Resolution 169/2024/QH15 on organization of urban administration in Hai Phong City

RESOLUTION

On organization of urban administration in Hai Phong City

___________

THE NATIONAL ASSEMBLY

Pursuant to the Constitution of the Socialist Republic of Vietnam;

Pursuant to Law No. 57/2014/QH13 on Organization of the National Assembly, which has a number of articles amended and supplemented under Law No. 65/2020/QH14;

Pursuant to Law No. 77/2015/QH13 on Organization of Local Administration, which has a number of articles amended and supplemented under Law No. 21/2017/QH14, Law No. 47/2019/QH14, Law No. 31/2024/QH15, Law No. 34/2024/QH15, and Law No. 43/2024/QH15;

RESOLVES:

Article 1. Organization of urban administration in Hai Phong City

1. Local administrations in Hai Phong City (below referred to as the City), Thuy Nguyen city, rural districts, communes and townships in the City constitute local administration levels, including the People's Council and People's Committee.

2. The local administration in an urban district of the City is the People's Committee of the urban district.

The People's Committee of the urban district is the state administrative agency in the urban district, performing the tasks and exercising the powers in accordance with this Resolution and as decentralized or authorized by the People's Committee of the City and the Chairperson of the People's Committee of the City.

3. The local administration in a ward in the City is the People's Committee of the ward.

The People's Committee of the ward is the state administrative agency in the ward, performing the tasks and exercising the powers in accordance with this Resolution and as decentralized or authorized by the People's Committee of the City, the People's Committee of the concerned urban district, the People's Committee of Thuy Nguyen city, the Chairperson of the People's Committee of the City, the Chairperson of the People's Committee of the concerned urban district, and the Chairperson of the People's Committee of Thuy Nguyen city.

Article 2.  People's Council of the City

1. The People's Council of the City shall perform the tasks and exercise the powers defined in the Law on Organization of Local Administration and relevant regulations, and has the following tasks and powers:

a/ To decide on state budget revenue estimates in the locality; local budget revenue-expenditure estimates and allocation of budget estimates of the City, including budget estimates of the subordinate local administrations; to adjust local budget estimates when necessary according to its competence; to approve account finalization of local budgets;

b/ To supervise the observance of the Constitution and law and the implementation of resolutions of the People's Council of the City in the urban districts and wards thereof; to supervise the operation of the People's Committees of the urban districts and the People's Committees of the wards of the urban districts, the People's Courts of the urban districts and the People's Procuracies of the urban districts;

c/ To elect assessors at the People's Court of an urban district as nominated by the Vietnam Fatherland Front Committee of the City at the proposal of the Vietnam Fatherland Front Committee of the urban district; to relieve from duty or remove from office assessors at the People's Court of the urban district at the proposal of the Chief Justice of the People's Court of the City on the basis of the proposal of the Chief Justice of the People's Court of the urban district after reaching agreement with the Vietnam Fatherland Front Committee of the urban district;

d/ For deputies to the People's Council of the City, they have the right to question the Chairperson of the People's Committee of the concerned urban district, the Chief Justice of the People's Court of the urban district, and the Procurator General of the People's Procuracy of the urban district. The People's Council of the City shall consider the giving of answers to questions by the questioned persons.

2. The Standing Body of the People's Council of the City shall be composed of the Chairperson of the People's Council of the City, no more than 2 Vice Chairpersons of the People's Council of the City, and members who are the Heads of the Boards of the People's Council of the City. The Chairperson of the People's Council of the City may be a full-time deputy to the People's Council, and the Vice Chairpersons of the People's Council of the City are full-time deputies to the People's Council.

A Board of the People's Council of the City shall be composed of the Head, 2 Deputy Heads and members. The Head of the Board may be a full-time deputy to the People's Council, and the Deputy Heads are full-time deputies to the People's Council. A Board of the People's Council of the City has 1 full-time member. Full-time members are entitled to salaries according to current regulations applicable to cadres and civil servants; and are entitled to the position-based allowance equivalent to that applicable to holders of the title of head of department-level division, and other regimes and policies as prescribed by law.

