Decree No. 32/2021/ND-CP detailing and providing measures for implementation of the National Assembly’s Resolution No. 97/2019/QH14

DECREE

Detailing, and providing measures to implement, the National Assembly’s Resolution No. 97/2019/QH14 of November 27, 2019, on pilot organization of urban administration model in Hanoi^[1] 

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

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

Pursuant to the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the National Assembly’s Resolution No. 97/2019/QH14 of November 27, 2019, on pilot organization of urban administration model in Hanoi; 

At the proposal of the Minister of Home Affairs;

The Government promulgates the Decree detailing, and providing measures to implement, the National Assembly’s Resolution No. 97/2019/QH14 of November 27, 2019, on pilot organization of urban administration model in Hanoi.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation 

This Decree details, and provides measures to implement, the National Assembly’s Resolution No. 97/2019/QH14 of November 27, 2019, on pilot organization of urban administration model in Hanoi.

Article 2. Subjects of application

This Decree applies to:

1. The Hanoi People’s Council and People’s Committee.

2. People’s Councils and People’s Committees of urban districts and towns of Hanoi.

3. People’s Committees of wards of urban districts and towns of Hanoi.

4. Related agencies, organization and individuals.

Article 3. Provisions on management of civil servants of People’s Committees of wards

1. Civil servant payrolls of People’s Committees of wards are included in civil servant payrolls of and managed and used by People’s Committees of urban districts or towns.

2. Pursuant to regulations on competence and power delegation, the Hanoi People’s Committee and chairpersons of People’s Committees of urban districts and towns may recruit, employ and manage civil servants of People’s Committees of wards.

3. Chairpersons of People’s Committees of urban districts and towns may appoint, re-appoint, relieve from duty, transfer, rotate, second, commend, discipline or suspend from work chairpersons of People’s Committees of wards (below referred to as ward chairpersons) and vice chairpersons of People’s Committees of wards (below referred to as ward vice-chairpersons); commend and discipline civil servants of People’s Committees of wards; and delegate powers to ward chairpersons in accordance with law.

4. The Hanoi Department of Home Affairs shall guide, examine and inspect the recruitment, employment and management of civil servants of People’s Committees of wards.

Article 4. Provisions on cadres of Party organizations, Vietnam Fatherland Front Committees and socio-political organizations of wards

The employment and management of, and entitlements and policies for, commune-level cadres of Party organizations, Vietnam Fatherland Front Committees and socio-political organizations of wards must comply with the Party’s regulations, laws and guidance of competent agencies.

Article 5. Provisions on part-timers

Depending on practical conditions and requirements and the city’s budget, the Hanoi People’s Committee shall submit to the same-level People’s Council for decision the number and titles of, and entitlements and policies for, part-timers of wards and residential groups in accordance with law.

Chapter II

ORGANIZATION, OPERATION AND RESPONSIBILITIES OF PEOPLE’S COMMITTEES OF WARDS AND WARD CHAIRPERSONS

Article 6. Organization of People’s Committees of wards

1. The People’s Committee of a ward is composed of:

a/ Ward chairperson;

b/ Ward  vice-chairpersons;

c/ Chief of the ward’s Public Security office;

d/ Chief of the ward’s Military Commanding Board;

dd/ Other civil servants in charge of office-statistics; cadastral-construction-urban area and environment; finance-accounting; justice-civil status; and culture-social affairs.

2. Civil servants of People’s Committees of wards are those who are recruited or appointed to hold titles in the organizational structures of People’s Committees of wards (except those specified at Point c, Clause 1 of this Article).

Article 7. Operational principles of People’s Committees of wards and ward chairpersons

1. People’s Committees of wards shall work according to the regime of headship. Ward chairpersons are heads and responsible for leading, managing and administering work of People’s Committees of wards in accordance with working regulations of People’s Committees of wards, adhering to the principle of democratic centralism and compliance with law.

