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THE GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 33/2021/ND-CP
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Hanoi, March 29,
2021
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DECREE
ON
ELABORATION AND MEASURES FOR IMPLEMENTATION OF THE NATIONAL ASSEMBLY’S
RESOLUTION NO. 19/2020/QH14 DATED JUNE 19, 2020 ON PILOT URBAN ADMINISTRATION
MODEL FOR HO CHI MINH CITY
Pursuant to the Law on Government Organization
dated June 19, 2015;
Pursuant to the Law on Local Government
Organization June 19, 2015;
Pursuant to the Law on amendments to the Law on
Government Organization and the Law on Local Government Organization dated
November 22, 2019;
Pursuant to the National Assembly’s Resolution
No. 131/2020/QH14 dated November 16, 2020 on pilot urban administration model
for Ho Chi Minh City;
At the request of the Minister of Home Affairs;
The Government promulgates a Decree on
elaboration and measures for implementation of the National Assembly’s
Resolution No. 19/2020/QH14 dated November 16, 2020 on pilot urban
administration model for Ho Chi Minh City.
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GENERAL PROVISIONS
Article 1. Scope
This Decree elaborates and provides for measures
for implementation of the National Assembly’s Resolution No. 131/2020/QH14
dated November 16, 2020 on pilot urban administration model for Ho Chi Minh
City.
Article 2. Regulated entities
This Decree applies to:
1. The People's Council and the People's Committee
of Ho Chi Minh City.
2. The People's Committees of districts of Ho Chi
Minh City.
3. The People's Councils and the People's
Committees affiliated to Ho Chi Minh City.
4. The People's Committees of wards affiliated to
districts, the People's Committees of wards affiliated to cities affiliated to
Ho Chi Minh City (hereinafter referred to as the People's Committees of wards).
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Article 3. Management of
officials
1. Officials of the People's Committees of wards
are on the state regular payroll of the People's Committees of districts, the
People’s Committee of the city affiliated to Ho Chi Minh City and managed and
employed by the People's Committees of districts or the People’s Committee of
the city affiliated to Ho Chi Minh City.
2. The President of the People's Committee of Ho
Chi Minh City shall decide to appoint, re-appoint, dismiss, transfer, second,
commend, reward, discipline or suspend work for the President of People's
Committee of district (hereinafter referred to as the President of district),
the Vice President of People's Committee of district (hereinafter referred to
as the Vice President of district), and delegate power to the President of
district, the President of the People’s Committee of the city affiliated to Ho
Chi Minh City in accordance with the law.
3. The President of district and the President of
the People’s Committee of the city affiliated to Ho Chi Minh City shall decide
to appoint, re-appoint, dismiss, transfer, second, commend, reward, discipline
or suspend work for the President of People's Committee of ward (hereinafter
referred to as the President of ward), the Vice President of People's Committee
of ward (hereinafter referred to as the Vice President of ward), heads and
deputies of heads of specialized agencies affiliated to district-level People's
Committees and delegate power to the President of ward in accordance with the
law.
4. The People's Committee of Ho Chi Minh City and
the People’s Committee of the city affiliated to Ho Chi Minh City shall
recruit, employ and manage officials working at the People’s Committee of
district, the People’s Committee of the city affiliated to Ho Chi Minh City,
and the People’s Committee of ward, in accordance with the law on authority and
delegation and authorization.
5. The Department of Home Affairs of Ho Chi Minh City,
within its assigned functions and duties, is responsible for guiding and
inspecting the recruitment, employment and management of officials working at
the People's Committees of districts, the People’s Committee of the city
affiliated to Ho Chi Minh City, and the People’s Committees of wards.
Article 4. Full-time members of
the Boards affiliated to the People’s Council of Ho Chi Minh City
1. Each Board affiliated to the People’s Council of
Ho Chi Minh City has 01 full-time member; the full-time member shall be
considered and approved by the Standing board of People’s Council of Ho Chi
Minh City at the request of the Chief Board of People’s Council.
2. Full-time members of the Boards affiliated to
the People’s Council of Ho Chi Minh City consist of:
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b) Full-time members of the Board of Economics and
Budget;
c) Full-time members of the Board of Culture and
Society;
d) Full-time members of the Board of Urban areas.
3. Qualifications for a full-time member:
b) Be an incumbent Ho Chi Minh City’s People’s
Council deputy;
b) Obtain at least a bachelor’s degree; be capable
of participating in policy-making and organizing supervision activities, having
professional skills, practical experiences and capacity suitable to the title
of full-time member specified in Clause 2 of this Article.
4. Full-time members shall be entitled to salaries
in accordance with current laws applicable to officials and be entitled to a
position-based allowance as equal as the head of provincial-level department.
Article 5. Officials of Party
organizations, Vietnam Fatherland Front Committee and socio-political
organizations of wards
The employment, management, and policies applicable
to communal officials of the Party organizations, the Vietnam Fatherland Front
Committee, and the socio-political organizations in wards comply with the
regulations of the Party, laws, and guidance of competent authorities.
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In consideration of circumstances, situation and
the city budget, the People's Committee of Ho Chi Minh City shall seek approval
from the People's Council at the same level for the number, titles, and
benefits, policies for part-time officials in wards and neighborhoods as
prescribed by law.
Chapter II
ORGANIZATION AND
OPERATION OF THE PEOPLE'S COMMITTEE OF DISTRICT, RESPONSIBILITIES OF THE
PRESIDENT OF DISTRICT
Article 7. Organizational
structure of the People's Committee of district
1. Organizational structure of the People's
Committee of district:
a) The President of district;
a) The Vice President of district;
c) The Police Chief of district;
d) The Commander of the Military Command of
district;
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e) Other administrative agencies and public sector
entities of the People’s Committee of district.
2. The People's Committee of Ho Chi Minh City
shall, pursuant to the Government's Decree No. 37/2014/ND-CP dated May 5, 2014
on organization of specialized agencies under the People’s Committee of
suburban districts, urban districts, towns and provincial cities and Decree No.
108/2020/ND-CP dated September 14, 2020 of the Government on amendments to
Decree No. 37/2014/ND-CP to regulate specific names and number of specialized
agencies under the People’s Committee of district accordingly. Particularly,
the Office of the People's Council and the People’s Committee of district are
called the Office of the People’s Committee of district.
3. The establishment of other administrative
agencies under the People’s Committee of district shall comply with the
provisions of law on the establishment, reorganization, dissolution of
administrative organizations and in accordance with specialized laws.
4. The establishment of public sector entities
under the People’s Committee of district shall comply with the regulations on
the establishment, reorganization and dissolution of public sector entities and
the provisions of specialized legal documents.
Article 8. Principle of
operation of the People’s Committee of district
1. The People’s Committee of district works under
the principle of unity of command and democratic centralism.
2. The President of district is the head of the
People’s Committee of district, responsible for leading, managing and
administering the People’s Committee of district to perform assigned functions,
tasks, and powers.
3. The Vice President of district assists the
President of district to handle the affairs as assigned by the President of
district, is held accountable to the President of district and to the law for
the assigned tasks. When the President is absent, a Vice President is
authorized in writing by the President to administer, handle affairs, and sign
documents of the People’s Committee of district.
In case the President of district is vacant, the
President of the People's Committee of Ho Chi Minh City shall decide to
delegate the power of the President of district to a Vice President of the
district until there is a decision to appoint the President of district.
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The collectives defined in this Clause include:
the President of district, the Vice President of district, the Chief
Police of district, the Commander of Military Command of district, and the
heads of specialized agencies under the People’s Committee of district. In
addition, based on the content of the meeting, the President of district can
invite other stakeholders.
5. Activities of the People’s Committee of district
to meet the satisfaction of the people, comply with the order, procedures,
right authority assigned, in accordance with the law and the working
regulations of the People's Committee of district.
6. Promote administrative reform, apply online
public services to resolve administrative procedures for individuals and
organizations in the district and in accordance with the law, ensure the
operations of the People’s Committee of district must be democratic, open, transparent,
unified, and thorough.
7. When necessary, the President of district
authorizes the Vice President of district, the head of the specialized agency,
other administrative agency, and public-sector entity of the People’s Committee
of district and the President of the ward to handle one or several tasks within
the jurisdiction of the People's Committee of district.
Article 9. Holding meetings of
the People's Committee of district
1. The holding of meetings of the People’s
Committee of district shall comply with the working regulations, convened by
the President of district to perform assigned functions and tasks.
2. The President of district invites the Secretary
of the Party Committee of district, the President of the Vietnam Fatherland
Front Committee of district, the heads of socio-political organizations of
district, the National Assembly deputies and People's Council deputies of Ho
Chi Minh City to attend the meeting of the People’s Committee of district when
the meeting agenda has related issues.
3. The conclusion of a meeting related to the
people must be reported on the web portal of the People’s Committee of district
(except for information belonging to State secrets) in accordance with the law
and working regulations of the People’s Committee of district to make public
information to agencies, organizations and the people in a timely manner.
