Decree No. 32/2021/NĐ-CP detailing and providing implementation measures for Resolution No. 97/2019/QH14 dated November 27, 2019 of the National Assembly on piloting the organization of urban administration models in Hanoi City

DECREE

provides detailed regulations on the organization and operation of the People's Committee of wards in Hanoi City.

||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law on Organization of Local Administration dated June 19, 2015;

Pursuant to the Law Amending and Supplementing Several Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to Resolution No. 97/2019/QH14 dated November 27, 2019 of the National Assembly on piloting the urban administrative model in Hanoi City;

||| Based on the proposal of the Minister of Home Affairs;

The Government promulgates a Decree detailing and implementing Resolution No. 97/2019/QH14 dated November 27, 2019 of the National Assembly regarding the pilot implementation of urban administration models in Hanoi City.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree details and implements Resolution No. 97/2019/QH14 dated November 27, 2019 of the National Assembly regarding the pilot implementation of urban administration models in Hanoi City.

Article 2. Applicability

This Decree applies to:

1. The People's Council and People's Committee of Hanoi City.

2. The People's Council and People's Committee of districts and towns under Hanoi City.

3. The People's Committee of wards under districts and towns of Hanoi City.

4. Agencies, organizations, and individuals related.

Article 3. Regulations on the management of civil servants working at the People's Committee of wards.

1. The establishment quota for civil servants working at the People's Committee of wards is part of the establishment quota of the People's Committee of districts and towns and is managed and utilized by the People's Committee of districts and towns.

2. Based on the provisions of the law on authority and decentralization, the People's Committee of Hanoi City and the Chairman of the People's Committee of districts and towns implement the recruitment, utilization, and management of civil servants working at the People's Committee of wards.

3. The Chairman of the People's Committee of districts and towns decides on the appointment, reappointment, dismissal, transfer, rotation, detail assignment, commendation, disciplinary action, temporary suspension from work for the Chairman of the People's Committee of wards (hereinafter referred to as Ward Chairman), Deputy Chairman of the People's Committee of wards (hereinafter referred to as Deputy Ward Chairman); commendation and disciplinary action for civil servants working at the People's Committee of wards; delegate the powers of the Ward Chairman in accordance with the law.

4. The Department of Home Affairs of Hanoi City shall guide, inspect, and audit the recruitment, utilization, and management of civil servants working at the People's Committee of wards.

Article 4. Regulations on cadres belonging to Party organizations, the Vietnam Fatherland Front Committee, and political-social organizations at the ward level.

The utilization, management, and treatment policies for village-level cadres belonging to Party organizations, the Vietnam Fatherland Front Committee, and political-social organizations at the ward level shall be carried out in accordance with the regulations of the Party, laws, and guidance from competent authorities.

Article 5. Regulations on non-professional staff.

Based on specific circumstances, practical requirements, and the city budget, the People's Committee of Hanoi City shall submit to the same-level People's Council for decision the number, positions, and treatment policies for non-professional staff at the ward level and at neighborhood associations in accordance with the law.

Chapter II

ORGANIZATION AND OPERATION, RESPONSIBILITY REGIME OF THE PEOPLE'S COMMITTEE, CHAIRMAN OF THE PEOPLE'S COMMITTEE OF WARDS

Article 6. Organizational structure of the People's Committee of wards.

1. The organizational structure of the People's Committee of wards includes:

a) Ward Chairman;

b) Deputy Ward Chairman;

c) Chief of Ward Police Station;

d) Commander of the Ward Military Command Post;

đ) Other civil servants: Office - Statistics; Land - Construction - Urban and Environment; Finance - Accounting; Justice - Household Registration; Culture - Social Affairs.

2. Civil servants working at the People's Committee of wards are those recruited and appointed to positions within the organizational structure of the People's Committee of wards (except for point c Clause 1 of this Article).