2. Ward chairpersons may hold meetings to discuss collectively on matters falling within the ambit of functions and tasks of People’s Committees of wards as specified at Points b and c, Clause 1, Article 5 of Resolution No. 97/2019/QH14 before deciding on matters falling within the ambit of functions, tasks and powers of People’s Committees of wards, and shall take responsibility for their decisions.

A collective as referred to in this Clause includes ward chairperson and ward vice-chairpersons, chief of the ward’s Public Security office, chief of the ward’s Military Commanding Board, and other related civil servants.

3. Ward chairpersons may authorize civil servants in charge of justice-civil status affairs to sign and affix stamps of People’s Committees of wards for certification of copies of original papers and documents issued or certified by Vietnam’s competent agencies; and certify signatures in papers and documents in accordance with law.

Authorized civil servants in charge of justice-civil status affairs must have at least 3 years’ experience in justice-civil status work.

4. Ward vice-chairpersons shall assist ward chairpersons in settling affairs assigned by the latter and take responsibility before the latter and before law for their assigned tasks.

When a ward chairperson is absent, he/she may authorize a ward vice-chairperson to manage and settle on the former’s behalf affairs of the People’s Committee of the ward.

5. In case the position of ward chairperson is vacant, the chairperson of the People’s Committee of the urban district or town shall decide to delegate a ward vice-chairperson to work as the acting ward chairperson until the new ward chairperson is officially appointed.

6. The operation of People’s Committees of wards must meet the people’s expectation, comply with law-specified order and procedures, and be carried out within the ambit of their competence in accordance with law and their working regulations.

7. To step up administrative reform and apply online public services to settle administrative procedures for individuals and organizations in their wards in accordance with law, ensuring democracy, publicity, transparency, unity and non-interruption in operation of People’s Committees of wards.

Article 8. Organization of meetings of People’s Committees of wards

1. Meetings of People’s Committees of wards shall be organized in accordance with working regulations of People’s Committees of wards and convened by ward chairpersons in order to perform their assigned functions and tasks.

2. When contents of meetings of People’s Committees of wards have relevant matters, ward chairpersons shall invite Party Committee secretaries, Vietnam Fatherland Front Committee presidents, and heads of socio-political organizations of wards, secretaries of Party cells, heads of residential groups and representatives of related specialized agencies of People’s Committees of urban districts or towns to attend such meetings.

3. Conclusions of meetings related to local people must be publicized on portals of People’s Committees of wards (except information classified as state secrets) in accordance with law and working regulations of People’s Committees of wards in order to publicly and promptly provide information to agencies, organizations and local people for implementation.

Article 9. Responsibilities of ward chairpersons

1. Ward chairpersons are heads of People’s Committees of wards who shall take responsibility before People’s Councils, People’s Committees and chairpersons of People’s Committees of urban districts or towns and before law for performance of tasks and exercise of powers of People’s Committees of wards.

2. To directly manage and employ civil servants of their ward People’s Committees under this Decree and as delegated or authorized by the People’s Committee or People’s Committee chairperson of Hanoi and of the concerned urban district or town.

3. To take responsibility for comprehensive management of operation of People’s Committees of wards.

4. To sign documents of People’s Committees of wards in the capacity as ward chairpersons and heads of state administrative agencies in wards, and take responsibility for documents of People’s Committees of wards.

5. To perform obligations of civil servants and abide by the provisions of the Law on Cadres and Civil Servants regarding acts that civil servants are not allowed to take and relevant laws.

Article 10. Responsibilities of ward vice-chairpersons

1. To perform tasks and exercise powers of People’s Committees of wards in the fields assigned by ward chairpersons.

2. To take responsibility before ward chairpersons and before law for performance of their tasks and official duties in their assigned fields.

3. To sign on behalf of ward chairpersons documents of People’s Committees of wards when assigned by ward chairpersons.

4. To perform obligations of civil servants and comply with the provisions of the Law on Cadres and Civil Servants regarding acts that civil servants are not allowed to take and relevant laws.

