Resolution No. 97/2019/QH14 on Pilot Implementation of Urban Administration Model in Hanoi City

RESOLUTION

TRIAL ORGANIZATION OF URBAN ADMINISTRATIVE MODEL IN HANOI CITY

OF THE NATIONAL ASSEMBLY

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

Based on the Law on Legislative Regulatory Acts No. 80/2015/QH13;

RESOLUTION:

Article 1. Trial organization of urban administrative model in Hanoi City

1. The urban administrative model in Hanoi City shall be organized as follows:

a) Local administrative authority at the city level, district level, town level, commune level, and townlet level in Hanoi City consists of the People's Council and the People's Committee;

b) Local administrative authority at the ward level within districts and towns in Hanoi City is the Ward People's Committee.

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

2. The trial organization of the urban administrative model in Hanoi City shall be implemented from July 1, 2021 until the National Assembly decides to terminate the trial.

Article 2. Tasks and Powers of the District/Town People's Council

The District/Town People's Council performs tasks and powers as stipulated in the Law on Organization of Local Administrative Authorities, other relevant laws, and the following tasks and powers:

1. Deciding, allocating, and adjusting the budget revenue and expenditure forecast; approving the final accounts of budget revenue and expenditure for the district/town, including the budgets of affiliated wards, in accordance with the State Budget Law;

2. Deciding investment policies for programs and projects in group B and group C using public investment funds in affiliated wards as prescribed in the Public Investment Law; Approving the establishment, dissolution, merger, division, and adjustment of territorial boundaries of affiliated wards under the district/town;

3. Supervising compliance with the Constitution and laws and the implementation of resolutions of the People's Councils at the ward level; supervising the activities of the ward People's Committees and the ward Chairmen.

4. Supervise the compliance with the Constitution, laws, and the implementation of resolutions of the People's Council at the ward level; supervise the activities of the people and the Chairman of the People's Committee of the ward. of the National Assembly; the people, Chairman of the People's Committee of the ward.

Article 3. Tasks and Powers of the District/Town People's Committee

The District/Town People's Committee performs tasks and powers as stipulated in the Law on Organization of Local Administrative Authorities, other relevant laws, and the following tasks and powers:

1. Drafting and submitting to the same-level People's Council for decision-making on the contents specified in Clause 1 and Clause 2 of Article 2 of this Resolution and organizing the implementation of the People's Council's resolutions.

Based on the resolution of the same-level People's Council, deciding and adjusting the budget revenue and expenditure tasks for affiliated wards, deciding policies and measures to implement the budget;

2. Deciding and implementing tasks related to national defense, security, measures to ensure social order and safety, combating and preventing crime and other violations of law in affiliated wards.

Article 4. Duties and powers of the Chairman of the People's Committee of the district or town.

Article 4. Tasks and Powers of the Chairman of the District/Town People's Committee

The Chairman of the District/Town People's Committee performs tasks and powers as stipulated in the Law on Organization of Local Administrative Authorities, other relevant laws, and the following tasks and powers:

1. Appointing, dismissing, transferring, rotating, rewarding, and disciplining the Chairmen and Deputy Chairmen of the Ward People's Committees;

2. Recruiting, utilizing, managing, rewarding, and disciplining ward civil servants;

Article 5. Duties and powers of the People's Committee of the Ward

1. The People's Committee of the Ward has the following tasks and powers:

a) Perform the duties and powers of a budgetary unit subordinate to the District or Town People's Committee in accordance with the State Budget Law;

b) Propose investment policies for public investment programs and projects using state budget funds to the District or Town People's Committee; participate in providing opinions on investment policies for projects within the decision-making authority of competent agencies or individuals as prescribed by the Public Investment Law, which require participation of the People's Council at the commune level; organize the implementation of public investment programs and projects according to the management hierarchy;

c) Propose and coordinate with competent agencies to perform tasks related to national defense, security, measures to ensure social order and safety, struggle against crime prevention, and other violations of law within the management hierarchy;

d) Coordinate with the Vietnam Fatherland Front Committee to establish election committees for National Assembly deputies and People's Council deputies; organize the implementation of elections for National Assembly deputies and People's Council deputies in accordance with the law;

đ) Implement tasks and powers delegated and authorized by the People's Committee of the City of Hanoi, Districts, and Towns;

a) Individual identification number at the time of birth registration performed on the shared electronic household registration management software;implement tasks related to organizing and ensuring the enforcement of the Constitution, laws, and documents of higher-level state agencies within the ward area and other tasks and powers of the People's Committee and the Chairman of the People's Committee of the ward as prescribed by law, except for the provisions of Clause 2, Article 36 and Article 63 of the Law on Organization of Local Administration;

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

Article 6. Organizational structure and working regulations of the People's Committee of the Ward

1. The People's Committee of the Ward consists of the Chairman, Deputy Chairmen, and other civil servants of the Ward. The People's Committee of Class I and Class II Wards shall have no more than two Deputy Chairmen; a Class III Ward shall have one Deputy Chairman of the People's Committee.