Article 7. Principles of Operation of the People's Committee and Chairperson of the Ward

1. The Ward People's Committee operates under a chief executive system. The Ward Chairperson is the head, responsible for leading, managing, and directing the work of the Ward People's Committee according to the operational regulations of the Ward People's Committee, ensuring the principle of democratic centralism and compliance with legal provisions.

2. The Ward Chairperson organizes meetings to collectively discuss issues within the functions and tasks of the Ward People's Committee as stipulated in points b and c of Clause 1, Article 5 of Resolution No. 97/2019/QH14 before making decisions on matters within the functions, tasks, and powers of the Ward People's Committee and bears responsibility for such decisions.

The collective referred to in this clause includes: the Ward Chairperson, Deputy Ward Chairpersons, Head of the Police Station, Chief of the Military Command Post of the Ward, and other relevant civil servants.

3. The Ward Chairperson authorizes the Civil Affairs and Household Registration Officer to sign and stamp the Ward People's Committee on certification of copies from original documents issued or certified by competent authorities in Vietnam; and certification of signatures on documents in accordance with legal provisions.

The authorized Civil Affairs and Household Registration Officer must have at least three years of experience working in the field of Civil Affairs and Household Registration.

4. Deputy Ward Chairpersons assist the Ward Chairperson in handling assigned tasks, and are responsible to the Ward Chairperson and the law for the tasks delegated.

In the absence of the Ward Chairperson, a Deputy Ward Chairperson appointed by the Ward Chairperson shall act on behalf of the Ward Chairperson to manage and handle the affairs of the Ward People's Committee.

5. In case of vacancy of the Ward Chairperson position, the Chairman of the District or Town People's Committee shall issue a decision entrusting the Ward Chairperson's authority to a Deputy Ward Chairperson until a new Ward Chairperson is appointed.

6. The operation of the Ward People's Committee aims to meet the satisfaction of citizens, comply with procedures and formalities, exercise the granted authority correctly, in accordance with legal provisions and the operational regulations of the Ward People's Committee.

7. Promote administrative reform, apply online public services in handling administrative procedures for individuals and organizations in the ward as prescribed by law, ensuring that activities of the Ward People's Committee are democratic, transparent, consistent, and unobstructed.

Article 8. Organization of Meetings of the People's Committee of the Ward

1. Meetings of the Ward People's Committee are organized according to the operational regulations of the Ward People's Committee, convened by the Ward Chairperson to perform assigned functions and tasks.

2. When meeting agendas involve related issues, the Ward Chairperson invites the Secretary of the Party Committee, the Chairman of the Vietnam Fatherland Front Committee, the heads of political-social organizations, the Secretaries of the Branch Committees, the Heads of the People's Groups, and representatives of specialized agencies under the District or Town People's Committee to participate in the Ward People's Committee meetings.

3. Conclusions of meetings concerning citizens must be published on the electronic portal of the Ward People's Committee (except for information classified as state secrets) in accordance with legal provisions and the operational regulations of the Ward People's Committee to promptly inform relevant agencies, organizations, and the public.

Article 9. Responsibilities of the Chairman of the Ward

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

2. Directly manage and utilize civil servants working at the Ward People's Committee according to this Decree and according to the delegation and authorization of the People's Committee, the Chairman of the City People's Committee, and the District People's Committee, and the Chairman of the District People's Committee.

3. The Chairman of the Ward is responsible for comprehensive management of all activities of the Ward People's Committee.

4. Sign documents of the Ward People's Committee with the title of Chairman, the head of the administrative state agency at the ward level, and be accountable for the documents of the Ward People's Committee.

5. Fulfill the duties of a civil servant and comply with the provisions on matters that civil servants are not allowed to do as stipulated in the Civil Servants Law and other relevant laws.

Article 10. Responsibilities of the Deputy Chairman of the Ward

1. Perform the tasks and powers of the Ward People's Committee within the scope of the field assigned by the Chairman of the Ward.

2. Be accountable to the Chairman of the Ward and before the law when performing tasks and public service duties within the scope of the field assigned.