Article 11. Responsibilities of other civil servants of wards

1. To take responsibility before ward chairpersons and ward vice-chairpersons in charge of relevant affairs for performance of state management tasks in professional fields as assigned by ward chairpersons in accordance with law.

2. To take the initiative in providing advices and proposing measures to settle their assigned affairs in accordance with regulations on time, results and competence; to devotedly serve the people and refrain from causing difficulties or troubles for the people; to report matters falling beyond their competence to ward chairpersons or ward vice-chairpersons in charge of relevant affairs for consideration and decision.

3. To comply with working regulations of People’s Committees of wards, and strictly abide by task assignment by ward chairpersons; to settle affairs within the ambit of their assigned responsibilities and tasks, ensuring work progress and quality.

4. To refrain from transferring affairs falling under their responsibility to other civil servants; to refrain from arbitrarily settling affairs falling under responsibility of other civil servants. In case contents of their affairs are related to other civil servants and involve divergent opinions, to report them to ward chairpersons for consideration and decision.

5. Civil servants in charge of justice-civil status affairs shall take responsibility before ward chairpersons and before law for performance of the authorized jobs specified in Clause 3, Article 7 of this Decree, and may not further authorize other individuals to perform such jobs.

6. To make, preserve and archive dossiers and documents related to their professional work; to timely and accurately report on actual work progress in assigned fields to ward chairpersons and ward vice-chairpersons in charge of relevant affairs.

7. To perform obligations of civil servants and comply with the provisions of the Law on Cadres and Civil Servants regarding acts that civil servants are not allowed to take and relevant laws.

Article 12. Organization of conferences for dialogue between ward chairpersons and local people

1. Annually, a ward chairperson shall organize at least two conferences for dialogue with local people on matters related to legitimate interests and aspirations of local citizens before regular meetings of the People’s Council of the concerned urban district or town.

Based on population size of the ward, the ward chairperson may organize conference for dialogue with local people through representatives of residential groups.

The ward People’s Committee shall notify the time, venue and contents of a conference for dialogue with local people in the mass media and directly to heads of residential groups at least 7 days before the conference is held.

2. Results of a conference for dialogue with local people shall be sent to the standing body of the People’s Council, People’s Committee, and People’s Committee chairperson of the urban district or town, and the head of the group of deputies to the People’s Council of the urban district or town in the ward 7 days before the opening of the upcoming regular meeting of the People’s Council of the urban district or town.

Article 13. Working relationship between People’s Committees of wards and wards chairpersons and People’s Councils of urban districts or towns

1. People’s Committees of wards and ward chairpersons submit to supervision by People’s Councils of urban districts or towns in performing their tasks and exercising their powers; abiding by the Constitution and law, and implementing resolutions of People’s Councils of urban districts or towns and the Hanoi People’s Council.

2. People’s Committees of wards and ward chairpersons shall send quarterly reports on their operation results to People’s Councils of urban districts or towns or extraordinary reports upon request of People’s Councils of urban districts or towns. Ward chairpersons shall explain relevant issues before People’s Councils of urban districts or towns when so requested.

Article 14. Working relationship between People’s Committees of wards and ward chairpersons and People’s Committees, chairpersons and specialized agencies of People’s Committees of urban districts or towns

1. Ward chairpersons submit to direct leadership and direction by People’s Committees and chairpersons of People’s Committees of urban districts or towns. When encountering problems falling beyond their competence, ward chairpersons shall report them to People’s Committees and chairpersons of People’s Committees of urban districts or towns to seek directive opinions; and regularly report to People’s Committees and chairpersons of People’s Committees of urban districts or towns in accordance with law.

2. People’s Committees of wards submit to inspection by, maintain close contact with, and comply with professional guidance of, specialized agencies of People’s Committees of urban districts or towns in performing their tasks in their wards.

