Decree No. 34/2021/NĐ-CP provides detailed regulations and implementation measures for Resolution No. 119/2020/QH14 dated June 19, 2020 of the National Assembly on piloting the urban administration model and some special mechanisms and policies for the development of Da Nang City.

DECREE

These regulations provide detailed provisions and implementation measures for Resolution No. 119/2020/QH14 dated June 19, 2020 of the National Assembly on piloting the urban administration model and certain special mechanisms and policies for the development of Da Nang 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. 119/2020/QH14 dated June 19, 2020 of the National Assembly on piloting the organization of urban administration models and certain special mechanisms and policies for the development of Da Nang City;

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

The Government issues this Decree providing detailed provisions and implementation measures for Resolution No. 119/2020/QH14 dated June 19, 2020 of the National Assembly on piloting the urban administration model and certain special mechanisms and policies for the development of Da Nang City.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides detailed provisions and implementation measures for Resolution No. 119/2020/QH14 dated June 19, 2020 of the National Assembly on piloting the urban administration model and certain special mechanisms and policies for the development of Da Nang City.

Article 2. Applicability

This Decree applies to:

1. People's Council and People's Committee of Da Nang City.

2. People's Committee of districts and island districts under Da Nang City.

3. People's Committee of wards under districts in Da Nang City.

4. Agencies, organizations, and individuals related to the matter.

Article 3. Provisions on civil servant management

1. Civil servants of the People's Committee of wards are part of the civil servant establishment of the People's Committee of districts under Da Nang City and are managed and utilized by the People's Committee of districts under Da Nang City.

2. The Chairman of the People's Committee of Da Nang City decides on the appointment, reappointment, dismissal, transfer, rotation, secondment, commendation, disciplinary action, and temporary suspension from duty of the Chairmen of the People's Committees of districts (hereinafter referred to as District Chairmen), Deputy Chairmen of the People's Committees of districts (hereinafter referred to as Deputy District Chairmen), and delegates the authority of the District Chairman in accordance with the law.

3. The District Chairman of Da Nang City decides on the appointment, reappointment, dismissal, transfer, rotation, secondment, commendation, disciplinary action, and temporary suspension from duty of the Chairmen of the People's Committees of wards (hereinafter referred to as Ward Chairmen), Deputy Chairmen of the People's Committees of wards (hereinafter referred to as Deputy Ward Chairmen), heads and deputy heads of specialized agencies under the People's Committee of districts, and delegates the authority of the Ward Chairman in accordance with the law.

4. The People's Committee of Da Nang City and the District Chairman implement the recruitment, utilization, and management of civil servants working at the People's Committees of districts and wards in accordance with the law on authority and decentralization.

5. The Department of Home Affairs of Da Nang City, within its assigned functions and tasks, is responsible for guiding, inspecting, and auditing the recruitment, utilization, and management of civil servants working at the People's Committees of districts and wards.

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

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

Article 5. Regulations on non-professional staff.

Based on specific circumstances, practical requirements, and the city budget, the People's Committee of Da Nang 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 residential wards in accordance with the law.

Chapter II

ORGANIZATION AND OPERATIONS OF THE PEOPLE'S COMMITTEES OF DISTRICTS AND RESPONSIBILITY REGIME OF DISTRICT CHAIRMEN

Article 6. 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 District Military Command;

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 Da Nang City shall base on the provisions of Government Decree No. 37/2014/ND-CP dated May 5, 2014, which stipulates the organization of specialized agencies under the People's Committees of districts, towns, and provincial cities, and Government Decree No. 108/2020/ND-CP dated September 14, 2020, which amends and supplements certain articles of Government Decree No. 37/2014/ND-CP to specifically define the names and number of specialized agencies under the District People's Committee appropriately. Notably, the Office of the District People's Council and District People's Committee shall be referred to as 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 specialized laws.

4. The establishment of public service units under the District People's Committee shall be implemented in accordance with the laws on the establishment, reorganization, and dissolution of public service units and according to the provisions of the relevant legal documents.

Article 7. Principles of Operation of the District People's Committee

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

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 authorities assigned.

