Resolution No. 169/2024/QH15 on the organization of urban administration in the city of Hai Phong

RESOLUTION

ORGANIZATION OF URBAN ADMINISTRATIVE POWER IN THE CITY OF HAIPHONG

OF THE NATIONAL ASSEMBLY

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

BASED ON THE LAW ON THE ORGANIZATION OF THE NATIONAL ASSEMBLY NO. 57/2014/QH13, AS AMENDED BY SOME ARTICLES IN LAW NO. 65/2020/QH14;

Pursuant to the Law on Organization of Local Administrative Power No. 77/2015/QH13, which has been amended and supplemented by Laws No. 21/2017/QH14, No. 47/2019/QH14, No. 31/2024/QH15, No. 34/2024/QH15, and No. 43/2024/QH15;

RESOLUTION:

Article 1. Organization of Urban Administrative Power in Haiphong City

1. The local administrative power at Haiphong City (hereinafter referred to as the City), Thuy Nguyen City, districts, communes, and towns within the City consists of People's Council and People's Committee.

2. The local administrative power at districts within the City is the District People's Committee.

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

3. The local administrative power at wards within the City is the Ward People's Committee.

The Ward People's Committee is the state administrative agency at the ward level, performing tasks and powers as prescribed in this Resolution and according to the delegation and authorization of the City People's Committee, the District People's Committee, the Thuy Nguyen City People's Committee, the Chairman of the City People's Committee, the Chairman of the District People's Committee, and the Chairman of the Thuy Nguyen City People's Committee.

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 plan for the national treasury on its territory; the budget revenue and expenditure plan for the local budget and the allocation of its own budget plan, including the budget plan of lower-level local administrative authorities; adjusting the local budget plan when necessary within its authority; approving the final accounts of the local budget;

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

c) Electing judges to the District People's Court based on recommendations from the Vietnam Fatherland Front Committee of the City on the basis of proposals from the Vietnam Fatherland Front Committee of the district; removing judges from the District People's Court based on proposals from the Chief Justice of the City People's Court on the basis of proposals from the Chief Justice of the District People's Court after consultation with the Vietnam Fatherland Front Committee of the district;

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

2. The Standing Body of the City People's Council includes the Chairman of the City People's Council, not more than two Deputy Chairmen of the City People's Council, and members who are Heads of the City People's Council's Committees. The Chairman of the City People's Council may be a full-time deputy of the City People's Council, and the Deputy Chairmen of the City People's Council may be full-time deputies of the City People's Council.

Each Committee of the City People's Council includes a Head, two Deputy Heads, and members. The Head may be a full-time deputy of the City People's Council, and the Deputy Heads may be full-time deputies of the City People's Council. Each Committee of the City People's Council has one full-time member. Full-time members receive salaries according to current regulations for cadres and civil servants; they also receive position allowances equivalent to the rank of department head and other benefits and policies as prescribed by law.

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 specified in point a, Clause 1, Article 2 of this Resolution, and organizing its implementation. Based on the resolution of the People's Council of the City, deciding to assign and adjust revenue and expenditure budgets for districts and wards under the districts, deciding policies and measures to implement the local budget, including district and ward budgets under the districts;

b) Deciding to assign tasks for economic and social development to the People's Committee of the district;

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

d) Deciding to transfer some functions, tasks, and powers according to the law belonging to the functions, tasks, and powers of specialized agencies under the People's Committee of the City to other administrative agencies under the People's Committee of the City, People's Committee of the district, county, and Thuy Nguyen city;

đ) Deciding to establish, reorganize, dissolve, rename, define the functions, tasks, and powers of specialized agencies under the People's Committee of the district, ensuring that they do not exceed the maximum number of specialized agencies as stipulated by the Government, organizing multi-sector management, ensuring efficiency, effectiveness, and fully performing the state management functions of the People's Committee of the district;

e) Deciding to establish, reorganize, dissolve, rename, define the functions, tasks, and powers of specialized agencies under the People's Committee of the district, ensuring that they do not exceed the maximum number of specialized agencies as stipulated by the Government, organizing multi-sector management, ensuring efficiency, effectiveness, and fully performing the state management functions of the People's Committee of the district.