Article 3. People's Committee of the City, Chairperson of the People's Committee of the City

1. The People's Committee of the City shall perform the tasks and exercise the powers defined in the Law on Organization of Local Administration and relevant regulations, and has the following tasks and powers:

a/ To formulate and submit to the People's Council of the City for decision the contents specified at Point a, Clause 1, Article 2 of this Resolution and organize the implementation of the resolutions of the People's Council of the City. Based on the resolutions of the People's Council of the City, to decide on the assignment and adjustment of budget revenue-expenditure tasks to urban districts and wards thereof, and decide on guidelines and measures to implement local budgets, including budgets of urban districts and wards thereof;

b/ To decide on the assignment of socio-economic development tasks to the People's Committees of urban districts;

c/ To decide on and organize the performance of national defense and security tasks, and measures to ensure social order and safety, and prevent and combat crimes and other law-breaking acts in the attached urban districts;

d/ To decide on the transfer of a number of functions, tasks and powers that are defined by law as belonging to the functions, tasks and powers of certain specialized agencies of the People's Committee of the City to other specialized agencies or administrative agencies of the People's Committee of the City, People's Committees of urban districts and rural districts and Thuy Nguyen city;

dd/ To decide on the establishment, reorganization and dissolution of public non-business units under the People's Committee of the City, ensuring adherence to the law-specified principles, criteria and conditions;

e/ To decide on the establishment, reorganization, dissolution and renaming, and define the functions, tasks and powers, of specialized agencies under the People's Committees of urban districts, ensuring that the number of specialized agencies does not exceed the maximum number prescribed by the Government, and organize multi-sector management, ensuring streamlining, effectiveness and efficiency, and fully performing the functions and tasks of state management of the People's Committees of urban districts.

2. The Chairperson of the People's Committee of the City shall perform the tasks and exercise the powers defined in the Law on Organization of Local Administration and relevant regulations, and has the following tasks and powers:

a/ To appoint, relieve from duty, transfer, rotate, second, commend, discipline, and suspend the work of, the Chairpersons and Vice Chairpersons of the People's Committees of urban districts;

b/ When necessary, the Chairperson of the People's Committee of the City may authorize the head of another administrative agency under the People's Committee of the City or the head of a public non-business unit under the People's Committee of the City to perform one or more than one of the former’s tasks within a specified period of time under specific conditions. The authorization shall be made in writing and must clearly define the responsibilities of the authorizing person and the authorized person, ensuring publicity, transparency and efficiency.

Article 4. Organizational structure, working regime, tasks and powers of People's Committees of urban districts

1. The organizational structure of the People's Committee of an urban district shall be composed of the Chairperson of the People's Committee of the urban district, Vice Chairpersons of the People's Committee of the urban district, the Chief of the Public Security agency of the urban district, the Chief Commander of the Military Command of the urban district, specialized agencies under the People's Committee of the urban district, other administrative agencies and public non-business units of the People's Committee of the urban district; the People's Committee of a grade-I urban district has no more than 3 Vice Chairpersons, and the People's Committee of a grade-II urban district or grade-III urban district have no more than 2 Vice Chairpersons.

Chairpersons and Vice Chairpersons of People's Committees of urban districts are civil servants holding leading and managerial positions of the People's Committees of urban districts.

2. The working regime of the People's Committee of an urban district is as follows:

a/ The People's Committee of the urban district shall work under the headship regime, ensuring adherence to the principle of democratic centralization;

b/ The Chairperson of the People's Committee of the urban district acts as the head of the People's Committee of the urban district and is answerable to the People's Council of the City, the People's Committee of the City and the Chairperson of the People's Committee of the City and before law for the performance of tasks and the exercise of the powers of the People's Committee of the urban district.

The Chairperson of the People's Committee of the urban district shall appoint, relieve from duty, transfer, rotate, second, commend, discipline, and suspend the work of, Chairpersons and Vice Chairpersons of the People's Committees of the attached wards and the heads and deputy heads of specialized agencies of the People's Committee of the urban district; recruit, employ and manage civil servants and public employees under his/her management in accordance with law; and sign documents of the People's Committee of the urban district;

c/ Vice Chairpersons of the People's Committee of the urban district shall assist the Chairperson of the People's Committee of the urban district in performing the tasks assigned by the Chairperson of the People's Committee of the urban district and shall be responsible to the Chairperson of People's Committee of the urban district for the assigned tasks. When the Chairperson of the People's Committee of the urban district is absent, he/she shall authorize 1 Vice Chairperson to act on the former’s behalf to administer and settle the affairs of the People's Committee of the urban district.

