Decree No. 33/2021/NĐ-CP detailing and providing implementation measures for Resolution No. 131/2020/QH14 dated November 16, 2020 of the National Assembly on the organization of urban administration in Ho Chi Minh City.

DECREE

Providing detailed regulations and implementation measures for Resolution No. 131/2020/QH14 dated November 16, 2020 of the National Assembly on the organization of urban administration in Ho Chi Minh City

_________________

Based on the Law Amending and Supplementing Certain Provisions of the Government Organization Law and the Local Administration Organization Law dated November 22, 2019;

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

Based on the Electricity Law dated November 30, 2024;

Pursuant to Resolution No. 131/2020/QH14 dated November 16, 2020 of the National Assembly on the organization of urban administration in Ho Chi Minh City;

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

The Government promulgates this Decree providing detailed regulations and implementation measures for Resolution No. 131/2020/QH14 dated November 16, 2020 of the National Assembly on the organization of urban administration in Ho Chi Minh City.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides detailed regulations and implementation measures for Resolution No. 131/2020/QH14 dated November 16, 2020 of the National Assembly on the organization of urban administration in Ho Chi Minh City.

Article 2. Applicability

This Decree applies to:

1. Ho Chi Minh City People's Council and People's Committee.

2. People's Committee of districts under Ho Chi Minh City.

3. People's Councils and People's Committees of cities under Ho Chi Minh City.

4. People's Committee of wards under districts, People's Committee of wards under cities under Ho Chi Minh City (hereinafter referred to collectively as People's Committee of wards).

5. Agencies, organizations, and individuals related thereto.

Article 3. Regulations on management of civil servants

1. Civil servants of the People's Committee of wards belong to the establishment of civil servants of the People's Committee of districts, People's Committee of cities under Ho Chi Minh City, and are managed and utilized by the People's Committee of districts, People's Committee of cities under Ho Chi Minh City.

2. The Chairman of the People's Committee of Ho Chi Minh City decides on the appointment, reappointment, dismissal, transfer, rotation, secondment, commendation, disciplinary action, and temporary suspension from duty of the Chairman of the People's Committee of districts (hereinafter referred to as Chairman of the district), Deputy Chairman of the People's Committee of districts (hereinafter referred to as Deputy Chairman of the district), and delegates the authority of the Chairman of the district, the authority of the Chairman of the People's Committee of cities under Ho Chi Minh City according to the provisions of the law.

3. The Chairman of the district and the Chairman of the People's Committee of cities under Ho Chi Minh City decide on the appointment, reappointment, dismissal, transfer, rotation, secondment, commendation, disciplinary action, and temporary suspension from duty of the Chairman of the People's Committee of wards (hereinafter referred to as Chairman of the ward), Deputy Chairman of the People's Committee of wards (hereinafter referred to as Deputy Chairman of the ward), heads and deputy heads of specialized agencies under the People's Committee of districts, and delegates the authority of the Chairman of the ward according to the provisions of the law.

4. The People's Committee of Ho Chi Minh City, the Chairman of the People's Committee of cities under Ho Chi Minh City, and the Chairman of the district shall implement recruitment, utilization, and management of civil servants working at the People's Committee of districts, People's Committee of cities under Ho Chi Minh City, and People's Committee of wards according to the provisions of the law on authority and decentralization.

5. The Department of Home Affairs of Ho Chi Minh City, within its assigned functions and tasks, shall be responsible for guiding, inspecting, and auditing the recruitment, utilization, and management of civil servants working at the People's Committee of districts, People's Committee of cities under Ho Chi Minh City, and People's Committee of wards.

Article 4. Position of Member with Specialized Responsibilities in Committees under the People's Council of Ho Chi Minh City

1. Each Committee under the People's Council of Ho Chi Minh City has one Member with Specialized Responsibilities, who is appointed and approved by the Standing Committee of the People's Council of Ho Chi Minh City upon the proposal of the Head of the Committee of the People's Council.

2. The position of Member with Specialized Responsibilities (hereinafter referred to as Member with Specialized Responsibilities) in Committees under the People's Council of Ho Chi Minh City is defined as follows:

a) Full-time member of the Legal Affairs Board;

b) Full-time member of the Economy and Budget Board;

c) Full-time member of the Culture and Social Affairs Board;

d) Full-time member of the Urban Affairs Board.

3. Qualifications for the position of full-time member:

a) A current member of the People's Council of Ho Chi Minh City;

b) Having a bachelor's degree or higher, possessing the ability to participate in policy-making and organizing supervisory activities, having expertise, practical experience, and appropriate capabilities for the position of Member with Specialized Responsibilities as stipulated in Clause 2 of this Article.

4. Members with Specialized Responsibilities shall receive salaries according to the current legal provisions for cadres and civil servants and shall enjoy position allowances equivalent to the rank of head of a department-level division.

Article 5. Provisions on cadres belonging to Party organizations, the Vietnam Fatherland Front Committee, and political-social organizations at the ward level

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

Article 6. Provisions on non-professional staff

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

Chapter II

ORGANIZATION AND OPERATIONS OF THE DISTRICT PEOPLE'S COMMITTEE, RESPONSIBILITY REGIME OF THE CHAIRMAN OF THE DISTRICT PEOPLE'S COMMITTEE

Article 7. Organizational structure of the District People's Committee

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

a) Chairman of the district;

b) Deputy Chairmen of the district;

c) Chief of the District Police;

d) Commander-in-Chief of the Military Command of the district;

đ) Specialized agencies under the District People's Committee;

e) Other administrative agencies and public service units under the District People's Committee.

2. The People's Committee of Ho Chi Minh City shall base its regulations on Decree No. 37/2014/ND-CP dated May 5, 2014 of the Government on the organization of specialized agencies under the People's Committees of districts, towns, and provincial cities, and Decree No. 108/2020/ND-CP dated September 14, 2020 of the Government amending and supplementing certain articles of Decree No. 37/2014/ND-CP to specifically define the names and number of specialized agencies under the District People's Committee appropriately. The Office of the People's Council and People's Committee of the district shall be called the Office of the District People's Committee.