Article 15. Working relationship between People’s Committees of wards and ward chairpersons and Party Committees of wards

People’s Committees of wards and ward chairpersons submit to leadership by Party Committees of wards in performing their tasks assigned by People’s Councils, People’s Committees and chairpersons of People’s Committees of urban districts or towns, and other tasks in accordance with law.

Article 16. Working relationship between People’s Committees of wards and ward chairpersons and Vietnam Fatherland Front Committees and socio-political organizations in wards

People’s Committees of wards and ward chairpersons shall closely coordinate with Vietnam Fatherland Front Committees and socio-political organizations in wards in performing their tasks, improving local people’s living conditions and protecting local people’s interests; create conditions for these organizations to operate effectively; on a monthly basis or when necessary, notify local socio-economic development and activities of People’s Committees of wards to these organization for information and coordination in mobilizing and helping local people to strictly observe the State’s guidelines, policies and laws and fulfill their civil obligations toward the State.

Article 17. Working relationship between People’s Committees of wards and ward chairpersons and residential groups

1. Ward chairpersons shall promptly inform guidelines and policies of the Party and the State, instructing documents of superior state agencies and People’s Committees of wards to residential groups for implementation; inspect the implementation of the Party’s guidelines and the State’s policies and laws in the localities; promote the people’s right to mastery, and properly implement regulations on exercise of democracy in wards and self-governance activities of residential groups.

2. Ward chairpersons shall assign their wards’ civil servants to monitor and grasp realities in residential groups. On a monthly basis, civil servants of wards shall be assigned to work with heads of residential groups in localities under their management or attend meetings of residential groups to listen to local people’s reflections and recommendations, and settle their complaints in accordance with law.

Chapter III

RECRUITMENT, EMPLOYMENT AND MANAGEMENT OF CIVIL SERVANTS OF PEOPLE’S COMMITTEES OF WARDS

Article 18. Number of civil servants of wards

1. The average number of civil servants on state payroll of a People’s Committee of a ward is 15. This average number is calculated on the basis of total number of wards of an urban district or a town.

2. Pursuant to Clause 1 of this Article, the Hanoi People’s Committee shall propose the same-level People’s Council to assign the number of civil servants on state payroll of a People’s Committee of a ward of each urban district or town.

3. Pursuant to Clauses 1 and 2 of this Article and based on requirements of tasks of each ward, the People’s Committee of the concerned urban district or town shall decide to assign the specific number of civil servants on state payroll for each position or title of civil servant of the People’s Committee of such ward.

Article 19. Recruitment, employment and management of civil servants of People’s Committees of wards

1. Chairpersons of People’s Committees of urban districts or towns shall recruit, employ and manage civil servants of People’s Committees of wards.

2. The recruitment, employment and management of civil servants of People’s Committees of wards must comply with the Law on Cadres and Civil Servants and the Government’s regulations on recruitment, employment and management of civil servants. For the title of chief of Military Commanding Board, the appointment must comply with Point dd, Clause 1, Article 23 of the Law on Militia and Self-Defense Forces.

3. Based on the number, positions and titles of civil servants of People’s Committees of wards and recruitment demand, chairpersons of People’s Committees of urban districts or towns shall make recruitment plans and send them to the Hanoi Department of Home Affairs for opinion before implementation.

4. Ward chairpersons shall directly employ and manage civil servants of People’s Committees of wards, specifically as follows:

a/ To arrange, assign tasks to, and inspect the performance of tasks by, these civil servants;

b/ To implement or request competent authorities to implement entitlements and policies toward these civil servants in accordance with law;

c/ To provide or request competent authorities to provide training and further training courses, make plans on, increase salaries for, and carry out evaluation, quality rating, commendation and disciplining of civil servants of wards in accordance with law;

d/ To make statistics and report to competent authorities on current status of the contingent of civil servants of wards in accordance with law;

dd/ To perform other jobs as delegated or authorized by the Hanoi People’s Committee, Hanoi People’s Committee chairperson and People’s Committees and chairpersons of People’s Committees of concerned urban districts and towns.