3. Deputy Chairmen of the district assist the Chairman in handling tasks assigned by the Chairman, and are responsible before the Chairman and the law for the tasks assigned. In the absence of the Chairman, one Deputy Chairman may be authorized in writing by the Chairman to 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 Da Nang City shall decide to entrust the authority of the Chairman of the district to one 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 9 of Article 5 of Resolution No. 119/2020/QH14 must be discussed collectively before the Chairman decides and takes responsibility for his decisions. Civil servants work according to the working regulations, ensuring the principle of democratic centralism and complying with the provisions of the law.

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

5. The activities of the District People's Committee aim to meet the satisfaction of citizens, follow procedures and formalities, within the assigned 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, and 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 may authorize Deputy Chairmen, heads of specialized agencies under the District People's Committee, and Ward Chairmen to resolve one or more tasks within the authority of the District People's Committee.

Article 8. Organization of meetings of the District People's Committee

1. The organization of meetings of the District People's Committee shall be carried out according to 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 Da Nang 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 published on the electronic portal of the District People's Committee (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 provide timely and public information to agencies, organizations, and citizens.

Article 9. Organization of dialogues between the District Chairman and the people

1. Annually, before the regular session of the People's Council of Da Nang City, the District Chairman is responsible for organizing a dialogue meeting with the people in the district regarding the activities of the District People's Committee and wards, 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 or residential group. The District People's Committee must announce on mass media and the Ward People's Committees so that the Ward People's Committees can inform community groups and residential groups about the time, location, 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 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 People's Committee of Da Nang City, and the Head of the Delegation of the People's Council of Da Nang City in the district at least seven days before the opening of the nearest regular session of the People's Council of Da Nang City.

Article 10. 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 People's Committee of Da Nang City for the performance of the duties and powers of the District People's Committee.

b) Being responsible for managing civil servants and officials of the district and wards in accordance with 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 11. Work relations between the People's Committee of the district and the People's Committee, Chairman of the People's Committee of Da Nang City

1. The District Chairman shall be under the leadership and direct guidance of the People's Committee, Chairman of the People's Committee of Da Nang 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 Da Nang City; implement the reporting system with the People's Committee, Chairman of the People's Committee of Da Nang City according to regulations.

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 Da Nang City and specialized agencies under the People's Committee of Da Nang City in performing tasks.

Article 12. Work relations between the People's Committee of the district and the District Party Committee, the Vietnam Fatherland Front Committee and political-social organizations at the district level

Implement 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 shall be under the leadership of the District Party Committee and report to the District Party Committee on the implementation of tasks assigned by the People's Committee, Chairman of the People's Committee of Da Nang City.

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

Article 13. Procedures and formalities for issuing regulatory legal documents by the People's Committee of the 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 assigned by the District Chairman and directly directed by specialized agencies under the People's Committee of the district to draft. 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 related agencies and organizations, and directly affected subjects. Related 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, the agency collecting opinions is responsible for identifying issues requiring opinions and ensuring at least seven days from the date of organizing the collection of opinions for affected 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: Proposal and draft decision; summary of opinions on the draft decision; other documents (if any);

c) The content and review report are implemented according to Articles 3, 4, and 5 of Clause 3, Article 121 of the Law on Issuing Regulatory Legal Documents and Clause 36, Article 1 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, 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, 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 Legal Department's review report.

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 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.

Article 14. Handling the petition of the People's Council of Da Nang City regarding the results of the trust vote for the District Chairperson

Based on the results of the trust vote and the petition of the People's Council of Da Nang City concerning the District Chairperson, after reaching consensus with the competent authority, the Chairperson of the People's Committee of Da Nang City shall decide to transfer or reassign the work of the District Chairperson.

Chapter III

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

Article 15. 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) The Head of the Military Command Post of the Ward;

đ) Civil Servants: Office - Statistics; Land Administration - 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 16. Principles of operation of the People's Committee and Ward Chairperson

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

2. The Ward Chairperson must discuss collectively about the tasks and powers of the People's Committee of Ward stipulated at points b, c, and e Clause 1 Article 7 Resolution No. 119/2020/NQ-CP before making decisions and bear responsibility for such decisions.

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

3. The Ward Chairperson may authorize the civil servant holding the position of Justice - Household Registration to sign and stamp the People's Committee of Ward for certifying copies from original documents issued or certified by competent authorities in Vietnam; certifying signatures on documents in accordance with legal provisions.