3. Sign on behalf of the Chairman of the Ward the documents of the Ward People's Committee when assigned by the Chairman of the Ward.

4. Fulfill the obligations of civil servants and comply with regulations on matters that civil servants are not allowed to do as stipulated in the Law on Public Officials and Civil Servants and other relevant laws.

Article 11. Responsibilities of Other Civil Servants of the Ward

1. Be accountable to the Chairman of the Ward and the Deputy Chairman of the Ward in charge in the implementation of state management tasks in the specialized field assigned by the Chairman of the Ward in accordance with the provisions of the law.

2. Proactively advise and propose solutions to the assigned work in accordance with the prescribed time, results, and authority; diligently serve the people, without causing difficulties or inconvenience to the people. If the issue exceeds the authority, report to the Chairman of the Ward or the Deputy Chairman of the Ward in charge for consideration and decision.

3. Adhere to the working regulations of the Ward People's Committee, strictly comply with the task assignments of the Chairman of the Ward; resolve work matters in accordance with their assigned responsibilities and ensure progress and quality of work.

4. Do not transfer work under their responsibility to other civil servants; do not arbitrarily resolve work matters under the responsibility of other civil servants. In cases where the content of the work involves other civil servants and there are differing opinions, report to the Chairman of the Ward for consideration and decision.

5. The Civil Servant of Justice - Household Registration is accountable to the Chairman of the Ward and the law for the implementation of the contents authorized under Clause 3, Article 7 of this Decree, and shall not delegate such authorized contents to other individuals.

6. Be responsible for establishing, preserving, and archiving related files and documents; timely and accurately report the situation of the assigned work area in accordance with the regulations to the Chairman and the Deputy Chairman of the Ward in charge.

7. Fulfill the duties of a civil servant and comply with the provisions on matters that civil servants are not allowed to do as stipulated in the Civil Servants Law and other relevant laws.

Article 12. Organizing dialogue meetings between the Ward Chairman and the People

1. At least twice a year, before the regular session of the District People's Council or Town People's Council, the Ward Chairman shall be responsible for organizing dialogue meetings with the people in the ward on issues related to the legitimate rights and reasonable aspirations of citizens in the locality.

Based on the population size of the ward, the Ward Chairman may organize dialogues with the people through representatives of residential area associations.

The Ward People's Committee must publicly announce on mass media and send notifications to the Heads of residential area associations about the time, location, and content of the dialogue meeting with the people at least seven days prior to the date of the meeting.

2. The results of the dialogue meeting must be sent to the Standing Body of the District People's Council, the Ward People's Committee, the Chairman of the District People's Committee, the Town People's Committee, and the Head of the District People's Council Representative Group in the ward at least seven days before the opening of the nearest upcoming regular session of the District People's Council or Town People's Council.

Article 13. Working Relationship between the Ward People's Committee and the Ward Chairman with the District People's Council and Town People's Council

1. The Ward People's Committee and the Ward Chairman are subject to supervision by the District People's Council and Town People's Council in performing their duties and powers; compliance with the Constitution, laws, implementation of resolutions of the District People's Council and Town People's Council, and the People's Council of Hanoi City.

2. Quarterly, report the results of activities to the District People's Council and Town People's Council or provide ad hoc reports as required by the District People's Council and Town People's Council. The Ward Chairman is responsible for explaining relevant issues before the District People's Council and Town People's Council when requested.

Article 14. Working Relationship between the Ward People's Committee and the Ward Chairman with the District People's Committee, the Chairman of the District People's Committee, and specialized agencies under the District People's Committee and Town People's Committee

1. The Ward Chairman is subject to direct leadership and guidance by the District People's Committee and the Chairman of the District People's Committee and Town People's Committee. When encountering issues beyond their authority, the Ward Chairman must report and seek instructions from the District People's Committee and the Chairman of the District People's Committee and Town People's Committee; implement reporting systems to the District People's Committee and the Chairman of the District People's Committee and Town People's Committee as prescribed.