Article 20. Order and procedures for appointment, re-appointment, transfer, rotation, secondment, relief from duty and resignation of ward chairpersons and vice-chairpersons The order and procedures for appointment, re-appointment, transfer, rotation, secondment, relief from duty and resignation of ward chairpersons and vice-chairpersons must comply with the Law on Cadres and Civil Servants and the Government’s regulations on recruitment, employment and management of civil servants.

Article 21. Term of office of ward chairpersons and vice-chairpersons

1. The term of office of ward chairpersons and vice-chairpersons for each appointment is 5 years, counting from the effective date of appointment decisions.

2. A ward chairperson may not remain in his/her office for more than 10 consecutive years in the same ward.

Article 22. Commendation and disciplining for civil servants of People’s Committees of wards

The order, procedures and competence to commend and discipline civil servants of People’s Committees of wards must comply with the Law on Cadres and Civil servants, Law on Emulation and Commendation and guiding documents.

Chapter IV

ORGANIZATION OF PERFORMANCE OF NATIONAL DEFENSE AND PUBLIC SECURITY TASKS, MEASURES TO ENSURE SOCIAL ORDER AND SAFETY, CRIME PREVENTION AND COMBAT, AND FIGHT AGAINST OTHER ILLEGAL ACTS

Article 23. National defense tasks in wards

1. Within the ambit of their tasks and powers, People’s Committees of urban districts or towns shall direct and organize the performance of national defense tasks in accordance with law and the following specific tasks:

a/ To organize the performance of national defense tasks in accordance with law and national defense-related tasks assigned by competent authorities;

b/ To build an all-people national defense and an all-people defense posture in association with the people’s security and security posture; to build national defense capacity and potential, comprehensive solid defense zones, and local people’s armed forces; to carry out national defense and security education; to choose and call upon citizens to perform military service, and receive demobilized soldiers and create conditions for them to get employed; to coordinate with related agencies, organizations and units of the people’s armed forces in building national defense zones in accordance with law;

c/ To organize the building, training and operation of, and implementation of entitlements and policies for, mobilized reserve forces and local militia and self-defense forces in accordance with law;

d/ To assume the prime responsibility for, or coordinate in, building, managing and protecting national defense works, military zones, and national defense-economic zones in their localities; to take civil defense measures; to implement policies toward families of military personnel and preferential treatment policies toward people with meritorious service to the revolution; to provide human, material and financial aid for the people’s armed forces operating in wards in a state of emergency, state of national defense emergency or state of war;

dd/ To perform other tasks and exercise other powers related to national defense in accordance with law.

2. People’s Committees of wards shall propose and coordinate in performing the tasks specified in Clause 1 of this Article as delegated or authorized by People’s Committees and chairpersons of People’s Committees of urban districts or towns.

Article 24. Tasks of assurance of security, social order and safety in wards

1. Within the ambit of their tasks and powers, People’s Committees of urban districts or towns shall direct and organize the performance of tasks of assurance of security and social order and safety in accordance with law and the following specific tasks:

a/ To organize the performance of tasks of protecting security and social order and safety in accordance with law and tasks of protecting national security and ensuring social order and safety as assigned by competent authorities;

b/ To build the people’s security and security posture in association with the all-people national defense and strong all-people national defense posture; to participate in building the people’s public security forces, contributing to strengthening potential for protection of national security and assurance of social order and safety; to carry out national defense and security education in accordance with law;

c/ To assign People’s Committees of wards to direct Public Security offices of wards to perform the task of protecting security, social order and safety; to implement entitlements and policies toward forces participating in the protection of grassroots security and order; to assume the prime responsibility for, or coordinate in, building, managing and protecting national security-related important works;

d/ To direct People’s Committees of wards to coordinate with Vietnam Fatherland Front Committees and their member organizations, related agencies and organizations in their wards in performing the task of protecting security, social order and safety;

dd/ To direct People’s Committees of wards in observing regulations on examination, inspection, settlement of complaints and denunciations, and handling of violations in their wards; to make preliminary and final reviews of performance of the task of protecting security, social order and safety.

