Resolution No. 97/2019/QH14 piloting the urban administration model in Hanoi

RESOLUTION

Piloting the urban administration model in Hanoi^[1]

THE NATIONAL ASSEMBLY

Pursuant to the Constitution of the Socialist Republic of Vietnam;

Pursuant to Law No. 80/2015/QH13 on Promulgation of Legal Documents;

RESOLVES:

Article 1.To pilot the urban administration model in Hanoi

1. To organize the urban administration model in Hanoi as follows:

a/ The administration of Hanoi or one of its rural districts, urban districts, towns, communes and townships is a local administration which consists of People’s Council and People’s Committee;

b/ Local administration of a ward of an urban district or a town in Hanoi is ward People’s Committee.

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

2. The urban administration model in Hanoi shall be piloted from July 1, 2021, until the National Assembly decides to terminate the pilot implementation.

Article 2.Tasks and powers of People’s Councils of urban districts or towns

The People’s Council of an urban district or a town 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, allocate and adjust budget revenue and expenditure estimates; to approve final accounts of budget revenues and expenditures of the urban district or town, including budgets of attached wards in accordance with the Law on the State Budget;

2. To decide on investment policies for programs and group-B or group-C projects using public investment funds in attached wards in accordance with the Law on Public Investment;

3. To approve tentative establishment, dissolution, consolidation, separation or adjustment of boundaries of administrative units of wards of the urban district or town;

4. To supervise the observance of the Constitution and law, and the implementation of its resolutions by wards; to supervise operation of ward People’s Committees and chairpersons of ward People’s Committees.

Article 3.Tasks and powers of People’s Committees of urban districts or towns

The People’s Committee of an urban district or a town 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 develop and propose to the same-level People’s Council for decision the contents specified in Clauses 1 and 2, Article 2 of this Resolution and organize the implementation of resolutions of the People’s Council.

Based on resolutions of the same-level People’s Council, to assign and adjust budget collection and spending tasks of its attached wards, and decide on the budget implementation policy and measures;

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

Article 4.Tasks and powers of People’s Committee chairpersons of urban districts or towns

The People’s Committee chairperson of an urban district or town 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 appoint, relieve from duty, transfer, rotate, commend and discipline chairpersons and vice chairpersons of ward People’s Committees;

2. To recruit, employ, manage, commend and discipline civil servants of wards;

3. To suspend the implementation of, or partially or wholly annul, unlawful documents of ward People’s Committees.

Article 5.Tasks and powers of ward People’s Committees

1. The People’s Committee of a ward has the following tasks and powers:

a/ To perform the tasks and exercise the powers of a budget-estimating unit under the People’s Committee of an urban district or a town in accordance with the Law on the State Budget;

b/ To propose to the People’s Committee of an urban district or a town investment policies for public investment programs and projects funded by the state budget; to give opinions on investment policies for projects decided by competent agencies or individuals, for which the commune People’s Council’s opinions are required in accordance with the Law on Public Investment; to organize the implementation of public investment programs and projects according to the delegation of management powers;

c/ To propose to, and coordinate with competent agencies in performing, tasks of national defense and public security, measures to ensure social order and safety, crime prevention and combat and fight against other illegal acts in the locality according to the delegation of management powers;

d/ To coordinate with the local Vietnam Fatherland Front Committee in forming National Assembly deputy election teams and People’s Council deputy election teams; to organize the election of deputies to the National Assembly and People’s Council in accordance with law;

dd/ To perform the tasks and exercise the powers delegated or authorized by the People’s Committee or People’s Committee chairperson of Hanoi, an urban district or a town;

e/ To perform the tasks of organizing and ensuring the implementation of the Constitution, laws, and documents of superior state agencies in the ward and other tasks and powers of the People’s Committee and People’s Committee chairperson of the ward in accordance with law, except those provided in Clause 2, Article 36, and Article 63, of the Law on Organization of Local Administration.

2. Ward People’s Committees are not competent to promulgate legal documents.

Article 6.Organizational structure and working regime of ward People’s Committees

1. A ward People’s Committee shall be composed of its chairperson, vice chairpersons and other civil servants. The People’s Committee of a grade-I or -II ward must have 2 vice chairpersons at most; and of a grade-III ward, 1 vice chairperson.