2. The Ward People's Committee complies with inspections, maintains close ties, and adheres to professional guidance from specialized agencies under the District People's Committee and Town People's Committee in performing tasks within the ward.

Article 15. Working Relationship between the Ward People's Committee and the Ward Chairman with the Ward Party Committee

The Ward People's Committee and the Ward Chairman are subject to leadership by the Ward Party Committee in implementing tasks assigned by the District People's Council, the District People's Committee, and the Chairman of the District People's Committee and Town People's Committee, and other tasks as stipulated by law.

Article 16. Working Relationship between the Ward People's Committee and the Ward Chairman with the Vietnam Fatherland Front Committee and Political-Social Organizations in the Ward

The Ward People's Committee and the Ward Chairman closely cooperate with the Vietnam Fatherland Front Committee and political-social organizations in the ward in carrying out tasks, caring for the livelihoods, and protecting the interests of the people; create conditions for these organizations to operate effectively; regularly monthly or when necessary, inform about the socio-economic development situation of the locality and activities of the Ward People's Committee so that these organizations can understand and coordinate, mobilize, and organize the people to comply with policies, laws, and fulfill their civic duties towards the State.

Article 17. Work relations between the People's Committee, Ward Chairperson, and neighborhood associations

1. The Ward Chairperson must promptly inform the policies and guidelines of the Party and State, directives and management documents from higher-level state agencies, and the People's Committee of the ward to the neighborhood associations for implementation; inspect the implementation of Party policies and State laws within their jurisdiction; promote the people's right to self-governance, effectively implement regulations on democracy at the ward level, and the autonomous activities of neighborhood associations.

2. The Ward Chairperson assigns civil servants of the ward to monitor and grasp the situation in the neighborhood associations. Monthly, the assigned civil servants work with the Neighborhood Association Heads within their designated areas or directly participate in meetings of the neighborhood associations to listen to reports on the situation, proposals, and resolve complaints of the people according to the provisions of the law.

Chapter III

RECRUITMENT, USE AND MANAGEMENT OF CIVIL SERVANTS WORKING AT THE WARD PEOPLE'S COMMITTEE

Article 18. Number of Civil Servants in the Ward

1. The average number of civil servant positions working at the Ward People's Committee is fifteen persons. This average is calculated based on the total number of wards in a district or town.

2. Based on the provision in Clause 1 of this Article, the People's Committee of Hanoi City shall submit to the People's Council at the same level for allocation of the number of civil servant positions for each Ward People's Committee in the respective districts or towns.

3. Based on Clauses 1 and 2 of this Article and the specific requirements of each ward, the People's Committee of the district or town decides to allocate specifically the number of civil servant positions for each position title of civil servants working at the Ward People's Committee.

Article 19. Recruitment, use, and management of civil servants working at the Ward People's Committee

1. The Chairman of the People's Committee of the district or town implements the recruitment, use, and management of civil servants working at the Ward People's Committee.

2. The recruitment, use, and management of civil servants working at the Ward People's Committee are carried out in accordance with the provisions of the Law on Cadres and Civil Servants and the Government's regulations on recruitment, use, and management of civil servants. For the position of Chief of the Ward Military Service Command, the appointment is implemented according to the provisions of Point d, Clause 1, Article 23 of the Law on Militia and Self-defense.

3. Based on the number and position titles of civil servants working at the Ward People's Committee and recruitment needs, the Chairman of the People's Committee of the district or town develops a recruitment plan and sends it to the Department of Personnel of Hanoi City for comments before implementation.