2. People’s Committees of wards shall propose and coordinate in performing the tasks specified in Clause 1 of this Article as delegated or authorized by People’s Committees and chairpersons People’s Committees of urban districts or towns.

Article 25. Tasks of fighting illegal acts in wards

Within the ambit of their tasks and powers, People’s Committees of urban districts or towns and People’s Committees of wards shall organize the performance of tasks of fighting illegal acts in their localities in accordance with law and the following specific tasks:

1. To handle administrative violations in wards in accordance with the law on handling of administrative violations.

2. To organize the implementation of measures to prevent and combat crimes and fight other illegal acts in wards.

Chapter V

ESTIMATION, IMPLEMENTATION AND FINALIZATION OF BUDGETS OF URBAN DISTRICTS OR TOWNS AND WARDS

Article 26. Estimation of budgets of urban districts or towns and wards

1. The Hanoi People’s Committee shall submit to the same-level People’s Council for decision principles, criteria and norms for allocation of local budget funds; decentralize revenue sources and expenditure tasks for each level of local budget; provide specific guidance on requirements, contents and documents on formulation, preparation and adjustment of budget estimates of urban districts or towns and wards in compliance with requirements, contents and time of estimation of local budgets in accordance with the Law on the State Budget.

2. Annually, People’s Committees of wards shall make ward budget revenue and expenditure estimates and send them to Finance-Planning Divisions of urban districts or towns for consideration, summarization and reporting to People’s Committees of such urban districts or towns, and submit them to same-level People’s Councils for decision. Within 5 working days after People’s Councils of urban districts or towns make decisions, People’s Committees of such urban districts or towns shall assign budget revenue and expenditure estimates to wards.

Article 27. Implementation of budgets of urban districts or towns and wards

1. Based on resolutions of same-level People’s Councils, People’s Committees of urban districts or towns shall assign budget estimates to People’s Committees of wards and their attached budget-using units. In case such budget estimates have not yet been decided by People’s Councils of urban districts or towns, People’s Committees of wards shall be temporarily allocated budgets in accordance with Article 51 of the Law on the State Budget.

2. People’s Committees of wards shall allocate, and organize the implementation of, assigned budget revenue and expenditure estimates; fully and promptly remit amounts remittable into the state budget in accordance with law; and make expenditures in strict accordance with the law-specified regimes and policies, for proper purposes and eligible subjects, according to implementation schedules, and within budget estimates assigned to them.

3. In the course of budget administration, in case it is necessary to adjust budget estimates or when unscheduled or urgent expenditure tasks arise, People’s Committees of wards shall report such to People’s Committees of urban districts or towns for consideration and decision in accordance with the Law on the State Budget.

Article 28. Finalization of the state budget

1. Annually, the Hanoi People’s Committee and People’s Committees of urban districts and towns shall direct their Finance-Planning Divisions to coordinate with tax offices, State Treasury offices, and related departments and sectors in approving final accounts of their attached agencies and units and summarizing final accounts of budgets of urban districts and towns.

People’s Committees of wards shall make final accounts of budgets of their budget-estimating units for reporting to Finance-Planning Divisions of urban districts or towns for approval and inclusion in final accounts of budgets of urban districts or towns for reporting to People’s Committees of such urban districts or towns for subsequent submission to same-level People’s Councils for approval.

2. The Hanoi People’ Council shall specify requirements, contents and documents of, and time limit for People’s Committees of wards to send reports on final accounts of ward budgets to competent authorities in accordance with the Law on the State Budget.