3. The establishment of other administrative agencies under the District People's Committee shall be carried out in accordance with the laws on the establishment, reorganization, and dissolution of administrative organizations and according to the relevant sectoral laws.

4. The establishment of public service units under the District People's Committee shall be carried out in accordance with the laws on the establishment, reorganization, and dissolution of public service units and in accordance with the provisions of the relevant sectoral laws.

Article 8. Principles of operation of the District People's Committee

1. The District People's Committee operates under the head system; ensuring the principle of centralized democracy.

2. The Chairman of the district is the head of the District People's Committee, responsible for leading, managing, and directing the District People's Committee to perform its functions, tasks, and granted powers.

3. Deputy Chairmen of the district assist the Chairman of the district in handling tasks assigned by the Chairman, being responsible before the Chairman and the law for the tasks assigned. When the Chairman is absent, a Deputy Chairman authorized in writing by the Chairman may manage, handle tasks, and sign documents of the District People's Committee.

In case of vacancy of the Chairman of the district, the Chairman of the People's Committee of Ho Chi Minh City shall decide to entrust the power of the Chairman of the district to a Deputy Chairman until a decision on appointing the Chairman of the district is made.

4. The tasks and powers of the District People's Committee as stipulated in Clauses 2, 3, 5, and 11 of Article 5 of Resolution No. 131/2020/QH14 must be discussed collectively before the Chairman of the district makes a decision and bears responsibility for his decision. Civil servants of the district work according to the working regulations, ensuring the principle of centralized democracy and complying with the provisions of the law.

The collective referred to in this clause includes: the Chairman of the district, Deputy Chairmen of the district, Chief of the District Police, Commander-in-Chief of the Military Command of the district, and heads of specialized agencies under the District People's Committee. Additionally, based on the content of the meeting, the Chairman of the District People's Committee may invite other related parties.

5. The operations of the District People's Committee aim to meet the satisfaction of citizens, comply with procedures and formalities, within the granted authority, in accordance with the law and the working regulations of the District People's Committee.

6. Promote administrative reform, apply online public services in handling administrative procedures for individuals and organizations at the district level in accordance with the law, ensuring that the activities of the District People's Committee are democratic, transparent, unified, and smooth.

7. When necessary, the Chairman of the district may delegate authority to Deputy Chairmen, heads of specialized agencies, other administrative agencies, public service units under the District People's Committee, and Ward Chairmen to resolve one or several tasks within the authority of the District People's Committee.

Article 9. Organization of meetings of the District People's Committee

1. The organization of meetings of the District People's Committee shall be carried out in accordance with the working regulations, convened by the District Chairman to perform assigned functions and tasks.

2. The District Chairman shall invite the Secretary of the District Party Committee, the Chairman of the Vietnam Fatherland Front Committee at the district level, the head of political-social organizations at the district level, National Assembly deputies and People's Council representatives of Ho Chi Minh City elected from the district to attend the meeting of the District People's Committee when the agenda includes issues related to them.

3. Conclusions of meetings concerning citizens must be publicized on the District People's Committee's electronic portal (except for information classified as state secrets) in accordance with the provisions of the law and the working regulations of the District People's Committee to inform the agencies, organizations, and people promptly and publicly.

Article 10. Organization of dialogues between the District Chairman and the People

1. Annually, before the regular session of the Ho Chi Minh City People's Council, the District Chairman is responsible for organizing dialogue meetings with the people in the district regarding the district's operational situation and issues related to the rights and aspirations of citizens within the district.

Based on the population size, the District Chairman may organize dialogues with the people by ward, the District People's Committee must announce on mass media and the Ward People's Committee so that the Ward People's Committee can notify community groups and residential wards about the time, location, and content of the dialogue meetings with the people at least seven days prior to the meeting date.

2. The results of the dialogue meetings between the District Chairman and the people must be sent to the Standing Body of the People's Council, the People's Committee, the Chairman of the Ho Chi Minh City People's Committee, and the Head of the Delegation of the Ho Chi Minh City People's Council in the district at least seven days before the opening of the nearest regular session of the Ho Chi Minh City People's Council.

Article 11. Responsibilities of the District Chairman and Deputy Chairmen

1. The District Chairman is responsible for implementing the provisions of the Civil Servants Law, other relevant laws, complying with the working regulations of the District People's Committee, and the following responsibilities:

a) Being accountable under the law, to the People's Council, the People's Committee, and the Chairman of the Ho Chi Minh City People's Committee for the performance of the District People's Committee's duties and powers;

b) Being responsible for managing civil servants and officials at the district and ward levels according to this Decree and based on delegated authority;

c) Issuing the working regulations of the District People's Committee; signing documents of the District People's Committee in the capacity of Chairman and being responsible for such documents.

2. Deputy Chairmen are responsible for performing tasks assigned and delegated by the Chairman and being accountable for their directives and decisions.

3. If the District Chairman or Deputy Chairman violates the responsibilities stipulated in Clause 1 or Clause 2 of this Article, they will be subject to handling in accordance with the Civil Servants Law, relevant legal provisions, and guiding documents.

Article 12. Work relations between the People's Committee of District and the People's Committee, Chairman of the People's Committee of Ho Chi Minh City

1. The District Chairman is subject to the leadership and direct guidance of the People's Committee, Chairman of the People's Committee of Ho Chi Minh City. When encountering issues beyond their authority, the District Chairman must report to seek instructions from the People's Committee, Chairman of the People's Committee of Ho Chi Minh City; implement the reporting system with the People's Committee, Chairman of the People's Committee of Ho Chi Minh City as prescribed.

2. The People's Committee of the district and specialized agencies under the People's Committee of the district shall comply with inspections conducted by the People's Committee, Chairman of the People's Committee of Ho Chi Minh City and specialized agencies under the People's Committee of Ho Chi Minh City in performing tasks.

