local administrative authority at the ward level in the City is the People's Committee of the ward.

The People's Committee of the ward is the state administrative body at the ward level, performing tasks and powers as prescribed in this Resolution, according to the delegation of the People's Committee of the City, the People's Committee of the district, and the People's Committee of the city within the City, and according to the authorization of the People's Committee and Chairman of the People's Committee of the district and the city within the City.

4. The organization of local administrative authority at the county, city, commune, and town levels in the City shall be carried out in accordance with the provisions of the Law on Organization of Local Administrative Authority.

Article 2. People's Council of the City

1. The People's Council of the City performs the tasks and powers stipulated in the Law on Organization of Local Administrative Power, other relevant laws, and the following tasks and powers:

a) Deciding the budget revenue forecast for the national budget on its territory; the budget revenue and expenditure forecast for the local budget and allocating the budget forecast for its own level, including the district budget forecast; adjusting the local budget forecast when necessary; approving the local budget settlement;

b) Supervising compliance with the Constitution, laws, and implementation of resolutions of the People's Council of the City on its territory, including districts and wards under the district; supervising the activities of the People's Committee of the district, the People's Committee of the ward under the district, the People's Court of the district, and the People's Procuracy of the district;

c) Conducting confidence votes for the Chairman of the People's Committee of the district. If the person subject to the confidence vote receives a low confidence rating from more than half of the total number of representatives of the People's Council of the City, they may request resignation; if the low confidence rating is given by two-thirds or more of the total number of representatives of the People's Council of the City, the People's Council of the City will propose that the Chairman of the People's Committee of the City consider and decide according to their authority.

The time limit, timing, and procedure for conducting confidence votes for the Chairman of the People's Committee of the district shall be implemented in accordance with the regulations of the National Assembly;

d) Members of the People's Council of the City have the right to question the Chairman of the People's Committee of the district, the Chief Judge of the People's Court of the district, and the Prosecutor of the People's Procuracy of the district. The People's Council of the City will examine the responses to questions from those questioned;

đ) Electing judges of the People's Court of the district based on recommendations from the Vietnam Fatherland Front Committee of the City; removing or dismissing judges of the People's Court of the district upon recommendation from the Chief Judge of the People's Court of the City after reaching consensus with the Vietnam Fatherland Front Committee at the same level.

2. The Standing Body of the People's Council of the City includes the Chairman of the People's Council, two Deputy Chairmen of the People's Council, and members who are Heads of the People's Council of the City. The Chairman of the People's Council of the City can be a full-time representative of the People's Council; the Deputy Chairmen of the People's Council of the City are full-time representatives of the People's Council. Each Standing Body of the People's Council of the City has one full-time member.

The Committees of the People's Council of the City include the Head of the Committee, two Deputy Heads of the Committee, and members. The Head of the Committee of the People's Council of the City can be a full-time representative of the People's Council; the Deputy Heads of the Committee of the People's Council of the City are full-time representatives of the People's Council. Each Committee of the People's Council of the City has one full-time member.

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

1. 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 the contents stipulated in point a, Clause 1, Article 2 of this Resolution and organizing the implementation of resolutions of the People's Council of the City;

b) Based on the resolutions of the People's Council of the City regarding long-term, medium-term, and annual socio-economic development plans of the City, deciding to assign socio-economic development tasks to the People's Committee of the district. Approving the medium-term and annual public investment plans of the People's Committee of the district;

c) Deciding to establish, reorganize, or dissolve specialized agencies under the People's Committee of the district;

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

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, relieving, transferring, rotating, seconding, rewarding, disciplining, suspending from duty the Chairman and Vice Chairmen of the People's Committee of the district;

b) Suspending the enforcement, revoking partially or entirely legal documents issued by the People's Committee of the district that contravene the law.

Article 4. The organizational structure, working system of the People's Committee of the district and the tasks and powers of the Chairman of the People's Committee of the district

1. The organizational structure of the People's Committee of the district includes the Chairman, Deputy Chairmen of the People's Committee, specialized agencies, other administrative agencies, and public service units under the People's Committee of the district. The Chairman and Deputy Chairmen of the People's Committee of the district are civil servants holding leadership and management positions.

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

3. The Chairman of the People's Committee of the district is the head of the People's Committee of the district, leading and directing the activities of the People's Committee of the district. The Chairman of the People's Committee of the district is responsible before the People's Council, the People's Committee, the Chairman of the People's Committee of the City, and the law for the performance of the tasks and powers of the People's Committee of the district.

The Chairman of the People's Committee of the district appoints, dismisses, transfers, rotates, assigns temporarily, rewards, disciplines, suspends from duty the Chairmen and Deputy Chairmen of the People's Committees of the wards directly under the district and the heads and deputy heads of specialized agencies under the People's Committee of the district; recruits, uses, and manages civil servants and public officials within their jurisdiction according to the provisions of the law; signs documents of the People's Committee of the district.

4. The People's Committee of the district shall have no more than three Deputy Chairmen. The Deputy Chairmen of the People's Committee of the district assist the Chairman of the People's Committee of the district in performing tasks assigned by the Chairman of the People's Committee of the district; they are responsible before the Chairman of the People's Committee of the district and the law for the performance of the assigned tasks. When the Chairman of the People's Committee of the district is absent, one Deputy Chairman appointed by the Chairman shall act on behalf of the Chairman to direct and resolve the work of the People's Committee of the district.

5. Specialized agencies under the People's Committee of the district are established, reorganized, or dissolved by the People's Committee of the City according to the regulations of the Government, in accordance with the actual situation of state administration in urban areas within the city.

Other administrative agencies and public service units under the People's Committee of the district are established, reorganized, or dissolved according to the regulations of the Government and the delegation of the People's Committee of the City.

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

1. Implement the tasks and powers of budgetary units directly under the People's Committee of the City as stipulated by the State Budget Law; allocate the budget estimates, adjust the budget estimates, and settle the budget of the wards directly under the district.

2. Decide on investment policies for group B and group C public investment projects using district and ward budgets according to the Public Investment Law; participate in opinions on investment policies for projects within the decision-making authority of competent agencies and individuals as required by the Public Investment Law to involve the opinion of the People's Council at the county level; organize the implementation of public investment programs and projects according to the delegated management levels; approve the medium-term and annual public investment plans of the People's Committees of the wards directly under the district; decide on assigning economic and social development tasks to the People's Committees of the wards directly under the district.

3. Specify in detail the functions, tasks, and powers of specialized agencies under the People's Committee of the district in accordance with the guidance of the Ministry managing the sector and related documents.

4. Be responsible for the effectiveness and efficiency of 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 at the local level.

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

6. Perform tasks related to organization and enforcement of the Constitution and laws, construction of government and administrative boundaries, education, training, science, technology, culture, information, physical education and sports, health, labor, social policy, ethnic groups, religions, administrative justice, judicial assistance, environmental protection measures, fire prevention and explosion prevention, disaster prevention and disease control, population management.

7. Manage and organize the use of office space, assets, working equipment, and state budget allocated according to the provisions of the law.

8. Organize inspections, audits, resolution of complaints and petitions, handling of law violations, receiving citizens according to the provisions of the law.

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

10. Delegate or authorize the People's Committees of the wards to perform the tasks and powers of the People's Committee of the district according to the provisions of the law; authorize specialized agencies, other administrative agencies, and public service units under the People's Committee of the district to perform the tasks and powers of the People's Committee of the district according to the provisions of the law.

11. Issue regulatory legal documents to specify issues entrusted by laws and resolutions of the National Assembly and implement decentralization as provided for in Clause 10 of this Article. Suspend the implementation, revoke partially or entirely legal documents issued by specialized agencies under the People's Committee of the district and illegal documents issued by the People's Committees of the wards directly under the district.

12. Perform other tasks and powers as prescribed by law that do not conflict with the provisions of this Resolution.

Article 6. Duties and powers of the People's Council of the City under the City

The People's Council of the City under the City shall perform the duties and powers prescribed in the Law on Organization of Local Administration, other relevant laws, and the following duties and powers:

1. Decide on the budget revenue forecast for state budget on its territory; the budget revenue and expenditure forecast for local budget and allocation of its own budget, including the budget forecast of the directly affiliated wards; adjust the local budget forecast when necessary; approve the final account of the local budget;

2. Decide on the investment policy for group B and group C public investment projects using the budget funds of the directly affiliated wards according to the Public Investment Law; organize the implementation of public investment programs and projects according to the management level; approve the medium-term and annual public investment plans of the People's Committee of the directly affiliated wards;

3. Supervise compliance with the Constitution and laws and the implementation of resolutions of the People's Council of the City under the City on the territory of the directly affiliated wards; supervise the activities of the People's Committee and Chairman of the People's Committee of the directly affiliated wards.

Article 7. People's Committee, Chairman of the People's Committee of the City under the City

1. The People's Committee of the City under the City shall perform the duties and powers prescribed in the Law on Organization of Local Administration, other relevant laws, and the following duties and powers:

a) Draft and submit to the same-level People's Council for decision the contents stipulated in Clause 1 and Clause 2 of Article 6 of this Resolution and organize the implementation of the People's Council's resolution;

b) Based on the same-level People's Council's resolution on the medium-term and annual socio-economic development plan, decide on assigning socio-economic development tasks to the People's Committees of the directly affiliated wards;

c) Decide and organize the implementation of tasks related to national defense, security, measures to ensure social order and safety, struggle against crime prevention, and other acts violating the law on the territory of the directly affiliated wards.

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

a) Appoint, dismiss, transfer, rotate, detail, reward, discipline, suspend from work the Chairmen and Deputy Chairmen of the People's Committees of the directly affiliated wards;

b) Recruiting, using, and managing civil servants working at the People's Committees of the directly subordinate wards in accordance with the law;

c) Suspending the enforcement, revoking partially or entirely the legal documents issued by the People's Committees of the directly subordinate wards that contravene the law.

Article 8. Organizational structure and working system of the People's Committee of the Ward and duties and powers of the Chairman 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 People's Committee of the Ward. The Chairman and Deputy Chairmen of the People's Committee of the Ward are civil servants holding leadership and management positions.

Civil servants working at the People's Committee of the Ward belong to the civil servant establishment of the District People's Committee, the City People's Committee under the City, and are recruited, used, and managed according to regulations applicable to civil servants.

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, leading and directing the activities of the People's Committee of the Ward. The Chairman of the People's Committee of the Ward is responsible before the Chairman of the District People's Committee or before the Chairman of the City People's Committee under the City and before the law for the performance of the duties and powers of the People's Committee of the Ward; directly uses and manages civil servants working at the People's Committee of the Ward according to the Government's regulations and according to the delegation of authority from the higher-level People's Committee and Chairman of the People's Committee; signs documents of the People's Committee of the Ward.

4. The People's Committee of the Ward has not more than two Deputy Chairmen. Deputy Chairmen of the People's Committee of the Ward assist the Chairman of the People's Committee of the Ward in performing tasks according to the Chairman's assignment; are responsible before the Chairman of the People's Committee of the Ward and before the law for the assigned tasks. When the Chairman of the People's Committee of the Ward is absent, one Deputy Chairman appointed by the Chairman may act on behalf of the Chairman to manage and resolve the affairs of the People's Committee of the Ward.

Article 9. Duties and powers of the People's Committee of the Ward

1. Perform the duties and powers of a budgetary unit directly under the People's Committee of the District or the People's Committee of the City within the City as stipulated in the State Budget Law.

2. Propose investment policies for public investment programs and projects using state budget funds to the People's Committee of the District or the People's Committee of the City within the City for submission to the competent authority for decision on investment policy in accordance with the Public Investment Law; participate in opinions on investment policies for projects within the jurisdiction of the competent agency or individual as required by the Public Investment Law to have the participation of the People's Council at the commune level; organize the implementation of public investment programs and projects according to the management hierarchy.

3. Propose and coordinate with the competent authority to perform tasks related to national defense, security, measures to ensure social order and safety, struggle against crime prevention, and other violations of the law on the territory according to the management hierarchy.

4. Coordinate with the Vietnam Fatherland Front Committee at the same level to establish the Election Committee for National Assembly deputies and the Election Committee for People's Council deputies.

5. Perform the duties and powers delegated and authorized by the higher-level state administrative agencies.

6. Perform tasks related to organization and ensuring the enforcement of the Constitution, laws, and documents of higher-level state administrative agencies within the ward.

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

8. Perform other duties and powers as prescribed by law that do not conflict with the provisions of this Resolution.

Article 10. Provisions on implementation

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

2. The organization of urban administration as prescribed in this Resolution shall be implemented from July 1, 2021.

3. In case there are different provisions on the same matter between this Resolution and other laws or resolutions of the National Assembly promulgated before the effective date of this Resolution, the provisions of this Resolution shall apply.

4. The Government, within its scope of duties and powers, has the following responsibilities:

a) Direct and guide the organization of urban administration in the City as prescribed in this Resolution;

b) Specify detailed regulations on the organization and operation of the People's Committee of the District, the People's Committee of the Ward, specialized agencies under the People's Committee of the District, the responsibility system of the Chairman of the People's Committee of the District, the Chairman of the People's Committee of the Ward; the position of dedicated member of the Board under the People's Council of the City; the appointment, removal, transfer, rotation, assignment, commendation, disciplinary action, suspension of work of the Chairman, Vice-Chairman of the People's Committee of the District, the Chairman, Vice-Chairman of the People's Committee of the Ward, the head and deputy head of specialized agencies under the People's Committee of the District; the format, procedure, and process for issuing normative legal documents of the People's Committee of the District; the recruitment, use, and management of civil servants at the district and ward levels;

c) Specify detailed regulations on the preparation, execution, and settlement of the state budget as prescribed in this Resolution; the organization and implementation of tasks related to national defense, security, measures to ensure social order and safety, struggle against crime prevention, and other violations of the law on the territory of the district and ward;

d) Decide within its authority or submit to the National Assembly or the Standing Committee of the National Assembly for issuance of special mechanisms and policies for the city within the City;

đ) Report to the National Assembly every three years from the date this Resolution was adopted by the National Assembly about the results of implementing this Resolution;

5. The People's Council, the People's Committee of the City, the Chairman of the People's Committee of the City, within their scope of duties and powers, have the following responsibilities:

a) Implementing this Resolution and other related laws;

b) Issue necessary regulations to implement the organization of urban administration in the City as prescribed in this Resolution and the guidance of the Government; implement decentralization and delegation of authority to local authorities at the district and ward levels in accordance with urban management requirements and the practical capabilities of each locality;

c) Direct and implement the arrangement and deployment of cadres and civil servants working at the district and ward levels in accordance with the Civil Servant Law and the regulations of the competent authority; resolve the regime and policies for cadres and civil servants who are surplus due to reorganization when implementing this Resolution in accordance with the guidance of the Government;

d) Propose and recommend to the competent authority to amend or supplement other necessary policies during the implementation of this Resolution.

Article 11. 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, the People's Committees of the District and Ward will perform their duties and powers as prescribed in this Resolution. In cases where the Chairman and Deputy Chairman of the People's Committee of the District and Ward have not been appointed, the Chairman and Deputy Chairman of the People's Committee of the District and Ward for the term 2016-2021 will continue to perform their duties and powers as prescribed in this Resolution until the new Chairman and Deputy Chairman of the People's Committee of the District and Ward 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. From July 1, 2021, the Chairman and Deputy Chairman of the People's Committee of the Ward, and civil servants at the commune level in the Ward who were elected or recruited before July 1, 2021, will be transferred to work as civil servants in the Ward they are currently working in; in cases where they are transferred to a new position, the civil servant must meet the conditions and standards suitable for the new position as stipulated by the Government.

4. The use, management, and regime and policies for commune-level cadres as stipulated in points a, d, đ, e, g, and h of Clause 2, Article 61 of the Civil Servant Law working in wards within the City will still be implemented in accordance with the Civil Servant Law and other relevant legal documents.

This Resolution was adopted by the National Assembly of the Socialist Republic of Vietnam, the 14th session, the 10th meeting on November 16, 2020.