Chapter VI

IMPLEMENTATION PROVISIONS AND ORGANIZATION OF IMPLEMENTATION

Article 29. Effect

This Decree takes effect on the date of its signing.

Article 30. Transitional provisions

1. The period of holding the post of ward chairpersons before July 1, 2021, shall be included in the term of office of ward chairpersons specified in Clause 2, Article 21 of this Decree.

2. From July 1, 2021, ward chairpersons and vice-chairpersons, and commune-level civil servants of wards who are elected or recruited before July 1, 2021, shall be treated as civil servants of such wards; in case of being transferred to new working positions, they shall satisfy conditions and criteria for such positions.

Internal Affairs Divisions of urban districts and towns shall review dossiers of commune-level civil servants of People’s Committees of wards for reporting to chairpersons of People’s Committees of urban districts and towns. After obtaining appraisal opinions of the Hanoi Department of Home Affairs, chairpersons of People’s Committees of urban districts and towns shall issue decisions to treat commune-level civil servants of People’s Committees of wards as those managed by People’s Committees of urban districts and towns.

Chairpersons of People’s Committee of urban districts and towns shall request in writing the Hanoi Department of Internal Affairs to consider and decide or propose competent authorities to decide on appointment to salary ranks and arrangement of salary grades for civil servants of People’s Committees of wards in accordance with law.

3. The Hanoi People’s Committee shall formulate plans on training and further training of civil servants of People’s Committees of wards satisfying civil servant criteria and work requirements.

Article 31. Arrangement of, and implementation of entitlements and policies toward, chairpersons and vice chairpersons of People’s Councils and People’s Committees of wards and other civil servants of wards in the pilot period

1. The Hanoi People’s Council and People’s Committee shall direct the arrangement of and implementation of entitlements and policies for:

a/ Chairpersons and vice chairpersons of People’s Councils of wards;

b/ Those who are currently ward chairpersons or vice-chairpersons but are not re-appointed under Resolution No. 97/2019/QH14 and this Decree.

2. Commune-level cadres specified in Clause 1 of this Article and commune-level civil servants of wards who are not treated as civil servants may enjoy entitlements and policies provided in Guidance No. 27-HD/BTCTW of December 20, 2019, of the Party Central Committee’s Organization Commission, guiding policies and entitlements applicable to cadres who are no longer nominated for election to key members of Party Committees, local administrations or Vietnam Fatherland Front Committees, and socio-political organizations at all levels; the Government’s Decree No. 26/2015/ND-CP of March 9, 2015, providing entitlements and policies for cadres who are too old to be re-elected or re-appointed to term-based positions and titles in agencies of the Communist Party of Vietnam, the State and other socio-political organizations; the Government’s Decree No. 108/2014/ND-CP of November 20, 2014, on state payroll streamlining policies; the Government’s Decree No. 113/2018/ND-CP of August 31, 2018, amending and supplementing a number of articles of Decree No. 108/2014/ND-CP; the Government’s Decree No. 143/2020/ND-CP of December 10, 2929, amending and supplementing a number of articles of Decree No. 108/2014/ND-CP and Decree No. 113/2018/ND-CP; the Government’s Decree No. 46/2010/ND-CP of April 27, 2010, on resignation and procedures for retirement applicable to civil servants; and other relevant documents.

3. In addition to the entitlements and policies mentioned in Clause 2 of this Article, based on local budget balance, the Hanoi People’s Committee shall propose the same-level People’s Council to issue support policies for cadres and civil servants of wards who are eligible for entitlements and policies mentioned in Clauses 1 and 2 of this Article.

4. In case the National Assembly adopts a resolution on termination of the pilot implementation, the employment and management of, and implementation of entitlements and policies for, chairpersons, vice chairpersons and other civil servants of wards must comply with regulations and guidance of competent agencies.