The authorized civil servant in Justice - Household Registration must have at least three years of experience working in the field of Justice - 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, the District Chairperson shall issue a Decision delegating the duties of the Ward Chairperson to a Deputy Ward Chairperson until a new Ward Chairperson is appointed.

6. The operations of the People's Committee of Ward aim to satisfy citizens' satisfaction, comply with procedures and formalities, within the delegated authority, in accordance with legal provisions and the working regulations of the People's Committee of Ward.

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

Article 17. Organization of meetings of the People's Committee of Ward

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

2. When the meeting agenda involves issues related to the Party Secretary, the Chairman of the Vietnam Fatherland Front of the Ward, the heads of political and social organizations of the Ward, the Branch Secretary, the Group Leader, and representatives of specialized agencies under the People's Committee of District, they shall be invited to participate in regular meetings and other meetings of the People's Committee of Ward.

3. Conclusions of meetings related to citizens must be published on the website of the People's Committee of Ward (excluding information classified as state secrets) in accordance with legal provisions and the working regulations of the People's Committee of Ward to provide timely and open information to relevant agencies, organizations, and the public.

Article 18. Organizing dialogue meetings between the Chairman of the Ward and the People

1. Annually, before the regular session of the People's Council of Da Nang City, the Chairman of the Ward shall be responsible for organizing dialogue meetings with the people in the ward regarding the operation of the Ward People's Committee, issues related to the rights and aspirations of citizens in the locality. In cases where the population size requires it, dialogues may be organized through representatives of residential groups. The Ward People's Committee must announce on mass media and inform the Group Leaders of residential groups about the time, location, 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 and the people must be sent to the Standing Body of the People's Council, the People's Committee, the Chairman of the People's Committee of Da Nang City, the Group Leader of the People's Council Deputies of Da Nang City in the district, the District People's Committee, and the District Chairman.

Article 19. Responsibilities of the Chairman of the Ward

1. The Chairman of the Ward is the head of the Ward People's Committee, accountable under the law and to the District Chairman for all activities of the Ward People's Committee.

2. Directly utilize and manage civil servants of the ward according to this Decree and according to the delegation of authority from the People's Committee, the Chairman of the People's Committee of Da Nang City, and the District People's Committee, District Chairman.

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 20. Responsibilities of Deputy Chairmen 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 21. Responsibilities of other civil servants of the Ward People's Committee

1. Accountable to the Chairman of the Ward and the Deputy Chairman of the Ward in charge in performing state management tasks in specialized fields assigned by the Chairman of the Ward in accordance with the provisions of the law.

2. Proactively advise and propose solutions to assigned tasks in compliance with the prescribed deadlines, results, and authority; diligently serve the people without causing difficulties or inconvenience. If the issue exceeds their authority, they must report to the Chairman of the Ward or the Deputy Chairman of the Ward in charge for review 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; perform tasks within their responsibilities and duties, ensuring progress and quality.

4. Not transfer work within their responsibility to another civil servant without the approval of the competent authority; not arbitrarily handle tasks within the responsibility of another civil servant. In cases where the content involves another civil servant and there are differing opinions, they must report to the Chairman of the Ward for review and decision.

5. The Civil Servant of Justice - Household Registration is accountable to the Chairman of the Ward and the law for implementing the delegated content under Clause 3, Article 16 of this Decree, and may not delegate further to another individual.

6. Responsible for establishing, preserving, and archiving relevant files and documents related to professional work; promptly and accurately report the situation of the assigned field of work to the Chairman and Deputy Chairman of the Ward in charge as required.

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 22. Work relations between the People's Committee of the ward and the Ward Chairman with the District People's Committee and the District Chairman

1. The Ward Chairman is subject to the leadership and direct guidance of the District Chairman. When encountering issues exceeding their authority, the Ward Chairman must report and seek instructions from the District Chairman; implement the reporting system with the District Chairman as prescribed.

2. The People's Committee of the ward shall comply with inspection, maintain close ties, and follow the professional guidance of specialized agencies under the District People's Committee in performing tasks within the ward.

Article 23. Work relations between the People's Committee of the ward and the Ward Chairman with the Party Committee of the ward

The People's Committee and the Ward Chairman are subject to the leadership of the Party Committee of the ward in implementing tasks assigned by the Municipal People's Council, the People's Committee of Da Nang City, the District People's Committee, and other tasks as prescribed by law.