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 the Chairmen and Deputy Chairmen of the People's Committees of the districts;

b) In cases of necessity, the Chairman of the People's Committee of the City may delegate to the heads of other administrative agencies under the People's Committee of the City, the heads of public service units under the People's Committee of the City to perform one or more of his/her tasks and powers within a specific period accompanied by specific conditions. The delegation must be in writing and clearly specify the responsibilities of the delegator and the delegatee, ensuring transparency, clarity, and effectiveness.

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

1. The organizational structure of the People's Committee of the district includes the Chairman of the People's Committee of the district, Deputy Chairmen of the People's Committee of the district, Chief of the District Police, Commander-in-Chief of the Military Command of the district, specialized agencies under the People's Committee of the district, other administrative agencies, and public service units under the People's Committee of the district. A Class I district has no more than three Deputy Chairmen, while Class II and Class III districts have no more than two Deputy Chairmen.

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

2. The working system of the People's Committee of the district is regulated as follows:

a) The People's Committee of the district operates under the head system, ensuring democratic centralism;

b) The Chairman of the People's Committee of the district is the head of the People's Committee of the district, accountable to the People's Council of the City, the People's Committee of the City, the Chairman of the People's Committee of the City, and the law regarding 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, and temporarily suspends the work of the Chairmen and Deputy Chairmen of the People's Committees of the directly subordinate wards and the heads and deputy heads of specialized agencies under the People's Committee of the district; recruits, uses, and manages civil servants and officials within their jurisdiction according to the law; signs documents of the People's Committee of the district;

c) 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 and are responsible to the Chairman of the People's Committee of the district for the tasks assigned. When the Chairman of the People's Committee of the district is absent, one Deputy Chairman appointed by the Chairman can act on behalf of the Chairman to manage and resolve the affairs of the People's Committee of the district.

3. The People's Committee of the district shall perform the following tasks and powers:

a) Implementing the tasks and powers of budgetary units directly under the People's Committee of the City as prescribed by the State Budget Law; allocating budget estimates, adjusting budget estimates, and settling the budget of wards, specialized agencies under the People's Committee of the district, and units directly under the district;

b) Deciding to assign tasks for economic and social development to the People's Committees of the directly subordinate wards;

c) Being 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; implementing administrative reform and civil service reform at the local level;

d) Proposing and coordinating with competent agencies to perform tasks related to national defense, security, measures to ensure public order and safety, struggle against and prevention of crime and other violations of law on the territory according to the management hierarchy.

d) Perform tasks related to organization and ensuring the implementation of the Constitution and laws, building administrative power and territorial boundaries, education, training, science, technology, innovation, culture, information, physical education and sports, health, labor, social policies, ethnic policies, religious policies, administrative justice, judicial assistance, environmental protection measures, fire prevention and explosion control, disaster and epidemic prevention, population management, and other tasks and authorities as prescribed by law within its jurisdiction;

e) Organize inspection, supervision, complaint resolution, handling of law violations, citizen reception according to the provisions of law;

g) Carry out tasks and authorities delegated and authorized by higher state agencies;

h) Delegate and authorize the People's Committee of wards to perform the tasks and authorities of the District People's Committee as prescribed by law; authorize specialized agencies, other administrative agencies, public service units under the District People's Committee to carry out the tasks and authorities of the District People's Committee as prescribed by law;

i) Issue regulatory legal documents to specify issues assigned by laws and resolutions of the National Assembly and implement decentralization as provided for in point h of this clause. Suspend, revoke partially or entirely legal documents issued by specialized agencies under the District People's Committee and the People's Committee of wards that contravene the law;

k) Decide on tasks that must be submitted to the District People's Council for approval before decision according to the provisions of law; submit tasks within the authority of the District People's Council to the People's Committee of the City for decision according to the provisions of law;

l) Carry out other tasks and authorities as prescribed by law without conflicting with the provisions of this Resolution;

Article 5. The People's Council of Thuy Nguyen City

1. The People's Council of Thuy Nguyen City performs tasks and authorities stipulated in the Law on Organization of Local Administrative Power, other relevant legal provisions, and the following tasks and authorities:

a) Decide on the budget revenue plan for the State budget on its territory; the local budget revenue and expenditure plan and allocation of its own budget, including the budget of subordinate wards; adjust the local budget plan when necessary within its authority; approve the final accounts of the local budget;

b) Supervise compliance with the Constitution and laws and the implementation of the People's Council resolutions of Thuy Nguyen City on the territory of subordinate wards; supervise the activities of the People's Committee and the Chairman of the People's Committee of subordinate wards;