Article 32. Estimation, implementation and finalization of budgets upon transfer from wards to budget-estimating units of People’s Committees of urban districts or towns in 2021

1. The Hanoi People’s Committee shall propose the same-level People’s Council to decide on revision of contents of decentralization of revenue sources and expenditure tasks of budgets of urban districts or towns and wards from July 1, 2021, as suitable to the city’s urban administration model.

2. Administration of budget estimates of urban districts or towns and wards

a/ Based on reports of wards, Finance-Planning Divisions of urban districts or towns shall summarize implementation results of budget revenue and expenditure estimates in the first half of 2021 of all wards in their localities for reporting to People’s Committees of urban districts or towns for submission to same-level People’s Councils for adjustment of budget estimates of urban districts or towns and wards in 2021 as follows:

(Adjusted) budget-balancing revenue and expenditure estimates of urban districts or towns in 2021 shall be based on increase in budget revenues of urban districts or towns and corresponding decrease in the remaining revenue estimates of ward budgets as decentralized; to increase expenditure tasks of budgets of urban districts or towns, and assign expenditure tasks to budget-estimating units of wards of urban districts or towns according to their assigned tasks.

(Adjusted) budget revenue and expenditure estimates in 2021 shall be assigned to People’s Committees of wards, including: the remaining unimplemented revenue estimates of wards which are assigned at the beginning of the year; estimates of expenditure tasks of budget-estimating units of wards of urban districts or towns according to their assigned functions and tasks; and expenditure tasks of administrative agencies, Party agencies, mass organizations, and non-business units which are included in expenditure tasks of People’s Committees of wards as allocated by budgets of urban districts or towns, ensuring performance of socio-economic development tasks in wards.

People’s Committees of urban districts and towns shall complete the assignment of budget estimates to People’s Committees of wards before July 31, 2021.

b/ The Hanoi People’s Committee, and People’s Committees of urban districts and towns shall direct agencies and units to perform accounting work concerning budget revenues and expenditures of budget-estimating units of wards right from July 1, 2021, in accordance with the Law on the State Budget.

3. Finalization of ward budgets from January 1, 2021, through June 30, 2021:

a/ The Hanoi People’s Committee, and People’s Committees of urban districts and towns shall direct agencies and units in performing accounting work, including: closing accounting books through June 30, 2021; making asset inventory; determining unpaid debts; making financial statements; making handover minutes; handing and receiving accounting documents and data; carrying forward wards’ budget remainders and sources for wage reform to urban districts or towns for management in accordance with the provisions on consolidation and merger of Articles 45 and 46 of the Accounting Law;

b/ People’s Committees of wards shall make reports on finalization of state budget revenues and ward budget expenditures in the first half of 2021, then send them to Finance-Planning Divisions of urban districts or towns for consideration and approval and reporting to People’s Committees of urban districts or towns for subsequent submission to same-level People’s Councils for approval.

Article 33. Implementation responsibility

1. The Ministry of Home Affairs shall:

a/ Guide, examine, and inspect the pilot organization of urban administration model in Hanoi under Resolution No. 97/2019/QH14 and this Decree;

b/ Assume the prime responsibility for, and coordinate with the Hanoi People’s Committee in proposing the Government to report to the National Assembly and the National Assembly Standing Committee a preliminary review of pilot organization of urban administration model in Hanoi.

2. The Hanoi People’s Council and People’s Committee shall organize the implementation of this Decree. The Hanoi People’s Committee shall:

a/ Promulgate a model working regulation of People’s Committees of wads;

b/ Guide People’s Committees of urban districts and towns and wards in implementing regulations on financial and budgetary work when upon pilot organization of urban administration model;

c/ Report to the Ministry of Home Affairs for submission to the Government for consideration and decision problems arising in the course of pilot organization of urban administration model in Hanoi.

3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, the Chairperson of the Hanoi People’s Committee, and related agencies, organizations and individuals shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC