Resolution No. 131/2020/QH14 organization of urban administration in Ho Chi Minh City

RESOLUTION

On organization of urban administration in Ho Chi Minh City^[1]

THE NATIONAL ASSEMBLY

Pursuant to the Constitution of the Socialist Republic of Vietnam;

Pursuant to Law No. 77/2015/QH13 on Organization of Local Administration, which was amended and supplemented under Law No. 21/2017/QH14 and Law No. 47/2019/QH14;

RESOLVES:

Article 1. Organization of urban administration in Ho Chi Minh City

1. The administration of Ho Chi Minh City (below referred to as the City) is a local administration consisting of the People’s Council and People’s Committee of the City.

2. Administration of an urban district of the City is the People’s Committee of such urban district.

The People’s Committee of an urban district is a state administrative agency of such urban district, performing the tasks and exercising the powers defined in this Resolution and delegated or authorized by the People’s Committee or chairperson of the People’s Committee of the City.

3. Administration of a ward of the City is the People’s Committee of such ward.

A People’s Committee of a ward is a state administrative agency of such ward, performing the tasks and exercising the powers defined in this Resolution and delegated or authorized by the People’s Committee of the City or People’s Committee of the concerned urban district or People’s Committee of the concerned city under the City, and authorized by the People’s Committee or chairperson of the People’s Committee of the concerned urban district or city under the City.

4. The organization of administrations of rural districts, cities, communes and townships of the City must comply with the Law on Organization of Local Administration.

Article 2. People’s Council of the City

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 other relevant laws, and the following tasks and powers:

a/ To decide on state budget revenue estimates of the City; budget revenue and expenditure estimates and allocation of budget estimates of the City, including budget estimates of urban districts; to adjust local budget estimates in case of necessity; to approve the final accounts of the local budget;

b/ To supervise the observance of the Constitution and law, the implementation of its resolutions in urban districts and wards under urban districts; to supervise the operation of People’s Committees of urban districts and People’s Committees of wards under urban districts, People’s Courts of urban districts and People’s Procuracies of urban districts;

c/ To collect votes of confidence on chairpersons of People’s Committees of urban districts. A person who receives votes of low confidence accounting for more than half of the total number of votes of deputies to the People’s Council of the City may apply for resignation; in case a person receives votes of low confidence accounting for two-thirds or more of the total number of votes of deputies to the People’s Council of the City, the People’s Council of the City shall propose the chairperson of the People’s Committee of the City to make consideration and decision according to his/her competence.

The time limit, time and order of collection of votes of confidence on chairpersons of People’s Committees of urban districts must comply with the National Assembly’s regulations.

d/ A deputy to the People’s Council of the City has the right to raise questions to the chairperson of the People’s Committee of an urban district, Chief Justice of the People’s Court of an urban district, and Chief Procurator of the People’s Procuracy of an urban district. The People’s Council of the City shall consider answers of questioned persons;

dd/ To elect assessors of People’s Courts of urban districts based on recommendation of the Vietnam Fatherland Front Committee of the City; to relieve from duty or remove from office assessors of People’s Courts of urban districts at the request of the Chief Justice of the People’s Court of the City after reaching agreement with the same-level Vietnam Fatherland Front Committee.

2. The standing body of the People’s Council of the City shall be composed of the chairperson and 2 vice chairpersons of the People’s Council and members being heads of 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; vice chairpersons of the People’s Council of the City must be 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 a board of the People’s Council of the City may be a full-time deputy to the People’s Council; deputy heads of a board of the People’s Council of the City must be full-time deputies to the People’s Council. A board of the People’s Council of the City must have 1 full-time member.

Article 3. People’s Committee and chairperson of 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 other relevant laws, and 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 resolutions of the People’s Council of the City;

b/ On the basis of resolutions of the People’s Council of the City on long-term, medium-term and annual socio-economic development plans of the City, to decide on the assignment of socio-economic development tasks to People’s Committees of urban districts. To approve medium-term and annual public investment plans of People’s Committees of urban districts;

c/ To decide on the establishment, reorganization or dissolution of specialized agencies of People’s Committees of urban districts;

d/ To decide on, and organize the performance of, national defense and security tasks, implementation of measures to ensure social order and safety, crime prevention and combat, and fight against other illegal acts in attached 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 other relevant laws, and the following tasks and powers:

a/ To appoint, relieve from duty, transfer, rotate, second, commend, discipline and suspend from work chairpersons and vice chairpersons of People’s Committees of urban districts;

b/ To suspend the implementation, and annul part or the whole, of unlawful documents issued by People’s Committees of urban districts.

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

1. The People’s Committee of an urban district shall be composed of the chairperson, vice chairpersons, specialized agencies, other administrative agencies and public non-business units under the People’s Committee of such urban district. The chairperson and vice chairpersons of the People’s Committee of an urban district are civil servants holding leadership and managerial titles.

2. People’s Committees of urban districts shall work according to the regime of headship and adhere to the principle of democratic centralism.

3. The chairperson of the People’s Committee of an urban district is the head of the People’s Committee of such urban district, who leads and administers the operation of the People’s Committee of the urban district. The chairperson of the People’s Committee of an urban district shall take responsibility before the People’s Council, People’s Committee and chairperson of the People’s Committee of the City and before law for the performance of the tasks and exercise of the powers of the People’s Committee of such urban district.

The chairperson of the People’s Committee of an urban district may appoint, relieve from duty, transfer, rotate, second, commend, discipline and suspend from work chairpersons and vice chairpersons of People’s Committees of attached wards, and heads and deputy heads of specialized agencies of the People’s Committee of such 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 such urban district.

4. The People’s Committee of an urban district may have no more than 3 vice chairpersons. Vice chairpersons of the People’s Committee of an urban district shall assist the chairperson of the People’s Committee of such urban district in performing the tasks as assigned by the latter; and take responsibility before the chairperson of the People’s Committee of such urban district and before law for their assigned tasks. When the chairperson of the People’s Committee of an urban district is absent, he/she may authorize 1 vice chairperson to administer and handle affairs of the People’s Committee of such urban district on the former’s behalf.

5. Specialized agencies of People’s Committees of urban districts shall be established, reorganized and dissolved by the People’s Committee of the City in accordance with the Government’s regulations as suitable to the reality of state management work in the City.

Other administrative agencies and public non-business units under People’s Committees of urban districts shall be established, reorganized and dissolved under the Government’s regulations and as delegated by the People’s Committee of the City.

Article 5. Tasks and powers of the People’s Committee of an urban district

1. To perform the tasks and exercise the powers of a budget-estimating unit under the People’s Committee of the City in accordance with the Law on the State Budget; to allocate and adjust estimates, and make final accounts of, the budgets of attached wards.

2. To decide on investment policies for group-B or group-C public investment programs and projects using budgets of the urban district and attached wards in accordance with the Law on Public Investment; to give opinions on investment policies for projects to be decided by competent agencies or individuals, for which the Law on Public Investment requires contribution of opinions by district-level People’s Councils; to organize the implementation of public investment programs and projects according to delegated management powers; to approve medium-term and annual public investment plans of People’s Committees of attached wards; to decide on the assignment of socio-economic development tasks to People’s Committees of attached wards.

3. To define the functions, tasks and powers of its specialized agencies in accordance with the guidance of line ministries and other relevant documents.

4. To be held responsible for the operational effectiveness and efficiency of the state administration system from the urban district to the grassroots, ensuring the unity and uninterruptedness of the administration system; to carry out administrative reform, public service reform and reform related to civil servants in the locality.

5. To propose to and coordinate with competent agencies in performing national defense and security tasks, measures to ensure social order and safety, crime prevention and combat, and fight against other illegal acts in the locality according to delegated management powers.

6. To perform tasks of organizing and guaranteeing the implementation of the Constitution and law, building the administration and administrative boundaries, education, training, science, technology, culture, information, physical training, sports, health, labor, social policies, ethnicity, religion, judicial administration, judicial support, and measures to protect the environment, prevent and fight fires and explosion, prevent and control natural disasters and epidemics, and manage residence.

7. To manage, and organize the use of, assigned working offices, assets and means, and state budget funds in accordance with law.

8. To organize the inspection and examination, settlement of complaints and denunciations, handling of violation and reception of citizens in accordance with law.

9. To perform the tasks and exercise the powers delegated or authorized by superior state agencies.

10. To delegate powers to or authorize People’s Committees of attached wards; or authorize its specialized agencies, administrative agencies or public non-business units to perform its tasks and exercise its powers in accordance with law.

11. To promulgate legal documents prescribing the issues assigned in laws and resolutions of the National Assembly and carry out the delegation of powers specified in Clause 10 of this Article. To suspend the implementation, or annul part or the whole, of unlawful documents issued by its specialized agencies and People’s Committees of attached wards.

12. To perform other tasks and exercise other powers in accordance with law that are not contrary to this Resolution.

Article 6. Tasks and powers of the People’s Council of a city under the City

The People’s Council of a city under the City shall perform the tasks and exercise the powers defined in the Law on Organization of Local Administration and other relevant laws, and the following tasks and powers:

1. To decide on state budget revenue estimates of the city; budget revenue and expenditure estimates and allocation of budget estimates of the city, including budget estimates of attached wards; to adjust budget estimates of the city in case of necessity; to approve final accounts of the budget of the city.

2. To decide on investment policies for group-B or group-C public investment programs and projects using budgets of attached wards in accordance with the Law on Public Investment; to organize the implementation of public investment programs and projects according to delegated management powers; to approve medium-term and annual public investment plans of People’s Committees of attached wards;

3. To supervise the observance of the Constitution and law and the implementation of its resolutions in attached wards; to supervise the operation of People’s Committees and chairpersons of People’s Committees of attached wards.

Article 7. People’s Committee and chairpersons of People’s Committee of a city under the City

1. The People’s Committee of a city under the City shall perform the tasks and exercise the powers defined in the Law on Organization of Local Administration and other relevant laws, and the following tasks and powers:

a/ To formulate, and submit to the same-level People’s Council for decision, the contents specified in Clauses 1 and 2, Article 6 of this Resolution and organize the implementation of resolutions of the People’s Council of the city;

b/ On the basis of resolution of the same-level People’s Council on medium-term and annual socio-economic development plans, to decide on the assignment of socio-economic development tasks to People’s Committees of attached wards;

c/ To decide on, and organize the performance of, national defense and security tasks, implementation of measures to ensure social order and safety, crime prevention and combat, and fight against other illegal acts in attached wards.

2. The chairperson of the People’s Committee of a city under the City shall perform the tasks and exercise the powers defined in the Law on Organization of Local Administration and other relevant laws, and the following tasks and powers:

a/ To appoint, relieve from duty, transfer, rotate, second, commend, discipline and suspend from work chairpersons and vice chairpersons of People’s Committees of attached wards;

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

c/ To suspend the implementation, or annul part or the whole, of unlawful documents issued by People’s Committees of attached wards.

Article 8. Organizational structure and working regime of People’s Committees of wards and tasks and powers of chairpersons of People’s Committees of wards

1. The People’s Committee of a ward shall be composed of its chairperson, vice chairpersons and other civil servants. The chairperson and vice chairpersons of the People’s Committee of a ward are civil servants holding leadership and managerial titles.

Civil servants working in the People’s Committee of a ward shall be included in the state payroll of civil servants of the People’s Committee of the concerned urban district or People’s Committee of the concerned city under the City and recruited, employed and managed in accordance with regulations applicable to civil servants.

2. People’s Committees of wards shall work according to the regime of headship and adhere to the principle of democratic centralism.

3. The chairperson of the People’s Committee of a ward is the head of the People’s Committee of such ward, who leads and administers operation of the People’s Committee of the ward. The chairperson of the People’s Committee of a ward shall take responsibility before the chairperson of the People’s Committee of the concerned urban district or chairperson of the People’s Committee of the concerned city under the City and before law for the performance of the tasks and exercise of the powers of the People’s Committee of the ward; directly employ and manage civil servants working in the People’s Committee of the ward in accordance with the Government’s regulations and as delegated or authorized by the superior People’s Committee or the chairperson of the superior People’s Committee; and sign documents of the People’s Committee of the ward.

4. The People’s Committee of a ward may have no more than 2 vice chairpersons. Vice chairpersons of the People’s Committee of a ward shall assist the chairperson of People’s Committee of such ward in performing tasks as assigned by the latter; take responsibility before the chairperson of the People’s Committee of the ward and before law for their assigned tasks. When the chairperson of the People’s Committee of a ward is absent, he/she may authorize 1 vice chairperson to administer and handle affairs of the People’s Committee of such ward on the former’s behalf.

Article 9. Tasks and powers of the People’s Committee of a ward

1. To perform the tasks and exercise the powers of a budget-estimating unit under the People’s Committee of the concerned urban district or the People’s Committee of the concerned city under the City in accordance with the Law on the State Budget.

2. To propose investment policies for public investment programs and projects funded by the state budget to the People’s Committee of the concerned urban district or the People’s Committee of the concerned city under the City for submission to competent authorities for decision in accordance with the Law on Public Investment; to give opinions on investment policies for projects to be decided by competent agencies or individuals, for which the Law on Public Investment requires contribution of opinions by commune-level People’s Councils; to organize the implementation of public investment programs and projects according to delegated management powers.