4. The Ward Chairperson directly uses and manages civil servants working at the Ward People's Committee in the following areas:

a) Assigning tasks and monitoring the performance of these tasks;

b) Implementing or requesting competent authorities to implement systems and policies as prescribed by law;

c) Implementing or requesting competent authorities to implement training, development, planning, salary increases, quality assessment, classification, commendation, and disciplinary actions for civil servants of the ward according to the provisions;

d) Statistics and report to competent authorities on the status of the civil servant workforce of the ward as prescribed;

đ) Implement other contents according to the delegation and authorization of the People's Committee, Chairman of the People's Committee of Hanoi City, and the People's Committee, Chairman of the People's Committee of the district or town.

Article 20. Procedures for appointment, reappointment, transfer, rotation, assignment, removal, and resignation of Chairpersons and Deputy Chairpersons of wards

The procedures for appointment, reappointment, transfer, rotation, assignment, removal, and resignation of Chairpersons and Deputy Chairpersons of wards shall be carried out in accordance with the provisions of the Civil Servants Law and the Government's regulations on recruitment, utilization, and management of civil servants.

Article 21. Term of office of Chairpersons and Deputy Chairpersons of wards

1. The term of office for each appointment of Chairperson and Deputy Chairperson of wards is five years, calculated from the date the appointment decision takes effect.

2. A ward Chairperson may not hold the position continuously for more than ten years at the same administrative unit of the ward.

Article 22. Rewards and disciplinary actions for civil servants working at Ward People's Committees

The procedures, processes, and authorities for rewarding and disciplining civil servants working at Ward People's Committees shall be implemented in accordance with the provisions of the Civil Servants Law, the Law on Commendation and Awards, and related guiding documents.

Chapter IV

ORGANIZATION AND IMPLEMENTATION OF TASKS RELATED TO NATIONAL DEFENSE, SECURITY, MEASURES TO ENSURE SOCIAL ORDER AND SAFETY, AND STRUGGLE AGAINST CRIMES AND OTHER VIOLATIONS OF THE LAW

Article 23. Tasks related to national defense within the territory of wards

1. Within their scope of duties and powers, the District People's Committee and Town People's Committee shall direct and organize the implementation of tasks related to national defense in accordance with the law and the following specific tasks:

a) Implementing tasks related to national defense as prescribed by law and those assigned by competent authorities regarding national defense;

b) Organizing the construction of the people's national defense system, the people's national defense posture, and the people's security system, and the people's security posture; building the strength and potential of national defense; constructing a comprehensive defensive area; building local people's armed forces; implementing national defense and security education; selecting and calling up citizens for military service, receiving and creating conditions for employment for discharged soldiers; coordinating with relevant agencies, organizations, and units of the people's armed forces in constructing the defensive area in accordance with the law;

c) Organizing the construction, training, operation, and ensuring systems and policies for the reserve force and self-defense militia at the local level as prescribed by law;

d) Leading or coordinating in the construction, management, and protection of national defense works, military areas, and economic-military zones within the territory; implementing civil defense measures; military rear support policies; preferential policies for persons who have contributed to the revolution; providing human resources, materials, and financial support for the people's armed forces operating in the ward under emergency situations, national defense emergencies, and war;

đ) Performing other duties and powers related to national defense as prescribed by law.

2. The Ward People's Committee shall propose and coordinate in implementing the tasks stipulated in Clause 1 of this Article according to the delegation and authorization of the District People's Committee and the Chairman of the District People's Committee.

Article 24. Tasks related to security and measures to ensure social order and safety within the territory of wards

1. Within their scope of duties and powers, the District People's Committee and Town People's Committee shall direct and organize the implementation of tasks related to security and measures to ensure social order and safety in accordance with the law and the following specific tasks:

a) Implementing tasks related to security and social order as prescribed by law and those assigned by competent authorities regarding national security and social order;

b) Organizing the construction of the people's security system, the people's security posture, and the people's national defense system, and the people's national defense posture; participating in building the people's public security forces; contributing to strengthening the potential for protecting national security and ensuring social order and safety; implementing national defense and security education in accordance with the law;

c) Directing the Ward People's Committee to instruct the Ward Police Station to implement tasks related to security and social order; implementing systems and policies for forces participating in security and social order at the grassroots level; leading or coordinating in the construction, management, and protection of important works related to national security;

d) Directing the Ward People's Committee to coordinate with the Vietnam Fatherland Front Committee and its member organizations, and relevant agencies and organizations in the ward in implementing tasks related to security and social order;

đ) Directing the Ward People's Committee to comply with inspections, audits, complaints, and reports handling, and violations of the law on the territory of the ward; conducting mid-term and final reviews of the implementation of tasks related to security and social order.