Article 13. Work relations between the People's Committee of District and the District Party Committee, the Vietnam Fatherland Front Committee and political-social organizations at the district level

Implement according to the working regulations of the People's Committee of the district with the District Party Committee, the Vietnam Fatherland Front Committee and political-social organizations at the district level, and perform the following tasks:

1. The People's Committee of the district is subject to the leadership of the District Party Committee and reports to the District Party Committee on the implementation of tasks assigned by the People's Committee, Chairman of the People's Committee of Ho Chi Minh City.

2. The People's Committee of the district closely coordinates with the Vietnam Fatherland Front Committee and political-social organizations at the district level in performing tasks as prescribed.

Article 14. Procedures and formalities for issuing regulatory legal documents of the People's Committee of District

1. The form of regulatory legal documents of the People's Committee of the district is a decision.

2. Drafting decisions of the People's Committee of the district

a) The draft decision of the People's Committee of the district is drafted by the specialized agency under the People's Committee of the district assigned and directly directed by the District Chairman. The drafting agency is responsible for building the draft and the proposal for the draft decision;

b) Based on the nature and content of the draft decision, the drafting agency organizes to collect opinions from relevant agencies and organizations, and directly affected subjects of the decision. Relevant agencies and organizations receiving opinions are responsible for responding in writing within seven days from the date of receipt of the draft decision. In cases where opinions are collected from directly affected subjects of the decision, the collecting agency is responsible for identifying issues requiring opinions and ensuring at least seven days from the date of organizing the collection of opinions for the subjects to provide feedback on the draft decision.

3. Reviewing the draft decision of the People's Committee of the district

a) The Legal Department is responsible for reviewing the draft decision of the People's Committee of the district before submission. At least ten days before the meeting of the People's Committee of the district, the drafting agency must send the draft decision file to the Legal Department for review;

b) The files sent for review include: the proposal and draft decision; summary of opinions on the draft decision; other documents (if any);

c) The content and review report are implemented in accordance with Articles 121(3), (4), and (5) of the Law on Issuing Regulatory Legal Documents and Article 1(36) of the Law Amending and Supplementing Certain Provisions of the Law on Issuing Regulatory Legal Documents;

d) At least five days before the meeting of the People's Committee of the district, the Legal Department sends the review report to the drafting agency.

4. Draft decision file submitted to the People's Committee of the district, the District Chairman

a) The drafting agency sends the draft decision file to the People's Committee of the district at least three working days before the meeting of the People's Committee of the district to transfer to the District Chairman, Deputy Chairmen of the district, and heads of specialized agencies under the People's Committee of the district;

b) The draft decision file submitted to the People's Committee of the district includes: documents specified in point b, Clause 3 of this Article; the review report of the Legal Department.

5. Procedure for considering and issuing the draft decision of the People's Committee of the district

a) The draft decision of the People's Committee of the district is discussed collectively at the meeting of the People's Committee of the district organized by the District Chairman;

b) The District Chairman signs to issue the decision of the People's Committee of the district in his capacity as head of the issuing agency.

Chapter III

ORGANIZATION AND OPERATIONS OF THE PEOPLE'S COMMITTEE OF THE CITY UNDER HO CHI MINH CITY, RESPONSIBILITY REGIME OF THE CHAIRMAN OF THE PEOPLE'S COMMITTEE OF THE CITY UNDER HO CHI MINH CITY

Article 15. Specialized agencies under the People's Committee of the city within Ho Chi Minh City

1. The specialized agencies under the People's Committee of the city within Ho Chi Minh City include:

a) Office of the People's Council and People's Committee;

b) Civil Service Department;

c) Justice Department;

d) Finance and Planning Department;

đ) Labor, Invalids and Social Affairs Department;

e) Culture and Information Department;

g) Urban Management Department;

h) Natural Resources and Environment Department;

i) Education and Training Department;

k) District Inspectorate;

l) Economy Department;

m) Health Department;

n) Science and Technology Department.

2. Based on the provisions of Decree No. 37/2014/NĐ-CP, Decree No. 108/2020/NĐ-CP, and Clause 1 of this Article, the People's Committee of the city within Ho Chi Minh City shall submit to the same-level People's Council for consideration and decision on the establishment, reorganization, dissolution of departments in accordance with the requirements of state management in the city within Ho Chi Minh City; specify the specific functions, tasks, and authorities of departments under the People's Committee of the city within Ho Chi Minh City.

3. The number of deputy heads of specialized agencies under the People's Committee of the city within Ho Chi Minh City shall be considered and decided by the People's Committee of the city within Ho Chi Minh City but not exceeding three persons.

Article 16. Financial and State Budget Management

1. The People's Committee of Ho Chi Minh City shall submit to the same-level People's Council for approval the content of revenue classification and expenditure responsibilities between the budget of Ho Chi Minh City and the budget of the city within Ho Chi Minh City.

2. The People's Committee of Ho Chi Minh City shall submit to the same-level People's Council for decision the appropriate proportion of revenue redistribution for the budget of the city within Ho Chi Minh City to ensure resources for implementing economic and social development goals of the city within Ho Chi Minh City.

3. The city within Ho Chi Minh City shall implement the mechanism for generating sources for salary reform according to regulations. After the budget of the city within Ho Chi Minh City ensures sufficient sources for salary reform and implements social security policies during the stable budget period as stipulated by the competent authority, the People's Council of the city within Ho Chi Minh City may decide to use surplus salary reform funds from the budget of the city within Ho Chi Minh City to invest in socio-economic infrastructure within the expenditure responsibilities of the budget of the city within Ho Chi Minh City.

Chapter IV

ORGANIZATION AND OPERATIONS OF THE PEOPLE'S COMMITTEE OF WARD, RESPONSIBILITY REGIME OF THE CHAIRMAN OF THE PEOPLE'S COMMITTEE OF WARD

Article 17. Organizational Structure of the People's Committee of Ward

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) Chief 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 18. Principles of Operation and Work of the People's Committee and Chairman of Ward

1. The People's Committee of Ward operates under the head system. The Chairman of Ward is the head, responsible for leading, managing, and directing the work of the People's Committee of Ward in accordance with the working regulations of the People's Committee of Ward, ensuring the principle of democratic centralism and compliance with legal regulations.

2. The Chairman of Ward organizes meetings to collectively discuss issues specified in Clauses 1, 2, and 3 of Article 9 of Resolution No. 131/2020/QH14 before making decisions and is responsible for those 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 Chairman of Ward authorizes the civil servant holding the position of Justice - Household Registration to sign and stamp the People's Committee of Ward on certifying copies from original documents issued or certified by authorized Vietnamese agencies; certifying signatures on documents in accordance with legal regulations.

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 absence of the Chairman of Ward, the Chairman of District, Chairman of the People's Committee of the city within Ho Chi Minh City shall issue a decision delegating the authority of the Chairman of Ward to a Deputy Chairman of Ward until a new Chairman of Ward is appointed.

6. Activities of the People's Committee of Ward aim to ensure satisfaction of citizens, comply with procedures and formalities, act within delegated authority, and follow legal regulations and ward working regulations.

7. Promote administrative reform, apply online public services to handle administrative procedures for individuals and organizations at the ward level in accordance with legal regulations, ensuring that activities of the People's Committee of Ward must be democratic, transparent, consistent, and smooth.

Article 19. Organization of meetings of the People's Committee of the Ward

1. The organization of meetings of the People's Committee of the Ward shall be carried out according to the working regulations, convened by the Chairman of the Ward to perform assigned functions and tasks.

2. When the meeting agenda includes issues related to the Party Secretary, the Chairman of the Vietnam Fatherland Front at the Ward level, the head of political-social organizations at the Ward level, the Secretary of the Branch Party, the Head of the People's Group, representatives of specialized agencies under the People's Committee of the District and the People's Committee of the City under Ho Chi Minh City, the Chairman of the Ward shall invite them to participate in regular meetings and other meetings of the People's Committee of the Ward.

3. Conclusions from meetings concerning citizens must be published on the electronic portal of the People's Committee of the Ward (excluding information classified as State secrets) in accordance with the provisions of the law and the working regulations of the People's Committee of the Ward for public dissemination and timely notification to relevant agencies, organizations, and citizens.

Article 20. Organization of dialogue meetings between the Chairman of the Ward and the People

1. Annually, before the regular session of the People's Council of Ho Chi Minh City, the Chairman of the Ward has the responsibility to organize dialogue meetings with the people of the Ward regarding the activities of the People's Committee of the Ward and issues related to the rights and aspirations of citizens in the locality. In cases where the population size requires it, such dialogues may be conducted through representatives of the People's Groups. The People's Committee of the Ward must announce on mass media and inform the Heads of the People's Groups about the time, place, and content of the dialogue meeting with the people at least seven days prior to the meeting date.

2. The results of the dialogue meeting between the Chairman of the Ward under the District and the people must be sent to the Standing Body of the People's Council of Ho Chi Minh City, the People's Committee, the Chairman of the District, and the Head of the Delegation of the People's Council of Ho Chi Minh City at the District level.

The results of the dialogue meeting between the Chairman of the Ward under the City under Ho Chi Minh City and the people must be sent to the Standing Body of the People's Council of the City under Ho Chi Minh City, the People's Committee, the Chairman of the People's Committee of the City under Ho Chi Minh City, and the Head of the Delegation of the People's Council of the City under Ho Chi Minh City.

Article 21. Responsibilities of the Chairman of the Ward

1. The Chairman of the Ward is the head of the People's Committee of the Ward, responsible before the law and the Chairman of the District, the Chairman of the People's Committee of the City under Ho Chi Minh City for the performance of the duties and powers of the People's Committee of the Ward.

2. Directly utilize and manage civil servants of the Ward in accordance with this Decree and the delegation of authority from the People's Committee, the Chairman of the District, and the Chairman of the People's Committee of the City under Ho Chi Minh City.

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 obligations 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 22. 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 for documents of the People's Committee of the Ward when delegated and authorized by the Chairman of the Ward.

4. Fulfill the obligations 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 23. Responsibilities of other civil servants of the commune

1. Shall be responsible to the Chairman and Vice-Chairman of the Commune People's Committee in charge for the performance of state management tasks in their specialized fields as assigned by the Chairman of the Commune People's Committee in accordance with the provisions of the law.

2. Shall proactively advise and propose solutions to assigned tasks in compliance with the prescribed timeframes, results, and authority; shall diligently serve the people without causing difficulties or inconvenience to them. If the matter exceeds their authority, they must report to the Chairman or the Vice-Chairman of the Commune People's Committee in charge for consideration and decision.

3. Shall comply with the working regulations of the Commune People's Committee, strictly execute the task assignments of the Chairman; resolve tasks in accordance with their assigned responsibilities, ensuring progress and quality of work.

4. Shall not transfer tasks within their responsibility to other civil servants without the approval of the competent authority; shall not unilaterally resolve tasks within the responsibility of other civil servants. In cases where the content of the task involves other civil servants and there are differing opinions, they must report to the Chairman for consideration and decision.

5. The Civil Servant of Justice - Household Registration shall be responsible to the Chairman of the Commune People's Committee and the law for the implementation of the contents authorized under Clause 3, Article 18 of this Decree, and shall not delegate such authorized contents to other individuals.

6. Shall be responsible for establishing, preserving, and archiving files and documents related to their specialized work; shall promptly and accurately report the situation of their assigned tasks to the Chairman and Vice-Chairman of the Commune People's Committee in charge in accordance with the prescribed regulations.

7. Shall fulfill the duties of a civil servant and comply with the provisions on matters that civil servants are prohibited from doing as stipulated in the Law on Public Officials and Civil Servants and other relevant laws.

Article 24. Working relationship between the Commune People's Committee and the Chairman of the Commune with the District People's Committee, the Chairman of the District People's Committee, and the People's Committee of the City of Ho Chi Minh City, and the Chairman of the People's Committee of the City of Ho Chi Minh City

1. The Chairman of the Commune shall be subject to the direct leadership and guidance of the Chairman of the District People's Committee and the Chairman of the People's Committee of the City of Ho Chi Minh City. When encountering issues exceeding their authority, the Chairman of the Commune must report to seek instructions from the Chairman of the District People's Committee and the Chairman of the People's Committee of the City of Ho Chi Minh City; shall implement the reporting system to the Chairman of the District People's Committee and the Chairman of the People's Committee of the City of Ho Chi Minh City in accordance with the prescribed regulations.

2. The Commune People's Committee shall comply with inspection activities, maintain close relations, and follow the professional guidance of specialized agencies under the District People's Committee and the People's Committee of the City of Ho Chi Minh City in performing tasks within the commune.

Article 25. Working relationship between the Commune People's Committee and the Chairman of the Commune with the People's Council of the City of Ho Chi Minh City

1. The Commune People's Committee and the Chairman of the Commune shall be subject to supervision by the People's Council of the City of Ho Chi Minh City during their operations, task execution, and exercise of powers; adherence to the Constitution, laws, and resolutions of the People's Council of the City of Ho Chi Minh City and the People's Council of Ho Chi Minh City.

2. Shall report quarterly on their operational results to the People's Council of the City of Ho Chi Minh City or provide ad hoc reports as required by the People's Council of the City of Ho Chi Minh City. The Chairman of the Commune shall be responsible for explaining related issues before the People's Council of the City of Ho Chi Minh City when requested.

Article 26. Work relations between the People's Committee of the Ward and the Chairman of the Ward with the Party Committee of the Ward

The People's Committee and the Chairman of the Ward shall be subject to the leadership of the Party Committee of the Ward in implementing the tasks assigned by the People's Council, the People's Committee of the city under Ho Chi Minh City, and the District People's Committee, as well as other tasks prescribed by law.

Article 27. Work relations between the People's Committee of the Ward and the Chairman of the Ward with the Vietnam Fatherland Front Committee and political-social organizations in the Ward

The People's Committee and the Chairman of the Ward shall closely cooperate with the Vietnam Fatherland Front Committee and political-social organizations in the Ward in performing their tasks, caring for people's lives, and protecting people's interests; creating conditions for these organizations to operate effectively; regularly reporting monthly or when necessary on the socio-economic development situation of the locality and activities of the People's Committee of the Ward so that these organizations can understand and coordinate, mobilize the people to comply with the policies and laws of the State.

Article 28. Work relations between the Chairman of the Ward and the Neighborhood People's Committees

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

2. The Chairman of the Ward assigns civil servants of the Ward to take charge and monitor situations in the Neighborhood People's Committees. Monthly, the assigned civil servants work with the Heads of the Neighborhood People's Committees in their respective areas or directly participate in meetings of the Neighborhood People's Committees to listen to reports on the situation, suggestions, and resolve complaints of the people according to the law.

Chapter V

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

Article 29. Civil Servant Establishment of the Ward

1. The average number of civil servants working at the Ward People's Committee is 15 persons, this average number is calculated for the total number of wards in a district or city under Ho Chi Minh City.

2. The People's Committee of Ho Chi Minh City shall submit to the People's Council at the same level for a decision on the number of civil servant positions of the Ward People's Committee in each district or city under Ho Chi Minh City within the total establishment quota assigned by the competent authority.

3. Based on Clause 1 and Clause 2 of this Article and the specific requirements of each ward, the District People's Committee and the People's Committee of the city under Ho Chi Minh City shall decide specifically on the number of civil servants for each position in the Ward People's Committee.

Article 30. Recruitment, use and management of civil servants working at the District People's Committee, the People's Committee of the city under Ho Chi Minh City, and the Ward People's Committee

1. The People's Committee of Ho Chi Minh City, the Chairman of the People's Committee of Ho Chi Minh City shall implement or delegate to the Chairmen of the Districts and the Chairmen of the People's Committees of the cities under Ho Chi Minh City to implement recruitment, use, and management of civil servants working at the District People's Committee, the city People's Committee under Ho Chi Minh City, and the Ward People's Committee.

2. Recruitment, use, and management of civil servants working at the District People's Committee, the city People's Committee under Ho Chi Minh City, and the Ward People's Committee shall be carried out in accordance with the Law on Cadres and Civil Servants, the Government's regulations on recruitment, use, and management of civil servants, and the positions and titles specified in Article 17 of this Decree.

For the position of Chief of the Ward Military Service Command, the appointment shall be implemented in accordance with point d, Clause 1 of Article 23 of the Law on Militia and Self-defense.

3. Based on the number of civil servant positions and the recruitment needs at the District and Ward People's Committees, the Chairmen of the Districts and the Chairmen of the People's Committees of the cities under Ho Chi Minh City shall develop recruitment plans, send them to the Department of Home Affairs for approval before implementation (in cases where they have been delegated or authorized by the People's Committee or the Chairman of the People's Committee of Ho Chi Minh City).

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) Implement or propose the competent authority to implement training, upgrading, planning, salary adjustment, quality assessment, commendation, and disciplinary actions as prescribed;

d) Implement statistics and report to the competent authority on the status of the civil servant workforce as prescribed;

đ) Implement other contents as delegated or authorized by the People's Committee or the Chairman of the People's Committee of Ho Chi Minh City, districts, or cities under Ho Chi Minh City.

Article 31. Procedures for appointment, reappointment, transfer, rotation, secondment, removal, and resignation of leadership and management positions of District People's Committees and Ward People's Committees

The procedures and formalities for the appointment, reappointment, transfer, rotation, secondment, removal, and resignation of Chairpersons and Deputy Chairpersons of Districts and Wards, and other leadership and management positions of District People's Committees 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 32. Term of Appointment for Leadership and Management Positions of Districts and Wards

1. The term of appointment for Chairpersons and Deputy Chairpersons of Districts and Wards for each appointment is five years, calculated from the effective date of the appointment decision.

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

3. When the term of appointment expires, the competent authority must proceed with the examination and reappointment or extension of the term of office, except where otherwise provided by law.

Article 33. Rewards and Disciplinary Measures for Civil Servants Working at District and Ward People's Committees

The procedures, formalities, and authority for rewarding and disciplining civil servants working at District and Ward People's Committees shall be implemented in accordance with the provisions of the Civil Servants Law, the Law on Encouragement and Reward, and guiding documents.

Article 34. Suspension from Work for Civil Servants Working at District and Ward People's Committees

1. Civil servants working at District and Ward People's Committees who violate labor discipline or commit violations of the law as determined in writing by the competent authority may be suspended from work.

2. The Chairman of the People's Committee of Ho Chi Minh City, the Chairman of the District People's Committee, the Chairman of the People's Committee of a city within Ho Chi Minh City, or the Chairman of the Ward People's Committee, depending on the level of management of civil servants, may issue a decision to suspend from work when there is a basis as stipulated in Clause 1 of this Article.

Chapter VI

ESTABLISHING, IMPLEMENTING, AND SETTLING THE BUDGET OF DISTRICTS AND WARDS

Article 35. Establishing the Budget Estimate

1. The People's Committee of Ho Chi Minh City shall submit to the People's Council at the same level for decision the principles, criteria, and allocation standards for local budgets; the decentralization of revenue sources and expenditure tasks for each budget level in the locality (for the Ho Chi Minh City budget and the district and city-level budgets within Ho Chi Minh City, and the commune and town budgets); provide specific guidance on requirements, contents, and materials for building, establishing, and adjusting the budget estimates of districts and cities within Ho Chi Minh City, and ward budgets to ensure compliance with the requirements, contents, and timeframes for establishing local budgets as prescribed by the State Budget Law.

2. Annual budget estimate establishment:

a) The People's Committee of a ward within a city within Ho Chi Minh City shall establish the budget estimate for revenue and expenditure of the ward and send it to the Finance and Planning Department of the city within Ho Chi Minh City for review and consolidation together with the budget estimates of subordinate budget units within the city within Ho Chi Minh City, report to the People's Committee of the city within Ho Chi Minh City, and submit to the People's Council at the same level for consideration and decision.

The People's Council of a city within Ho Chi Minh City shall decide on the annual budget estimate and allocate the next year's budget for its own level no later than ten days from the date the People's Council of Ho Chi Minh City decides on the budget estimate and allocation.

b) The People's Committee of a ward within a district shall establish the budget estimate for revenue and expenditure of the ward and send it to the Finance and Planning Department of the district for review and consolidation together with the budget estimates of subordinate budget units within the district, which shall be submitted to the People's Committee of the district, sent to the Department of Finance, the Department of Planning and Investment for review and consolidation, and reported to the People's Committee of Ho Chi Minh City for submission to the People's Council at the same level for consideration and decision.

c) No later than five working days from the date the People's Council of Ho Chi Minh City decides on the budget estimate, the People's Committee of Ho Chi Minh City shall assign the next year's budget to each district and city within Ho Chi Minh City.

d) Before December 31 of each year, the People's Committee of a district or city within Ho Chi Minh City must complete the assignment of the next year's budget to each ward, each direct subordinate budget unit.

Article 36. Implementation of the State Budget

1. Allocation and transfer of state budget estimates:

a) Based on the Resolution of the People's Council of Ho Chi Minh City and the decision to allocate state budget estimates of the People's Committee of Ho Chi Minh City, the People's Committee of each district shall allocate and transfer state budget estimates to each subordinate agency, unit using the state budget, and each ward, and send them to the Department of Finance, while sending them to the State Treasury where transactions take place for implementation.

b) Based on the Resolution of the People's Council of each city under Ho Chi Minh City, the People's Committee of each city under Ho Chi Minh City shall allocate and transfer state budget estimates to each subordinate agency, unit using the state budget, and each ward, and send them to the State Treasury where transactions take place for implementation.

c) The allocation and transfer of state budget estimates must ensure the deadlines and requirements stipulated in Articles 49 and 50 of the State Budget Law and the guiding documents for implementing the State Budget Law.

2. The People's Committee of each district and the People's Committee of each ward shall organize the implementation of the allocated revenue and expenditure budget estimates; submit all amounts due to the state budget according to the provisions of the law in full and on time; spend according to regulations, policies, purposes, objects, progress, and within the scope of the allocated budget estimates.

3. The People's Committee of each district and the People's Committee of each ward shall be responsible for managing and using the budget according to the allocated budget estimates, evaluate the results of tasks performed, ensure efficiency, thrift, compliance with policies, regulations, standards, and budget expenditure quotas.

4. Adjustments to the district and ward state budget estimates during the implementation of the state budget shall be carried out in accordance with the provisions of Article 53 of the State Budget Law and the guiding documents for implementing the State Budget Law.

Adjustments to the state budget estimates of cities under Ho Chi Minh City shall be carried out in accordance with the provisions of Article 52 of the State Budget Law and the guiding documents for implementing the State Budget Law.

Article 37. Settlement of the State Budget

1. Annually, the People's Committee of Ho Chi Minh City and the People's Committee of each district and city under Ho Chi Minh City shall direct the District Financial and Planning Office and the City Financial and Planning Office under Ho Chi Minh City to coordinate with tax authorities, the State Treasury, and related agencies to review and approve the settlement reports of subordinate agencies and units, and compile the settlement report of the district and city under Ho Chi Minh City's state budget.

a) The People's Committee of each ward under a district shall prepare the annual settlement report on revenue and expenditure of the ward's state budget, report it to the District Financial and Planning Office for review and consolidation, prepare the annual settlement report on revenue and expenditure of the district's state budget, and report it to the People's Committee of the district to send to the Department of Finance.

b) The People's Committee of each ward under a city under Ho Chi Minh City shall prepare the annual settlement report on revenue and expenditure of the ward's state budget, report it to the City Financial and Planning Office under Ho Chi Minh City for review and consolidation, prepare the annual settlement report on revenue and expenditure of the city under Ho Chi Minh City's state budget, report it to the People's Committee of the city under Ho Chi Minh City, and submit it to the same-level People's Council for approval.

The time for the People's Council of each city under Ho Chi Minh City and the same-level People's Committee to send the settlement report of the state budget to relevant agencies shall be specified by the People's Council of Ho Chi Minh City.

2. The Department of Finance of Ho Chi Minh City shall examine and consolidate the settlement reports of the state budgets of districts and cities under Ho Chi Minh City, report them to the People's Committee of Ho Chi Minh City, and submit them to the same-level People's Council for approval.

Chapter VII

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 38. National Defense Tasks

1. Within their duties and powers, the People's Committee of the City shall decide and organize the implementation of state management tasks on national defense at district and ward levels in accordance with the law and the following specific tasks:

a) Organize the implementation of national defense tasks in accordance with the law and specific national defense tasks assigned by competent authorities at district and ward levels.

b) Organize the implementation of building a people-based national defense foundation, a people-based national defense posture, combined with a people-based security foundation, a people-based security posture; build actual strength and potential for national defense; build a comprehensive and solid defensive area; build local people's armed forces; implement national defense and security education; select and call up citizens for military service, receive and create conditions to resolve employment issues for demobilized soldiers; coordinate with relevant agencies, organizations, and units of the people's armed forces in building a defensive area in accordance with the law.

c) Organize the implementation of construction, training, operation, and ensuring systems and policies for the reserve force, self-defense militia at the local level in accordance with the law.

d) Coordinate in building, managing, and protecting national defense works, military areas, economic-military zones within the territory; implement civil defense measures; military rear support policies; preferential policies for those who have contributed to the revolution; provide human resources, material resources, and financial support for the people's armed forces operating within the territory when performing urgent tasks, urgent defense tasks, and wartime tasks in accordance with the law.

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

2. The Chairman of the District and Ward shall propose and coordinate in implementing the tasks stipulated in Clause 1 of this Article assigned by the People's Committee and the Chairman of the People's Committee of Ho Chi Minh City.

Article 39. Security and Social Order Assurance Tasks

1. Within their duties and powers, the People's Committee of Ho Chi Minh City shall decide and organize the implementation of security and social order assurance tasks at district and ward levels in Ho Chi Minh City in accordance with the law and the following specific tasks:

a) Organize the implementation of tasks to protect national security and ensure social order and safety in accordance with the law and specific national security protection and social order and safety assurance tasks assigned by competent authorities.

b) Organize the implementation of building a people-based security foundation, a people-based security posture, combined with a strong people-based national defense foundation, a strong people-based national defense posture; participate in building the people's public security force, contributing to enhancing the potential for national security protection and ensuring social order and safety; implement national defense and security education in accordance with the law.

c) Direct the People's Committee of the District, City within Ho Chi Minh City, Ward to direct the Public Security Police of the District, City within Ho Chi Minh City, Ward to implement tasks to protect security and ensure social order and safety within the district, city within Ho Chi Minh City, ward; implement systems and policies for forces participating in security protection and order maintenance at the grassroots level; take the lead or coordinate in building, managing, and protecting important works related to national security within the district, city within Ho Chi Minh City, ward.

d) Direct the People's Committee of the District, City within Ho Chi Minh City, Ward to coordinate with the Vietnam Fatherland Front Committee of the District, City within Ho Chi Minh City, Ward and member organizations, relevant agencies, and organizations in implementing tasks to protect security and ensure social order and safety in the district, city within Ho Chi Minh City, ward.

e) Direct the People's Committee of the District, City within Ho Chi Minh City, Ward to comply with inspections, audits, complaints and grievances resolution, and law violation handling within the district, ward, city within Ho Chi Minh City; conduct mid-term and final reviews of the implementation of tasks to protect security and ensure social order and safety in the district, city within Ho Chi Minh City, ward.

2. The Chairman of the District, City within Ho Chi Minh City, Ward shall propose and implement the tasks stipulated in Clause 1 of this Article assigned by the People's Committee and the Chairman of the People's Committee of Ho Chi Minh City.

Article 40. Tasks for Preventing and Combating Violations of Law

Within their scope of duties and authority, the People's Committee of Ho Chi Minh City shall decide and 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 in accordance with the provisions of the law on administrative violation handling.

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

Chapter VIII

IMPLEMENTING PROVISIONS

Article 41. Effective Date

This Decree takes effect from the date of issuance.

Article 42. Transitional Provisions

1. From July 1, 2021, the Chairperson and Deputy Chairperson of the Ward People's Council, and civil servants at the ward level who were elected or recruited before July 1, 2021, shall be transferred to work as civil servants at the ward where they are currently working; in cases where they are transferred to a new position, the civil servant must meet the conditions and standards appropriate to that position.

The Civil Service Department shall review the files of civil servants at the ward level who are working at the Ward People's Council to report to the District Chairperson and the Chairperson of the People's Committee of the city under Ho Chi Minh City. After receiving the assessment opinion from the Civil Service Department, the District Chairperson and the Chairperson of the People's Committee of the city under Ho Chi Minh City shall issue a decision transferring civil servants at the ward level who are working at the Ward People's Council to become civil servants within the establishment of the District People's Committee and the People's Committee of the city under Ho Chi Minh City.

The appointment to rank and salary determination for civil servants working at the Ward People's Council shall be proposed by the District Chairperson and the Chairperson of the city under Ho Chi Minh City to the Civil Service Department for consideration and decision or to submit to the competent authority for consideration and decision in accordance with the law and the delegation of authority.

2. The time served as Chairperson and Deputy Chairperson of the District and Ward before July 1, 2021, shall be counted towards the time served as Chairperson and Deputy Chairperson of the District and Ward as stipulated in Clauses 1 and 2 of Article 32 of this Decree.