3. The People's Committee of an urban district has the following tasks and powers:

a/ To perform the tasks and exercise the powers of the budget-estimating unit under the People's Committee of the City in accordance with the Law on the State Budget; to allocate budget estimates, adjust budget estimates, and make account finalization of budget funds of wards, specialized agencies under the People's Committee of the urban district and units under the urban district;

b/ To decide on the assignment of socio-economic development tasks to the People's Committees of the attached wards;

c/ To take responsibility for the effectiveness and efficiency of the operation of the state administrative system from the urban district to grassroots level, ensuring the consistency and smoothness of the administrative system; and implement administrative reform and reform of official duties and civil servants in the locality;

d/ To propose and coordinate with competent agencies in performing national defense and security tasks, and measures to ensure social order and safety and prevent and combat crimes and other law-breaking acts in the locality according to regulations on decentralization for management;

dd/ To perform tasks on organizing and ensuring the implementation of the Constitution and law, building of the administration and administrative boundaries, education, training, science, technology, innovation, culture, information, physical training, sports, health, labor, social policies, ethnic policies, religious policies, judicial administration, judicial support, environmental protection, fire and explosion prevention and fighting, disaster preparedness, epidemic prevention and control, and population management measures, and other tasks and powers in the locality in accordance with law;

e/ To organize the inspection, examination, settlement of complaints and denunciations, handling of law violations, and reception of citizens in accordance with law;

g/ To perform the tasks and exercise the powers decentralized or authorized by superior state agencies;

h/ To decentralize or authorize the People's Committees of wards; to authorize specialized agencies, other administrative agencies and public non-business units under the People's Committee of the urban district to perform the tasks and exercise the powers of the People's Committee of the urban district in accordance with law;

i/ To promulgate legal documents to regulate issues assigned under laws and resolutions of the National Assembly and carry out decentralization under Point h of this Clause. To terminate the implementation or annul part or the whole of illegal documents issued by specialized agencies under the People's Committee of the urban district and People's Committees of wards;

k/ To decide on tasks which are required under law to be submitted to the People's Council of the urban district for approval before making decision; to submit to the People's Committee of the City for decision the tasks falling within the competence of the People's Council of the urban district in accordance with law;

l/ To perform other tasks and exercise other powers in accordance with law that are not contrary to the provisions of this Resolution.

Article 5. People's Council of Thuy Nguyen city

1. The People's Council of Thuy Nguyen city shall perform the tasks and exercise the powers defined in the Law on Organization of Local Administration and relevant regulations, and has the following tasks and powers:

a/ To decide on state budget revenue estimates in the locality; local budget revenue-expenditure estimates and allocation of budget estimates of its level, including budget estimates of the attached wards; to adjust local budget estimates when necessary according to its competence; to approve account finalization of local budgets;

b/ To supervise the observance of the Constitution and law and the implementation of resolutions of the People's Council of Thuy Nguyen city in the attached wards; to supervise the operation of the People's Committees and Chairpersons of the People's Committees of the attached wards.

2. The People's Council of Thuy Nguyen city shall establish the Legal-Urban Affairs Board and the Socio-Economic Affairs Board to advise and assist the People's Council in the following fields:

a/ The Legal-Urban Affairs Board shall be held responsible in the fields of implementation of the Constitution and law, national defense, security, social order and safety, building of local administration and management of the boundaries of administrative units; urban planning, development of technical infrastructure and social infrastructure, transport, construction, natural resources and environment, and organization of public service provision;

b/ The Socio-Economic Affairs Board shall be held responsible in the fields of economics, budget, education, health, culture, social affairs, information, physical training, sports, science, technology, and religious policies.

Article 6. People's Committee of Thuy Nguyen city, Chairperson of the People's Committee of Thuy Nguyen city

1. The People's Committee of Thuy Nguyen city shall perform the tasks and exercise the powers defined in the Law on Organization of Local Administration and relevant regulations, and has the following tasks and powers:

a/ To formulate and submit to the same-level People's Council for decision the contents specified at Point a, Clause 1, Article 5 of this Resolution and organize the implementation of resolutions of the People's Council;

b/ To decide on and organize the performance of national defense and security tasks, and measures to ensure social order and safety, prevent and combat crimes and other law-breaking acts in the localities of the attached wards;

c/ To decide on the assignment of socio-economic development tasks to the People's Committees of the attached wards.