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

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

3. The Chairman of the People's Committee of the Ward is the head of the People's Committee of the Ward, accountable to the People's Council, the People's Committee, the Chairman of the District or Town People's Committee, and the law for the performance of the duties and powers of the People's Committee of the Ward; directly manage and utilize civil servants of the Ward in accordance with the regulations of the Government and the delegation and authorization of the People's Committee of the City of Hanoi, Districts, and Towns; sign documents of the People's Committee of the Ward.

4. The Deputy Chairmen of the People's Committee of the Ward assist the Chairman of the People's Committee of the Ward in performing tasks assigned by the Chairman of the People's Committee and are accountable to the Chairman of the People's Committee for the tasks assigned. In the absence of the Chairman of the People's Committee, a Deputy Chairman appointed by the Chairman may act on behalf of the Chairman to manage and resolve matters of the People's Committee of the Ward.

Article 7. Implementation Organization

1. The People's Council and the People's Committee of the City of Hanoi, within their respective duties and powers, shall be responsible for the following:

a) Issuing regulations to organize the pilot implementation of urban administrative models in the City of Hanoi in accordance with this Resolution and the guidance of the Government; implementing specific delegation and authorization to local authorities at the District and Town levels in accordance with urban management organization and practical capabilities of each locality;

b) Organizing the restructuring of agencies, organizations, and the cadre and civil servant workforce of the Ward in accordance with the regulations of competent authorities; resolving policy issues for surplus cadres and civil servants and non-professional staff at the Ward level when implementing the pilot program in accordance with the law;

c) Summarizing and concluding the implementation of the pilot program for the organization of urban administrative models in the City of Hanoi as required by competent state authorities.

2. The Government, within its respective functions and powers, shall have the following responsibilities:

a) Directing and guiding the implementation of the pilot program for the organization of urban administrative models in the City of Hanoi as stipulated in this Resolution;

b) Specifying the organization, operation, and responsibility system of the People's Committee and the Chairman of the People's Committee of the Ward;

c) Specifying the recruitment, utilization, and management of Ward civil servants; procedures and formalities for appointing, dismissing, transferring, and rotating the Chairman and Deputy Chairmen of the People's Committee of the Ward;

d) Specifying the implementation of tasks related to national defense, security, measures to ensure social order and safety, struggle against crime prevention, and other violations of law at units implementing the pilot program;

đ) To submit to the Standing Committee of the National Assembly and the National Assembly for consideration and decision within their respective jurisdictions any issues that are inconsistent or arise during the pilot implementation;

e) By the fourth quarter of 2023, the Government shall report on the preliminary results of the pilot implementation of the organization of urban administrative models in the City of Hanoi to the Standing Committee of the National Assembly and the National Assembly for consideration and decision.

3. The Standing Committee of the National Assembly, the Ethnic Council, the Committees of the National Assembly, the Delegation of National Assembly Members from the City of Hanoi, and National Assembly Members, within their respective duties and powers, shall be responsible for supervising the implementation of this Resolution.

Article 8. Effective Date

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

2. In cases where there are different provisions on the same issue between this Resolution and other laws or resolutions of the National Assembly promulgated before the effective date of this Resolution, the provisions of this Resolution shall apply.

Article 9. Transitional Provisions

1. The People's Council and the People's Committee of the District and Town shall perform the tasks and powers prescribed in this Resolution from the start of the 2021-2026 term.

2. The People's Council and the People's Committee of the Ward for the 2016-2021 term will conclude their tasks on June 30, 2021.

From July 1, 2021, the People's Committee of the Ward shall perform its tasks and powers as prescribed in this Resolution. If the Chairman of the District or Town People's Committee has not yet appointed the Chairman and Deputy Chairmen of the People's Committee of the Ward, then the Chairman and Deputy Chairmen of the People's Committee of the Ward for the 2016-2021 term shall continue to organize the performance of the tasks and powers of the People's Committee of the Ward as prescribed in this Resolution until new Chairmen and Deputy Chairmen of the People's Committee of the Ward are appointed.

Documents issued by local authorities of the Ward for the 2016-2021 term before July 1, 2021, if not replaced or abolished by competent authorities, shall still be applied.

3. Districts, towns, cities, and wards in Hanoi City established from the date this Resolution takes effect shall not fall within the scope of implementation for pilot testing as provided for in this Resolution. The organization and operation of local authorities in these administrative units shall be carried out in accordance with the provisions of the Law on the Organization of Local Authorities and other relevant laws.

This Resolution was adopted by the National Assembly of the Socialist Republic of Vietnam, the fourteenth session, eighth meeting, on November 27, 2019.