3. To propose to, and coordinate with competent agencies in performing, national defense and security tasks, measures to ensure social order and safety, crime prevention and combat, and fight against other illegal acts in the ward according to delegated management powers.

4. To coordinate with the same-level Vietnam Fatherland Front Committee in forming National Assembly deputy election teams and People’s Council deputy election teams.

5. To perform the tasks and exercise the powers delegated or authorized by superior state agencies.

6. To perform the tasks of organizing and ensuring the implementation of the Constitution, law and documents of superior state agencies in the ward.

7. People’s Committees of wards are not competent to promulgate legal documents.

8. To perform other tasks and exercise other powers in accordance with law that are not contrary to this Resolution.

Article 10. Implementation provisions

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

2. The organization of urban administration specified in this Resolution shall apply from July 1, 2021.

3. In case this Resolution and laws and other resolutions of the National Assembly promulgated before the effective date of this Resolution have different provisions on the same issue, the provisions of this Resolution shall prevail.

4. Within the ambit of its tasks and powers, the Government shall:

a/ Direct and guide the organization of urban administration in the City in accordance with this Resolution;

b/ Prescribe in detail the organization and operation of People’s Committees of urban districts, People’s Committees of wards and specialized agencies of People’s Committees of urban districts, and responsibilities of chairpersons of People’s Committees of urban districts and chairpersons of People’s Committees of wards; full-time members of boards of the People’s Council of the City; appointment, relief from duty, transfer, rotation, secondment, commendation, disciplining and suspension from 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; format, order and procedures for promulgation of legal documents of People’s Committees of urban districts; and recruitment, employment and management of civil servants in urban districts and wards;

c/ Prescribe in detail the formulation, implementation and account finalization of state budget funds in accordance with this Resolution; the organization of performance of national defense and security tasks, implementation of measures to ensure social order and safety, crime prevention and combat, and fight against other illegal acts in urban districts and wards;

d/ Decide according to its competence on, or submit to the National Assembly or National Assembly Standing Committee for promulgation of, specific mechanisms and policies applicable to cities under the City;

dd/ Once every 3 years after this Resolution is adopted by the National Assembly, report to the National Assembly on the results of implementation of this Resolution.

5. Within the ambit of their tasks and powers, the People’s Council, People’s Committee, and chairperson of the People’s Committee of the City shall:

a/ Organize the implementation of this Resolution and other relevant regulations;

b/ Promulgate necessary regulations to organize the urban administration in the City under this Resolution and the Government’s guidance; delegate powers to and authorize local administrations of urban districts, cities under the City and wards to meet urban management requirements and practical capability of each locality;

c/ Direct and arrange cadres and civil servants working in urban districts and wards under the Law on Cadres and Civil Servants and regulations of competent agencies; implement regimes and policies toward redundant cadres and civil servants upon the implementation of this Resolution in accordance with regulations and guidance of the Government;

d/ Propose competent agencies to amend or supplement other necessary policies during the implementation of this Resolution.

Article 11. Transitional provisions

1. People’s Councils and People’s Committees of urban districts and wards of the 2016-2021 tenure shall complete their tasks by June 30, 2021.

2. From July 1, 2021, People’s Committees of urban districts and People’s Committees of wards shall perform the tasks and exercise the powers defined in this Resolution. Pending the appointment of the new chairperson or vice chairpersons of the People’s Committee of an urban district or a ward, the chairperson or vice chairpersons the People’s Committee of such urban district or ward of the 2016-2021 tenure shall continue to perform the tasks and exercise the powers defined in this Resolution.

Documents promulgated by administrations of urban districts and wards before July 1, 2021, which are not replaced by other documents or annulled by competent agencies, remain valid.

3. From July 1, 2021, chairpersons and vice chairpersons of People’s Committees of wards and commune-level civil servants of wards who are elected or recruited before July 1, 2021, will shift to work as civil servants in such wards; if being transferred to new working positions, such civil servants must satisfy the conditions and criteria for such positions in accordance with the Government’s regulations.  

4. The employment and management of, and regimes and policies toward, commune-level cadres specified at Points a, d, dd, e, g and h, Clause 2, Article 61 of the Law on Cadres and Civil Servants working in wards of the City must still comply with the Law on Cadres and Civil Servants and relevant legal documents.

This Resolution was adopted on November 16, 2020, by the XIV ^th National Assembly of the Socialist Republic of Vietnam at its 10^th session.-

Chairwoman of the National Assembly
NGUYEN THI KIM NGAN