3. The People's Committee of Ho Chi Minh City shall be responsible for developing training and capacity-building plans for ward civil servants to meet the civil servant standards and job requirements.

Article 43. Arrangement, Reorganization, and Resolution of Policies and Benefits for Cadres, Civil Servants, and Public Officials Working in Districts and Thao Dien City

1. The People's Council and the People's Committee of Ho Chi Minh City shall direct the reorganization, arrangement, and resolution of policies and benefits for:

a) Chairpersons and Deputy Chairpersons of the District and Ward People's Councils;

b) Cases where individuals are currently Chairpersons and Deputy Chairpersons of the District and Ward People's Committees but are not appointed as Chairpersons and Deputy Chairpersons of the District and Ward when implementing Resolution No. 131/2020/QH14 and this Decree.

2. The number of leaders and managers and the establishment of civil servants and public officials of agencies, organizations, and units in Thao Dien City under Ho Chi Minh City shall be implemented in accordance with the provisions of Resolution No. 653/2019/UBTVQH14 dated March 12, 2019 of the Standing Committee of the National Assembly regarding the reorganization of administrative units at the district and commune levels during the period 2019-2021.

3. Cadres and civil servants at the commune level who are working at the Ward People's Council and are not transferred to become civil servants shall implement the resolution of policies and benefits in accordance with 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 the party committee, government, 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 criteria for re-election and reappointment to positions and titles during the term in the organs of the Communist Party of Vietnam, State, 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 provisions.

4. In addition to the policies and benefits stipulated in Clause 3 of this Article, based on the local budget balance, the People's Committee of Ho Chi Minh City shall propose the People's Council at the same level to promulgate support policies for cadres and civil servants at the ward level subject to the resolution of policies and benefits as stipulated in Clause 1 and Clause 3 of this Article.

Article 44. Implementation of the 2021 Budget for Districts and Cities under Ho Chi Minh City and Wards

1. On the division of revenue sources and expenditure responsibilities among budget levels

a) Revenue sources and expenditure responsibilities of the district budgets and wards under districts decided by the People's Council of Ho Chi Minh City shall continue to be implemented until the end of the 2021 fiscal year.

b) Revenue sources and expenditure responsibilities between the city-level budget of Ho Chi Minh City and the city-level budget of cities under Ho Chi Minh City and wards under those cities shall be decided by the People's Council of Ho Chi Minh City.

Revenue sources and expenditure responsibilities between the city-level budget of Ho Chi Minh City and the city-level budget of cities under Ho Chi Minh City and wards under those cities, once decided by the People's Council of the city, shall be implemented until the end of the 2021 fiscal year.

2. Organization of budget management for the 2021 budget units of districts and cities under Ho Chi Minh City, and wards:

a) For district and ward budgets under districts:

- From January 1 to June 30, 2021, based on the 2021 budget approved by the People's Council of the district or ward, the People's Committee of the district or ward shall manage the budget in accordance with the State Budget Law and guiding documents.

- From July 1, 2021, the People's Committee of the district or ward shall manage the budget within the remaining 2021 budget approved by the same-level People's Council. In the process of managing the budget, if adjustments to the budget are necessary, they may be made within the scope of tasks and authorities of the first-level budget unit; in cases exceeding authority, the People's Committee of the ward must report to the People's Committee of the district for consolidation, then report to the Department of Finance to report to the People's Committee of Ho Chi Minh City for submission to the Standing Committee of the People's Council of Ho Chi Minh City for consideration and decision, and report to the same-level People's Council at the nearest session.

b) For city and ward budgets under Ho Chi Minh City:

- For the city budget under Ho Chi Minh City, based on the 2021 budget approved by the People's Council of the city under Ho Chi Minh City, the People's Committee of the city under Ho Chi Minh City shall manage the budget in accordance with the State Budget Law and guiding documents.

- For wards under cities under Ho Chi Minh City:

From January 1 to June 30, 2021, based on the 2021 budget approved by the People's Council of the ward, the People's Committee of the ward shall manage the budget in accordance with the State Budget Law and guiding documents.

From July 1, 2021, the People's Committee of the ward shall manage the budget within the remaining 2021 budget approved by the same-level People's Council. In the process of managing the budget, if adjustments to the budget are necessary, they may be made within the scope of tasks and authorities of the first-level budget unit; in cases exceeding authority, the People's Committee of the ward must report to the People's Committee of the city under Ho Chi Minh City for submission to the Standing Committee of the People's Council of the city under Ho Chi Minh City for consideration and decision, and report to the same-level People's Council at the nearest session.

Based on the principles stipulated in Clause 2 of this Article, the People's Committee of Ho Chi Minh City shall guide districts, cities under Ho Chi Minh City, and wards in their implementation.

3. Settlement work for the 2021 budget of districts, cities under Ho Chi Minh City, and wards

a) At the end of the 2021 fiscal year, the People's Committee of Ho Chi Minh City shall guide the People's Committees of districts, cities under Ho Chi Minh City, and wards in performing settlement work, including: Closing accounting books; inventorying assets; determining unpaid debts; preparing financial statements; preparing handover certificates; transferring and receiving accounting documents and data in accordance with regulations.

b) Transfer surplus funds from district and ward budgets; salary reform funds from district and ward budgets, and other required transfers to the management of the Ho Chi Minh City budget in accordance with regulations. Specifically, for wards under cities under Ho Chi Minh City, the transfer of the contents specified herein shall be made to the city budget under Ho Chi Minh City.

Article 45. Responsibility for Implementation

1. The Ministry of Home Affairs shall be responsible for guiding, inspecting, and supervising the implementation of urban administration organization in Ho Chi Minh City as prescribed in Resolution No. 131/2020/QH14 and this Decree.

2. The People's Councils and People's Committees of Ho Chi Minh City shall be responsible for implementing this Decree within their respective duties and powers. The People's Committee of Ho Chi Minh City shall issue a model regulation on operations for the People's Committees of districts and towns under Ho Chi Minh City and wards.

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