2. The People's Council of Thuy Nguyen City establishes the Legal System - Urban Affairs Committee and the Economic - Social Committee to advise and assist the People's Council in specific areas as follows:

a) The Legal System - Urban Affairs Committee is responsible for areas such as implementing the Constitution and laws, national defense and security, social order and safety, building local administrative power and managing administrative territorial boundaries; urban planning, development of technical infrastructure and social infrastructure, transportation, construction, natural resources and environment, organizing public service provision;

b) The Economic - Social Committee is responsible for areas such as economy, budget, education, health, culture, society, information, physical education and sports, science and technology, religious policy.

Article 6. People's Committee, Chairman of the People's Committee of Thuy Nguyen City

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

a) Drafting and submitting to the same-level People's Council for decision-making on the contents specified in point a, Clause 1, Article 5 of this Resolution and organizing the implementation of the resolutions of the People's Council;

b) Deciding and organizing the implementation of tasks related to national defense, security, measures to ensure social order and safety, combating and preventing crime and other violations of law within the territory of the directly subordinate wards;

c) Assigning tasks for economic and social development to the People's Committees of the directly subordinate wards.

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

a) Appointing, dismissing, transferring, rotating, seconding, rewarding, disciplining, and temporarily suspending the work of the Chairmen and Deputy Chairmen of the People's Committees of the directly subordinate 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 7. Organizational structure, working system, tasks, and powers of the People's Committee of the ward; management of cadres and civil servants at commune, ward, and town levels

1. The organizational structure of the People's Committee of the ward includes the Chairman of the People's Committee of the ward, Deputy Chairmen of the People's Committee of the ward, Chief of the Ward Military Command Post, Head of the Ward Police Station, other civil servants working at the People's Committee of the ward, and Ward People's Committees of Type I and Type II may have up to two Deputy Chairmen, while Ward People's Committees of Type III 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 working system of the People's Committee of the ward is regulated as follows:

a) The People's Committee of the ward operates under the head system, ensuring the principle of democratic centralism;

b) The Chairman of the People's Committee of the ward is the head of the People's Committee of the ward, accountable to the Chairman of the District People's Committee or the Chairman of the Thuy Nguyen City People's Committee, the Chairman of the City People's Committee, and the law regarding the performance of the tasks and powers of the People's Committee of the ward; directly managing and using civil servants according to the regulations of the Government and the delegation and authorization of the City People's Committee, the Chairman of the City People's Committee, the District People's Committee, the Chairman of the District People's Committee, the Thuy Nguyen City People's Committee, and the Chairman of the Thuy Nguyen City People's Committee; signing documents of the People's Committee of the ward;

c) The Deputy Chairmen of the People's Committee of the ward assist the Chairman of the People's Committee of the ward in performing assigned tasks according to the Chairman's division of labor and are accountable 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 of the People's Committee of the ward, authorized by the Chairman, will act on behalf of the Chairman to manage and resolve the affairs of the People's Committee of the ward.

3. The People's Committee of the ward shall perform the following tasks and powers:

a) The People's Committee of the ward shall perform the tasks and powers of a budgetary unit directly under the District People's Committee or the Thuy Nguyen City People's Committee in accordance with the State Budget Law;

b) Proposing and coordinating with competent authorities to implement tasks related to national defense, security, measures to ensure social order and safety, combating and preventing crime and other violations of law within their jurisdiction;

c) Cooperating with the Vietnam Fatherland Front Committee at the same level to establish election committees for National Assembly deputies and People's Council deputies;

d) Performing tasks and powers delegated and authorized by higher state agencies;

đ) Implementing tasks related to organization and ensuring the enforcement of the Constitution, laws, and documents of higher state agencies within the ward;

e) Deciding within its authority on matters that must be submitted to the People's Council of the ward for approval before making decisions; submitting to the District People's Committee or the Thuy Nguyen City People's Committee for decision-making on matters within the authority of the People's Council of the ward as prescribed by law;

g) The People's Committee of the ward does not have the authority to issue normative legal documents;

h) Performing other tasks and powers as prescribed by law, provided they do not conflict with the provisions of this Resolution.