Article 24. Work relations between the People's Committee of the ward and the Ward Chairman with the Vietnam Fatherland Front and political-social organizations in the ward

The People's Committee and the Ward Chairman shall closely cooperate with the Vietnam Fatherland Front and political-social organizations in the ward in carrying out tasks, caring for people's lives, and protecting people's interests; create conditions for these organizations to operate effectively; regularly inform monthly or when necessary about the development situation of the local economy and society and activities of the People's Committee of the ward so that these organizations can be informed and coordinate, mobilize, organize, and ensure that the people comply with the policies and laws of the State.

Article 25. Work relations between the Ward Chairman and residential area associations

1. The Ward Chairman must promptly convey the policies and directives of the Party and the State, and the operational guidelines of higher state agencies and the People's Committee of the ward to residential area associations for implementation; inspect the implementation of the Party's policies and State laws on the territory; promote the people's right to self-governance, properly implement regulations on democracy at the ward level, and the autonomous activities of residential area associations.

2. The Ward Chairman assigns civil servants of the ward to be responsible, guide, and monitor situations in residential area associations. Monthly, civil servants assigned to work with the heads of residential area associations in their respective areas or directly participate in association meetings to hear reports on the situation, suggestions, and resolve complaints of the people according to the law.

Chapter IV

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

Article 26. Civil servant staffing of the ward

1. The average number of civil servants working at the People's Committee of the ward is 15 persons, this average is calculated based on the total number of wards in a district.

2. The People's Committee of Da Nang City shall submit to the same-level People's Council for decision on the number of civil servant positions of the People's Committee of the ward in each district.

3. Based on Clauses 1 and 2 of this Article and the specific requirements of each ward, the District People's Committee shall decide specifically on the number of civil servants for each position in the People's Committee of the ward.

Article 27. Recruitment, employment, and management of civil servants and public officials working at District People's Committees and Ward People's Committees

1. The People's Committee of Da Nang City or the Chairman of the People's Committee of Da Nang City shall implement or delegate authority to the District Chairmen to carry out recruitment, employment, and management of civil servants and public officials working at District and Ward People's Committees.

2. Recruitment, employment, and management of civil servants and public officials working at District and Ward People's Committees shall be carried out in accordance with the provisions of the Civil Servants Law and the Government's regulations on recruitment, employment, and management of civil servants.

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

3. Based on the number of civil servant positions and the recruitment needs at District and Ward People's Committees, the District Chairman shall develop a recruitment plan and submit it to the Department of Home Affairs for approval before implementation (in cases where the People's Committee of Da Nang City or the Chairman of the People's Committee of Da Nang City has delegated authority).

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 competent authorities to implement training, retraining, planning, salary adjustment, quality assessment, commendation, and disciplinary actions in accordance with the regulations;

d) Carry out statistical reporting to competent authorities regarding the situation of the civil servant workforce in accordance with the regulations;

đ) Implement other contents in accordance with the delegation of authority from the People's Committee or the Chairman of the People's Committee of Da Nang City, or the District People's Committee.

Article 28. Procedures for Appointment, Reappointment, Transfer, Rotation, Detachment, Removal, and Resignation of Leadership Positions of District and Ward People's Committees

The procedures and formalities for the appointment, reappointment, transfer, rotation, detachment, removal, and resignation of the Chairmen, Deputy Chairmen of Districts and Wards, and other leadership 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, employment, and management of civil servants.

Article 29. Term of Appointment for Leadership Positions in Districts and Wards

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

2. Chairmen and Deputy Chairmen of Districts and Wards shall not hold the same position continuously for more than ten years in the same administrative unit.

3. When the term of appointment expires, the competent authority must conduct a review and reappointment or extension of the term of service for Chairmen and Deputy Chairmen of Districts and Wards, except in cases where the law provides otherwise.

4. In the event that the National Assembly passes a Resolution terminating the pilot program, the use, management, and resolution of policies for Chairmen, Deputy Chairmen of Districts and Wards, and other civil servants in the pilot area shall be implemented according to the regulations and guidance of the competent authority.

Article 30. Commendations and Disciplinary Actions for Civil Servants Working at District and Ward People's Committees

The procedures, formalities, and authority for commendations and disciplinary actions for civil servants working at District and Ward People's Committees shall be carried out in accordance with the provisions of the Civil Servants Law, the Law on Encouragement and Rewards, and the implementing guidelines.