2. The Ward People's Committee shall propose and coordinate in implementing the tasks stipulated in Clause 1 of this Article according to the delegation and authorization of the District People's Committee and the Chairman of the District People's Committee.

Article 25. Tasks for preventing and combating violations of law within the commune

Within their respective duties and powers, the People's Committee of the district, town, and commune shall organize the implementation of tasks related to preventing and combating violations of law at the local level in accordance with the provisions of the law and the following specific tasks:

1. Implement administrative violation handling procedures in the commune in accordance with the law on administrative violation handling.

2. Organize the implementation of measures to combat crime and other violations of law in the commune.

Chapter V

WORK ON ESTABLISHING BUDGET PROJECTIONS, IMPLEMENTATION AND SETTLEMENT OF DISTRICT, TOWN AND COMMUNE BUDGETS

Article 26. Establishing budget projections for districts, towns, and communes

1. The People's Committee of Hanoi City shall submit to the People's Council at the same level for decision the principles, criteria, and allocation standards for local budgets; the division of revenue sources and expenditure responsibilities for each level of budget in the locality; detailed guidance on requirements, contents, materials for building, establishing, adjusting budget projections for districts, towns, and communes to ensure compliance with the requirements, contents, and timeframes for establishing local budget projections as stipulated by the State Budget Law.

2. Annually, the People's Committee of the commune shall establish budget revenue and expenditure projections for the commune and send them to the Finance and Planning Office of the district or town for review and consolidation before reporting to the People's Committee of the district or town for submission to the People's Council at the same level for decision. Within five working days from the date of the People's Council's decision at the district or town level, the People's Committee of the district or town shall allocate budget revenue and expenditure projections to each commune.

Article 27. Implementation of District, Town, and Commune Budgets

1. Based on the Resolution of the People's Council at the same level, the People's Committee of the district or town shall allocate budget projections to the People's Committees of the communes and direct budget-using units. In cases where the budget projection has not yet been decided by the People's Council of the district or town, the People's Committee of the commune may temporarily receive a budget according to Article 51 of the State Budget Law.

2. The People's Committee of the commune shall allocate and organize the implementation of the budget revenue and expenditure projections assigned; pay all amounts due to the budget in full and on time as prescribed by law; spend according to regulations, policies, purposes, objects, progress schedules, and within the allocated budget projection.

3. During the management process, if it is necessary to adjust the budget projection or there are urgent and critical expenditure tasks arising, the People's Committee of the commune shall report to the People's Committee of the district or town for consideration and decision in accordance with the State Budget Law.

Article 28. Settlement of the State Budget

1. Annually, the People's Committee of Hanoi City and the People's Committee of the district or town shall direct the Finance and Planning Office of the district or town to coordinate with tax authorities, the State Treasury, and relevant departments to examine and approve settlement reports of subordinate agencies and units and consolidate the settlement of the district or town budget.

The People's Committee of the commune shall prepare the settlement report of the budget unit for the commune budget and submit it for examination and approval by the Finance and Planning Office of the district or town, which will then consolidate it into the settlement report of the district or town budget to be reported to the People's Committee of the district or town for submission to the People's Council at the same level for approval.

2. The People's Council of Hanoi City shall specify and provide detailed guidance on the requirements, contents, materials, and deadlines for the People's Committee of the commune to submit settlement reports of the commune budget to relevant agencies, ensuring compliance with the State Budget Law.