2. The Chairperson of the People's Committee of Thuy Nguyen city shall perform the tasks and exercise the powers defined in the Law on Organization of Local Administration and relevant regulations, and has the following tasks and powers:

a/ To appoint, relieve from duty, transfer, rotate, second, commend, discipline, and suspend the work of, the Chairperson and Vice Chairpersons of the People's Committees of the attached wards;

b/ To recruit, employ and manage civil servants working at the People's Committees of the attached wards in accordance with law;

c/ To terminate the implementation or annul part or the whole of illegal documents issued by the People's Committees of the attached wards.

Article 7. Organizational structure, working regime, tasks and powers of the People's Committees of wards; management of cadres and civil servants of communes, wards and townships

1. The organizational structure of the People's Committee of a ward shall be composed of the Chairperson and Vice Chairperson(s) of the People's Committee of the ward, the Chief Commander of the Military Command of the ward, the Chief of the Public Security agency of the ward, and other civil servants working at the People's Committee of the ward; the People's Committee of a grade-I or grade-II ward has no more than 2 Vice Chairpersons, and the People's Committee of a grade-III ward has 1 Vice Chairperson.

The Chairperson and Vice Chairpersons of the People's Committee of the ward are civil servants holding leadership and management positions of the People's Committee of the ward.

2. The working regime of the People's Committee of a ward is as follows:

a/ The People's Committee of the ward shall work under the headship regime, ensuring adherence to the principle of democratic centralization;

b/ The Chairperson of the People's Committee of the ward acts as the head of the People's Committee of the ward and is answerable to the Chairperson of the People's Committee of the concerned urban district or the Chairperson of the People's Committee of Thuy Nguyen city, and the Chairperson of the People's Committee of the City and before law for the performance of the tasks and the exercise of the powers of the People's Committee of the ward; directly manage and employ civil servants in accordance with the Government's regulations and as decentralized or authorized by the People's Committee of the City, the Chairperson of the People's Committee of the City, the People's Committee of the urban district, the Chairperson of the People's Committee of the urban district, the People's Committee of Thuy Nguyen city, and the Chairperson of the People's Committee of Thuy Nguyen City; and sign documents of the People's Committee of the ward;

c/ The Vice Chairperson(s) of the People's Committee of the ward shall assist the Chairperson of the People's Committee of the ward in performing the tasks assigned by the latter and take responsibility before the latter for the assigned tasks. When the Chairperson of the People's Committee of the ward is absent, he/she shall authorize 1 Vice Chairperson of the People's Committee of the ward to act on the former’s behalf to administer and settle the affairs of the People's Committee of the ward.

3. The People's Committee of a ward has the following tasks and powers:

a/ To perform the tasks and exercise the powers of the budget-estimating unit under the People's Committee of the concerned urban district or the People's Committee of Thuy Nguyen city in accordance with the Law on the State Budget;

b/ To propose and coordinate with competent agencies in performing national defense and security task, and measures to ensure social order and safety and prevent and combat crimes and other law-breaking acts in the locality as decentralized;

c/ To coordinate with the Vietnam Fatherland Front Committee of the same level in establishing the Team for Election of National Assembly deputies and the Team for Election of People's Council deputies;

d/ To perform the tasks and exercise the powers as decentralized or authorized by superior state agencies;

dd/ To perform the tasks on organization and assurance of the implementation of the Constitution, law and documents of superior state agencies in the ward;

e/ To decide according to its competence on the tasks which are required under law to be submitted to the People's Council of the ward for approval before making decision; to submit to the People's Committee of the concerned urban district or the People's Committee of Thuy Nguyen city for decision the tasks falling within the competence of the People's Council of the ward in accordance with law;

g/ The People's Committee of the ward does not have the competence to issue legal documents;

h/ To perform other tasks and exercise other powers as prescribed by law that are not contrary to the provisions of this Resolution.

4. Cadres and civil servants working in communes, wards and townships are on the payroll of district-level cadres and civil servants. The election, recruitment, management and employment of cadres and civil servants working in communes, wards and townships must comply with the regulations on election, recruitment, employment and management of cadres and civil servants at district or higher level and according to their competence and management decentralization regulations.