Chapter V

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 31. National Defense Tasks

1. Within their duties and powers, the People's Committee of Da Nang City shall 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 the people's national defense foundation, the people's national defense posture linked to the people's security foundation, the people's security posture; building actual strength and potential for national defense; building 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 job placement for demobilized soldiers; coordinating with relevant people's armed forces agencies, organizations, and units in building 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) Coordinate in building, managing, and protecting national defense works, military areas, economic-defense zones within the territory; implementing civil defense measures; military rear support policies; preferential policies for those who have contributed to the revolution; providing human resources, material resources, and financial support for people's armed forces operating within the territory during emergency situations, emergency situations regarding national defense, and war as prescribed by law;

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

2. The Chairman of the District and Ward shall base on the specific situation and tasks of the locality to advise and propose policies, measures, and combat plans to effectively implement the assigned tasks as stipulated in Clause 1 of this Article.

Article 32. Security and Social Order Assurance Tasks

1. Within their duties and powers, the People's Committee of Da Nang City shall organize the implementation of security and social order assurance tasks at district and ward levels 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 assurance tasks assigned by competent authorities;

b) Organize the implementation of building the people's security foundation, the people's security posture linked to the strong people's national defense foundation, the people's national defense posture; participate in building the people's public security force, contributing to enhancing the potential for protecting national security 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 and Ward to instruct the Public Security Police Station to carry out tasks to protect security and ensure social order and safety within the district and 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 and ward;

d) Direct the People's Committee of the District and Ward to coordinate with the Vietnam Fatherland Front Committee of the District and Ward and member organizations, relevant agencies, and organizations in carrying out security protection and social order assurance tasks at the district and ward levels;

e) Direct the People's Committee of the District and Ward to comply with inspections, audits, complaints and grievances resolution, and law violation handling within the district and ward; conduct mid-term and final reviews of the implementation of security protection and social order assurance tasks at the district and ward levels.

2. The Chairman of the District and Ward shall propose and coordinate in implementing the tasks prescribed in Clause 1 of this Article assigned by the People's Committee of Da Nang City and the Chairman of the People's Committee of Da Nang City.

Article 33. Tasks for Preventing and Combating Violations of Law

Within their respective duties and powers, the People's Committee of Da Nang City 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 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 VI

ESTABLISHING, IMPLEMENTING AND SETTLING THE DISTRICT AND WARD BUDGETS

Article 34. Establishing the District and Ward Budgets

1. The People's Committee of Da Nang City shall submit to the People's Council at the same level for decision the principles, criteria, and allocation standards for the local budget; the division of revenue sources and expenditure responsibilities for each level of budget within the locality (for the city-level budget and district, commune, and town budgets); provide detailed guidance on requirements, contents, materials for building, establishing, adjusting the district and ward budgets to ensure compliance with the requirements, contents, and timeframes for establishing the local budget as stipulated in the State Budget Law.

2. The People's Committee of the district is the first-level budget entity assigned by the People's Committee of Da Nang City to establish the budget for revenue and expenditure, including the budget for revenue and expenditure of subordinate budget entities and the budget for revenue and expenditure of the People's Committees of wards and districts implementing the duties and powers of budget entities directly under the People's Committee of Da Nang City; the People's Committee of the ward implements the duties and powers of budget entities directly under the People's Committee of the district in accordance with Article 32 of the State Budget Law and guiding documents for the State Budget Law.

3. Annually, the People's Committee of the ward establishes the budget for revenue and expenditure assigned, sends it to the District Finance and Planning Office for review and consolidation together with the district budget to be submitted to the People's Committee of the district. The People's Committee of the district establishes the budget for revenue and expenditure, detailing investment development expenditures and regular expenditures by sector, agency, and unit using the budget directly under the district and each ward, sends it to the Department of Finance and the Department of Planning and Investment for review and consolidation to report to the People's Committee of Da Nang City for submission to the People's Council of Da Nang City for decision.

No later than five working days from the date the People's Council of Da Nang City decides on the budget, the People's Committee of Da Nang City assigns the next year's budget to the People's Committee of the district. Before December 31 each year, the People's Committee of the district must complete the assignment of the next year's budget to the People's Committee of the ward.