The chairperson and vice chairpersons of a ward People’s Committee are civil servants holding the leadership and managerial title of the ward People’s Committee.

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

3. The chairperson of the ward People’s Committee is the head of the ward People’s Committee, who takes responsibility before the People’s Council, People’s Committee and People’s Committee chairperson of the urban district or town and law for the performance of the tasks and exercise of the powers of the ward People’s Committee; directly manages and employs civil servants of the ward under the Government’s regulations and as delegated or authorized by the People’s Committee or People’s Committee chairperson of Hanoi, an urban district and a town; and signs documents of the ward People’s Committee.

4. The vice chairpersons of a ward People’s Committee shall assist the ward People’s Committee chairperson in performing jobs as assigned by the latter and take responsibility before the latter for their assigned tasks. When the People’s Committee chairperson is absent, a vice chairperson shall be authorized by the chairperson to manage and handle affairs of the People’s Committee on behalf of the chairperson.

Article 7.Organization of implementation

1. Within the ambit of their tasks and powers, the Hanoi People’s Council and People’s Committee shall :

a/ Promulgate regulations on pilot implementation of the urban administration model in Hanoi under this Resolution and the Government’s guidance; delegate powers to and authorize local administrations of urban districts, towns and wards in accordance with the urban management mechanism and practical capability of each locality;

b/ Arrange agencies, organizations as well as cadres and civil servants of wards under regulations of competent agencies; implement regimes and policies toward redundant cadres and civil servants and part-timers in wards upon the pilot implementation in accordance with law;

c/ Review the pilot implementation of the urban administration model in Hanoi at the request of competent state agencies.

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

a/ Guide and direct the pilot implementation of the urban administration model in Hanoi under this Resolution;

b/ Prescribe in detail the organization, operation and responsibility of People’s Committees and People’s Committee chairpersons of wards;

c/ Specify the recruitment, employment and management of civil servants of wards; order and procedures for appointment, relief from duty, transfer and rotation of People’s Committee chairpersons and vice chairpersons of wards;

d/ Provide how to organize the performance of tasks of national defense and public security,  implement measures to ensure social order and safety, crime prevention and combat, and fight against other illegal acts at administrative units where the pilot implementation is carried out;

dd/ Submit to the National Assembly Standing Committee or National Assembly for consideration and decision according to its competence issues that remain inappropriate or arise from the pilot implementation;

e/ No later than the fourth quarter of 2023, make a preliminary report on pilot implementation of the urban administration model in Hanoi and submit it to the National Assembly Standing Committee and National Assembly for consideration and decision.

3. The National Assembly Standing Committee, Ethnic Council, Committees of the National Assembly, National Assembly deputies delegation of Hanoi and National Assembly deputies shall, within the ambit of their tasks and powers, supervise the implementation of this Resolution.

Article 8.Effect

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

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

Article 9.Transitional provisions

1. People’s Councils and People’s Committees of urban districts and towns shall perform the tasks and exercise the powers defined in this Resolution from the beginning of the 2021-2026 term.

2. Ward People’s Councils and People’s Committees of the 2016-2021 term shall complete their tasks by June 30, 2021.

From July 1, 2021, ward People’s Committees shall perform the tasks and exercise the powers defined in this Resolution. In case the People’s Committee chairperson of an urban district or a town has not yet appointed the People’s Committee chairperson or vice chairpersons of a ward, the People’s Committee chairperson or vice chairpersons of the 2016-2021 term shall continue to perform the tasks and exercise the powers of the ward People’s Committee defined in this Resolution until new chairperson or vice chairpersons is/are appointed.

Documents of ward administrations of the 2016-2021 term that are issued before July 1, 2021, and not replaced by other documents or annulled by competent agencies, remain valid.

3. Urban districts, towns, cities and wards of Hanoi that are established from the effective date of this Resolution are not subject to the pilot implementation under this Resolution. The organization and operation of administrations of these administrative units must comply with the Law on Organization of Local Administration and other relevant laws.

This Resolution was adopted on November 27, 2019, by the XIV^thNational Assembly of the Socialist Republic of Vietnam at its 8^thsession.-

Chairwoman of the National Assembly
NGUYEN THI KIM NGAN