Chapter VI

Article 30. IMPLEMENTATION AND ORGANIZATION OF IMPLEMENTATION

Article 29. Effective Date

This Decree takes effect from the date of issuance.

Article 30. Transitional Provisions

1. The time served in the position of Chairman of the People's Committee of a ward before July 1, 2021 shall be counted towards the time served as Chairman of a ward as stipulated in Clause 2, Article 21 of this Decree.

2. As of July 1, 2021, Chairmen, Deputy Chairmen of wards, and civil servants at the commune level working in wards who were elected or recruited before July 1, 2021 shall be transferred to work as civil servants in the ward where they are currently employed; in cases where they are transferred to new positions, the civil servants must meet the conditions and standards appropriate for those positions.

The Personnel Office of the district or town shall review the files of civil servants at the commune level working in the People's Committee of a ward to report to the Chairman of the People's Committee of the district or town. After receiving the appraisal opinion from the Personnel Department of Hanoi City, the Chairman of the People's Committee of the district or town shall issue a decision transferring civil servants at the commune level working in the People's Committee of a ward to become civil servants managed by the People's Committee of the district or town.

The appointment to rank and salary grading for civil servants working in the People's Committee of a ward shall be proposed by the Chairman of the People's Committee of the district or town through a written request to the Personnel Department of Hanoi City for consideration and decision, or to submit to the competent authority for decision in accordance with the provisions of the law.

3. The People's Committee of Hanoi City shall be responsible for developing training and capacity-building plans for civil servants working in the People's Committee of a ward to meet the standards of civil servants and job requirements.

Article 31. ARRANGEMENTS, REORGANIZATION, AND SETTLEMENT OF POLICIES FOR THE CHAIRMAN, DEPUTY CHAIRMAN OF THE PEOPLE'S COUNCIL AND PEOPLE'S COMMITTEE OF A WARD AND OTHER CIVIL SERVANTS WHEN IMPLEMENTING THE PILOT PROGRAM

1. The People's Council and People's Committee of Hanoi City shall direct the reorganization, arrangement, and settlement of policies for:

a) Chairmen and Deputy Chairmen of the People's Council of a ward;

b) Cases where individuals are currently Chairmen or Deputy Chairmen of the People's Committee of a ward but are not appointed as Chairmen or Deputy Chairmen of a ward upon implementation of Resolution No. 97/2019/QH14 and this Decree.

2. Cadres at the commune level specified in Clause 1 of this Article and civil servants at the commune level working in wards who are not transferred to become civil servants shall implement the settlement of policies according to the provisions of Circular No. 27-HD/BTCTW dated December 20, 2019 of the Central Organization Committee guiding the implementation of policies and benefits for cadres who are no longer candidates for election to party committees, state administrative bodies, Vietnam Fatherland Front, and political-social organizations at all levels; Decree No. 26/2015/NĐ-CP dated March 9, 2015 of the Government on policies and benefits for cadres who do not meet the age requirement for re-election or reappointment to positions within terms of office in Party of Vietnam Communist, State agencies, and political-social organizations; Decree No. 108/2014/NĐ-CP dated November 20, 2014 of the Government on policies for streamlining the establishment; Decree No. 113/2018/NĐ-CP dated August 31, 2018 of the Government amending and supplementing some articles of Decree No. 108/2014/NĐ-CP; Decree No. 143/2020/NĐ-CP dated December 10, 2020 of the Government amending and supplementing some articles of Decree No. 108/2014/NĐ-CP and Decree No. 113/2018/NĐ-CP; Decree No. 46/2010/NĐ-CP dated April 27, 2010 of the Government on resignation and retirement procedures for civil servants and other relevant regulations.

3. In addition to the policies and benefits stipulated in Clause 2 of this Article, based on the local budget balance, the People's Committee of Hanoi City shall propose the People's Council at the same level to issue support policies for cadres and civil servants in wards subject to the settlement of policies as stipulated in Clauses 1 and 2 of this Article.