Article 35. Implementing the District and Ward Budgets

1. Based on the Resolution of the People's Council of Da Nang City and the decision assigning the budget by the People's Committee of Da Nang City, the People's Committee of the district shall implement the allocation and assignment of the budget to each agency and unit using the budget directly under the district and each ward, send it to the Department of Finance, and simultaneously send it to the State Treasury where transactions are conducted for implementation. The allocation and assignment of the budget must comply with the deadlines and requirements stipulated in Articles 49 and 50 of the State Budget Law and guiding documents for the implementation of the State Budget Law.

2. The People's Committee of the district and the People's Committee of the ward shall organize the implementation of the assigned budget for revenue and expenditure; pay all amounts due to the budget according to the law in full and on time; spend according to regulations, policies, purposes, and objects, in accordance with the progress of implementation and within the scope of the assigned budget.

3. The People's Committee of the district and the People's Committee of the ward are responsible for managing and using the budget according to the assigned budget, evaluating the results of the tasks performed, ensuring efficiency, thrift, compliance with policies, regulations, standards, and budget expenditure quotas.

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

Article 36. Settlement of State Budget

1. Annually, the People's Committee of Da Nang City and the People's Committee of districts shall direct the Financial and Planning Office of the district to coordinate with tax authorities, State Treasury, and relevant departments to examine and approve the settlement of state budget for subordinate agencies and units, and to compile the settlement report of the district state budget.

The People's Committee of wards shall prepare the annual settlement report on revenue and expenditure of the ward state budget to be submitted to the Financial and Planning Office of the district for examination and compilation, and to prepare the settlement report on revenue and expenditure of the district state budget to be reported to the People's Committee of the district for submission to the Department of Finance for verification and compilation of the settlement report of the state budget to be reported to the People's Committee of Da Nang City for approval by the People's Council of Da Nang City.

2. The People's Committee of districts and wards shall submit the settlement reports on revenue and expenditure of the state budget to relevant agencies in accordance with the time frame and forms prescribed by the State Budget Law and guiding documents for the implementation of the State Budget Law.

Chapter VII

IMPLEMENTING PROVISIONS

Article 37. Effective Date

This Decree takes effect from the date of issuance.

Article 38. Transitional Provisions

1. From July 1, 2021, the Chairperson, Deputy Chairperson of wards, and civil servants at the commune level who were elected or recruited before July 1, 2021, shall be transferred to work as civil servants in the ward where they are currently working; in case they are transferred to a new position, the civil servant must meet the conditions and standards suitable for that position.

The Civil Service Affairs Office shall review the files of civil servants at the commune level working at the People's Committee of the ward and report to the Chairman of the district. After receiving the opinion of the Department of Civil Service Affairs, the Chairman of the district shall issue a decision transferring civil servants at the commune level working at the People's Committee of the ward to become civil servants under the establishment of the People's Committee of the district.

The appointment to rank and salary determination for civil servants working at the People's Committee of the ward shall be proposed by the Chairman of the district in writing to the Department of Civil Service Affairs for consideration and decision, or to the competent authority for consideration and decision in accordance with the provisions of the law.

2. The term of office of the Chairperson of the People's Committee of districts and wards prior to July 1, 2021, shall be counted towards the term of office of the Chairperson of the People's Committee of districts and wards as stipulated in Clause 2, Article 29 of this Decree.

3. The People's Committee of Da Nang 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 39. Arrangement, Adjustment, and Resolution of Policies and Benefits for Chairpersons, Deputy Chairpersons of the People's Councils and People's Committees of Districts and Wards, and Professional Civil Servants in Wards

1. The People's Council and People's Committee of Da Nang City shall direct the arrangement, adjustment, and resolution of policies and benefits for:

a) Chairpersons and Deputy Chairpersons of the People's Councils of districts and wards;