4. Cadres and civil servants working at communes, wards, and towns belong to the cadre and civil servant establishment of the district level. The election, recruitment, management, and use of cadres and civil servants working at communes, wards, and towns shall be carried out in accordance with the law on elections, recruitment, use, and management of cadres and civil servants at the district level and above, and in accordance with the scope of authority and decentralized management.

Article 8. Implementation organization

1. The Government, within its scope of duties and powers, shall have the following responsibilities:

a) Directing and guiding the implementation of urban administration organization in Hai Phong City as stipulated in this Resolution;

b) Specifying the organization and operation of the District People's Committee, the Ward People's Committee, the responsibility system of the Chairmen of the District People's Committee, the Chairmen of the Ward People's Committee; procedures and formalities for appointing, dismissing, transferring, rotating, seconding, rewarding, disciplining, and temporarily suspending the work of the Chairmen and Deputy Chairmen of the District People's Committee, the Chairmen and Deputy Chairmen of the Ward People's Committee, heads and deputy heads of specialized agencies under the District People's Committee; elections, recruitment, management, and use of civil servants working at the District People's Committee and cadres and civil servants working at communes, wards, and towns; preparing budgets, implementing, and settling accounts for district and ward budgets.

c) Specify in detail the organization and implementation of defense and security tasks, measures to ensure social order and safety, efforts to combat and prevent criminal activities and other violations of the law at administrative units implementing this Resolution.

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

a) Implement this Resolution and other related laws;

b) Issue necessary regulations to implement the organization of urban administration according to this Resolution and the guidance of the Government; carry out specific decentralization and delegation of authority to local authorities at district and Thuy Nguyen city levels and wards in accordance with urban management structures and practical capabilities of each locality;

c) Direct the review, arrangement, and deployment of civil servants working at districts and wards in accordance with laws on cadres and civil servants and this Resolution; resolve policies for surplus cadres and civil servants when implementing this Resolution and the provisions and guidance of the Government;

d) Study, propose, and recommend additional policies to competent authorities when implementing this Resolution;

đ) The People's Council of the City may adjust administrative procedures stipulated in relevant legal documents to perform its duties and powers as prescribed in this Resolution, based on the principle that where decentralization has already been provided with administrative procedures, the subject implementing the procedure shall be adjusted based on the current legal procedures and documents without creating new administrative procedures; where decentralization has not yet been provided with administrative procedures, it shall be implemented according to the administrative procedures prescribed by the People's Council of the City, ensuring simplicity, clarity, ease of implementation, saving time, costs, and effort for both the subjects and the administrative agencies;

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

Article 9. Implementation Provisions

1. This Resolution takes effect from January 1, 2025.

2. The organization of urban administration in Hai Phong City according to the model prescribed in this Resolution shall be implemented from July 1, 2026.

Article 10. Transitional Provisions

1. The People's Councils and People's Committees of districts and wards for the term 2021-2026 shall complete their tasks on June 30, 2026.

2. From July 1, 2026, the People's Committees of districts and wards shall perform their duties and powers as prescribed in this Resolution. In cases where the Chairmen and Deputy Chairmen of the People's Committees of districts and wards have not been appointed, the Chairmen and Deputy Chairmen of the People's Committees of districts and wards for the term 2021-2026 shall continue to perform their duties and powers as prescribed in this Resolution until the newly appointed Chairmen and Deputy Chairmen take office.

3. Cadres and civil servants at commune level in Hai Phong City who were elected or recruited before the date this Resolution takes effect shall be transferred to become cadres and civil servants under the annual administrative staff quota assigned to the district level to continue working in their current positions at communes, wards, and towns; if they are transferred to new positions, they must meet the standards and conditions stipulated by law and be suitable for the positions approved by the competent authority.

4. Local government documents issued before July 1, 2026, which have not yet been replaced or abolished by competent authorities, shall still be applied.

In cases where the documents of the People's Councils of districts and wards issued before July 1, 2026 are no longer appropriate, the People's Council of the City shall abolish the documents of the People's Councils of districts; the People's Council of Thuy Nguyen city shall abolish the documents of the People's Councils of wards directly under its jurisdiction.

This Resolution was adopted by the Eighth Session of the 15th National Assembly of the Socialist Republic of Vietnam on November 30, 2024.