Article 8. Organization of implementation

1. Within the ambit of its tasks and powers, the Government has the following responsibilities:

a/ To direct and guide the implementation of the provisions on organization of urban administration in Hai Phong City in accordance with this Resolution;

b/ To provide specific regulations on the organization and operation of People's Committees of urban districts and People's Committees of wards, the responsibility regime for Chairpersons of People's Committees of urban districts and Chairpersons of People's Committees of wards; the order and procedures for appointment, relief from duty, transfer, rotation, secondment, commendation, discipline, and suspension of the work, of Chairpersons and Vice Chairpersons of People's Committees of urban districts, Chairpersons and Vice Chairpersons of People's Committees of wards, and heads and deputy heads of specialized agencies of People's Committees of urban districts; the election, recruitment, management and employment of civil servants working at People's Committees of urban districts and cadres and civil servants working in communes, wards and townships; and the estimation, execution and account finalization of budgets of urban districts and wards;

c/ To provide specific regulations on the organization of the performance of national defense and security tasks, and measures to ensure social order and safety and prevent and combat crimes and other law-breaking acts at administrative units regulated by this Resolution.

2. Within the ambit of their tasks and powers, the People's Council of the City, the People's Committee of the City, and the Chairperson of the People's Committee of the City have the following responsibilities:

a/ To organize the implementation of this Resolution and relevant regulations;

b/ To promulgate necessary regulations for implementation of the organization of urban administration in accordance with this Resolution and the Government's guidance; to proceed with specific decentralization and authorization to local administrations in urban districts, Thuy Nguyen city, and wards in accordance with the organization of urban management and practical capacity of each locality;

c/ To direct the review, arrangement and assignment of cadres and civil servants working in urban districts and wards in accordance with the law on cadres and civil servants and this Resolution; to settle entitlements and policies for cadres and civil servants who become redundant when implementing this Resolution and the Government's regulations and guidance;

d/ To study and propose to competent agencies the additional policies when implementing this Resolution;

dd/ The People's Council of the City may adjust the administrative procedures specified in relevant legal documents to perform the tasks and exercise the powers defined in this Resolution in adherence to the principle that for the decentralization contents for which regulations on administrative procedures are available, the subjects performing administrative procedures shall be adjusted on the basis of dossiers and procedures in accordance with current regulations, without giving rise to new administrative procedures; for the decentralization contents for which regulations on administrative procedures are not yet available, they must comply with the order and administrative procedures set by the People's Council of the City, ensuring that they are simple, easy to understand and easy to implement and help save time, cost and efforts of applicants and agencies performing administrative procedures.

3. The Standing Committee, the Ethnic Council and Committees of the National Assembly, the National Assembly Deputies’ Delegation of the City, and National Assembly deputies shall, within the ambit of their tasks and powers, oversee the implementation of this Resolution.

Article 9. Implementation provisions

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

2. The organization of urban administration in Hai Phong City after the model specified in this Resolution shall apply from July 1, 2026.

Article 10. Transitional provisions

1. People's Councils and People's Committees of urban districts and wards of the 2021-2026 term will terminate their tasks on June 30, 2026.

2. From July 1, 2026, People's Committees of urban districts and People's Committees of wards shall perform the tasks and exercise the powers defined in this Resolution. In case the Chairperson or Vice Chairperson of the People's Committee of an urban district or a ward has not yet been appointed, the Chairperson or Vice Chairperson of the People's Committee of the urban district or ward of the 2021-2026 term shall continue to perform the tasks and exercise the powers defined in this Resolution until the new Chairperson or Vice Chairperson of the People's Committee of the urban district or ward is appointed.

3. Commune-level cadres and civil servants in Hai Phong City who are elected or recruited before the effective date of this Resolution shall be regarded as cadres and civil servants defined in the Law on Cadres and Civil Servants who are on the administrative payroll assigned annually to the district-level authorities to continue working at their current working positions in communes, wards and townships; in case they are transferred to new job positions, they must satisfy the criteria and conditions as prescribed by law and such transfer must ensure conformity with the job positions approved by competent authorities.

4. Documents issued by local administrations in urban districts and wards before July 1, 2026, shall still apply if they have not been replaced or annulled by competent agencies.

For documents of the People's Council of an urban district and documents of the People's Council of a ward that are promulgated before July 1, 2026, and are no longer suitable, the People's Council of the City shall annul the documents of the People's Council of the urban district and documents of the People’s Councils of the wards of the urban district; the People's Council of Thuy Nguyen city shall annul documents of the People's Councils of the attached wards.

This Resolution was adopted on November 30, 2024, by the 15^th National Assembly of the Socialist Republic of Vietnam at its 8^th session.

Chairman of the National Assembly

TRAN THANH MAN