b) Cases where individuals are currently serving as Chairpersons or Deputy Chairpersons of the People's Committee of wards but are not appointed as Chairpersons or Deputy Chairpersons of wards upon implementation of Resolution 119/2020/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 resolution of policies and benefits 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 re-election to the Party Committee, government bodies, Vietnam Fatherland Front, and political-social organizations at all levels; Government Decree No. 26/2015/NĐ-CP dated March 9, 2015 on policies and benefits for cadres who do not meet the age criteria for re-election or re-appointment to positions during their term in the organs of the Communist Party of Vietnam, State, and political-social organizations; Government Decree No. 108/2014/NĐ-CP dated November 20, 2014 on policies for streamlining the establishment; Government Decree No. 113/2018/NĐ-CP dated August 31, 2018 amending and supplementing certain articles of Government Decree No. 108/2014/NĐ-CP and Government Decree No. 113/2018/NĐ-CP; Government Decree No. 143/2020/NĐ-CP dated December 10, 2020 amending and supplementing certain articles of Government Decree No. 108/2014/NĐ-CP and Government Decree No. 113/2018/NĐ-CP; Government Decree No. 46/2010/NĐ-CP dated April 27, 2010 on termination of employment and retirement procedures for civil servants, and other related provisions.

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 Da Nang City shall propose to the same-level People's Council to promulgate support policies for cadres and civil servants in wards subject to the policies and benefits stipulated in Clauses 1 and 2 of this Article.

Article 40. Implementation of the 2021 District and Ward Budget Estimate

1. On the allocation of revenue sources and expenditure responsibilities for the district and ward budgets

The People's Committee of Da Nang City shall submit to the People's Council of Da Nang City for decision on amending and supplementing the allocation of revenue sources and expenditure responsibilities between levels of budget at the local level (for city-level budget and district, commune, town-level budgets) and the district and ward-level budgets from July 1, 2021, in accordance with the new urban administration model of the city.

2. Organization of managing the budget estimate of the district and ward budget units

a) Based on the report of the People's Committee of the ward, the People's Committee of the district shall compile the results of revenue and expenditure from January 1, 2021 to June 30, 2021, and submit it to the Department of Finance for reporting to the People's Committee of Da Nang City to request the Standing Committee of the People's Council of Da Nang City to decide on adjusting the 2021 district and ward budget estimates and report to the People's Council of Da Nang City at the nearest session;

b) The People's Committee of Da Nang City must complete the allocation of the budget estimate to each People's Committee of the district no later than July 31, 2021. In cases where the People's Committee of Da Nang City has not allocated the budget estimate, the People's Committee of the district may temporarily allocate funds for expenditures according to Article 51 of the State Budget Law.

3. Settlement of the district and ward budgets from January 1, 2021 to June 30, 2021

a) The People's Committee of Da Nang City shall guide the People's Committees of the district and ward to perform accounting work, including: Closing the accounting books by June 30, 2021; inventorying assets; determining unpaid debts; preparing financial statements; preparing handover records; transferring, receiving accounting documents and data; transferring surplus ward budgets and salary reform funds to the district budget management in accordance with the provisions on consolidation and merger under Articles 45 and 46 of the Accounting Law.

b) Transfer the surplus district and ward budgets; salary reform funds of the district and ward budgets to the city budget management in accordance with the provisions on consolidation and merger under Articles 45 and 46 of the Accounting Law;

c) The People's Committee of the ward shall prepare the settlement report on state budget revenue and ward budget expenditure for the first six months of 2021, submit it to the District Finance and Planning Office for review and consolidation, then the People's Committee of the district shall prepare the settlement report on state budget revenue and district budget expenditure for the first six months of 2021, including the ward budget, submit it to the Department of Finance for review and consolidation, and report to the People's Committee of Da Nang City for consideration and report to the People's Council at the nearest session.

Article 41. 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 Da Nang City as stipulated in Resolution No. 119/2020/QH14 and this Decree;

b) Take the lead and coordinate with the People's Committee of Da Nang City to submit to the Government for reporting to the Standing Committee of the National Assembly and the National Assembly for preliminary review of the implementation of the pilot organization of the urban administration model in Da Nang City.

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

a) Issuing a model regulation on the operation of the People's Committee of the district and ward;

b) Guiding the procedures for transferring civil servants working at the People's Committee of the ward to become civil servants under the establishment of the People's Committee of the district as stipulated in Clause 1, Article 38 of this Decree;

c) Guiding the People's Committees of the district and ward to implement financial and budget regulations when piloting the organization of the urban administration model;

d) Reporting to the Ministry of Home Affairs for the Government to consider and decide on issues arising during the pilot implementation of the urban administration model in Da Nang City.

3. Ministers, Heads of ministerial-level agencies, Heads of governmental agencies, Chairman of the People's Committee of Da Nang City, and related agencies, organizations, and individuals are responsible for enforcing this Decree.