4. In case the National Assembly issues a resolution terminating the pilot program, the use, management, and settlement of policies for Chairmen, Deputy Chairmen of wards, and other civil servants in wards shall be implemented in accordance with the provisions and guidance of the competent authority.

Article 32. Budget preparation, execution, and settlement work when transferring from the district-level budget to the direct subordinate budget unit of the People's Committee of the urban district in 2021

1. The People's Committee of Hanoi City shall submit to the same-level People's Council for decision on amending and supplementing the content of revenue classification and expenditure tasks of the district and town budgets from July 1, 2021, in accordance with the urban administration model of the city.

2. Organizing the budget preparation of the district and town

a) Based on the reports of the wards, the District Finance and Planning Office, and the Town Finance and Planning Office shall compile the results of the implementation of the budget revenue and expenditure for the first six months of 2021 of all wards within their jurisdiction, report to the People's Committee of the district and town to adjust the 2021 district and town budget as follows:

Adjusted budget revenue and expenditure balance of the district and town in 2021 based on increasing district and town budget revenue, reducing the remaining budget revenue of the ward according to the classification; increasing the budget expenditure tasks at the district and town level and allocating the budget expenditure tasks to the subordinate ward budget units according to assigned functions and tasks.

The adjusted 2021 budget revenue and expenditure assigned to the People's Committee of the ward includes: Remaining unexecuted budget revenue allocated at the beginning of the year; budget expenditure tasks of the ward budget unit under the district and town budget according to assigned functions and tasks; administrative agency, Party organization, mass organization, and public institution budget expenditure tasks under the People's Committee of the ward, funded by the district and town budget, ensuring the implementation of economic and social development tasks in the ward.

The People's Committee of the district and town must complete the assignment of the budget to each People's Committee of the ward before July 31, 2021.

b) The People's Committee of Hanoi City and the People's Committee of the district and town shall direct agencies and units to implement accounting work for the ward budget unit from July 1, 2021, in accordance with the provisions of the State Budget Law.

3. Budget settlement work of the ward level from January 1, 2021, to June 30, 2021:

a) The People's Committee of Hanoi City and the People's Committee of the district and town shall direct agencies and units to implement accounting work, including: Closing the accounting books by June 30, 2021; inventorying assets; determining unpaid debts; preparing financial statements; preparing handover certificates; handing over accounting documents and data; transferring surplus funds of the ward budget and salary reform sources to the district and town management in accordance with the provisions on consolidation and merger under Articles 45 and 46 of the Accounting Law.

b) The People's Committee of the ward shall prepare the report on the settlement of state budget revenue and ward budget expenditure for the first six months of 2021, submit it to the District Finance and Planning Office and the Town Finance and Planning Office for review, and report to the People's Committee of the district and town to submit to the same-level People's Council for approval.

Article 33. Responsibility for Implementation

1. The Ministry of Home Affairs shall have the following responsibilities:

a) Guide, inspect, and audit the implementation of the pilot organization of the urban administration model in Hanoi City as stipulated in Resolution No. 97/2019/QH14 and this Decree;

b) Take the lead and coordinate with the People's Committee of Hanoi City to report to the Government for submission to the Standing Committee of the National Assembly and the National Assembly for a mid-term review of the pilot implementation of the urban administration model in Hanoi City.

2. The People's Council and the People's Committee of Hanoi City shall be responsible for implementing this Decree. The People's Committee of Hanoi City shall be responsible for:

a) Issuing a model working regulation of the People's Committee of the ward;

b) Directing the People's Committees of the district and town and the ward to implement regulations on financial and budgetary work when piloting the organization of the urban administration model;

c) Reporting to the Ministry of Home Affairs for submission to the Government for consideration and decision on issues arising during the pilot implementation of the urban administration model in Hanoi City.

3. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairman of the People's Committee of Hanoi City, and related agencies, organizations, and individuals shall be responsible for enforcing this Decree.