Article 10. Holding a dialogue
conference between the President of district and the People
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Based on the size of the population, the President
of district can hold dialogues with the people by ward or neighborhood. The
People's Committee of district must announce on the mass media and the People's
Committees of wards so that the People's Committees of wards notify residential
communities and neighborhoods of the time, location and content of the dialogue
conference with the people at least 07 days before the date of the conference.
2. The results of a dialogue conference between the
President of district and the People must be sent to the Standing Committee of
the People's Council, the People's Committee, the President of the People's
Committee of Ho Chi Minh City, and the Leader of the group of the People's Council
deputies of Ho Chi Minh City in the district 7 days before the opening of the
nearest regular meeting of the People's Council of Ho Chi Minh City.
Article 11. Responsibilities
of the President of district and the Vice President of district
1. The President of district is responsible for
implementing the provisions of the Law on officials, other relevant law
provisions, abiding by the working regulations of the People’s Committee of
district and has the following responsibilities:
a) Be held accountable to the law, the People's
Council, the People's Committee, the President of the People's Committee of Ho
Chi Minh City for the performance of duties and powers of the People’s
Committee of district.
b) Be responsible for the management of officials
and public employees of the district and wards according to the provisions of
this Decree and according to the delegation and authorization;
c) Promulgate working regulations of the People’s
Committee of district; sign documents of the People’s Committee of district
with the title of President and is responsible for the documents of the
People’s Committee of district.
2. The Vice President of district is responsible
for performing the duties assigned, authorized by the President of district and
responsible for his or her directions and decisions.
3. The President of district or the Vice President
of district, who breaches the responsibilities specified in Clause 1 or 2 of
this Article, shall be handled according to the provisions of the Law on
officials, the provisions of relevant laws and guiding documents.
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1. The President of district is subject to the direct
leadership and direction of the People's Committee and the President of the
People's Committee of Ho Chi Minh City. When encountering issues beyond his/her
authority, the President of district must report to the People's Committee and
the President of the People's Committee of Ho Chi Minh City to seek direction;
report to the People's Committee and President of the People's Committee of Ho
Chi Minh City according to regulations.
2. The People’s Committee of district, the
specialized agencies of the People’s Committee of district shall abide by the
inspection by the People's Committee, the President of the People's Committee
of Ho Chi Minh City and the specialized agencies of the People's Committee of
Ho Chi Minh City in performing tasks.
Article 13. Working
relationship of the People’s Committee of district with the Party Committee of
district, the Vietnam Fatherland Front Committee and socio-political
organizations of district
Follow the working regulations of the People’s
Committee of district with the Party Committee of district, the Vietnam
Fatherland Front Committee, and socio-political organizations of district and
perform the following tasks:
1. The People’s Committee of district is subject to
the leadership of the Party Committee of district and reports to the Party
Committee of district on the performance of the tasks assigned by the People's
Committee, President of the People's Committee of Ho Chi Minh City.
2. The People’s Committee of district shall closely
coordinate with the Vietnam Fatherland Front Committee and socio-political
organizations of district in performing the tasks as prescribed.
Article 14. Procedures for
promulgating legal documents of the People’s Committee of district
1. The form of legislative document of the People's
Committee of district is decision.
2. Drafting the decision of the People’s Committee
of district
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b) Based on the nature and content of the draft
decision, the drafting agency shall seek consultation of the concerned agencies
or organizations and the entities directly affected by the decision. The
concerned agencies and organizations from whom the consultations are sought
shall have to respond in writing within 07 days from the date of receipt of the
draft decision. In case of taking opinions from entities directly affected by
the decision, the agency seeking consultation is responsible for identifying
issues that need to be consulted and to ensure at least 07 days from the date
of consultation so that the entities give consultations about the draft
decision.
3. Appraise draft decisions of the People’s
Committee of district
a) The Department of Justice is responsible for
appraising the draft decision of the People’s Committee of district before
submitting it. At least 10 days before the meeting date of the People’s
Committee of district, the drafting agency must send draft decision documents
to the Department of Justice for appraisal;
b) Documents submitted for appraisal include:
statement and draft decision; a summary of consultation responses about
the draft decision; other documents (if any);
c) Contents and reports on appraisal in compliance
with Clauses 3, 4 and 5 Article 121 of the Law on Promulgation of Legislative
Documents and Clause 36 Article 1 of the Law on amendments to the Law on
Promulgation of Legislative Documents;
d) At least 05 days before the meeting date of the
People’s Committee of district, the Department of Justice sends the appraisal
report to the drafting agency.
4. Documents about draft decision to be submitted
to the People’s Committee of district, the President of district
a) The drafting agency sends documents about the
draft decision to the People’s Committee of district at least 03 working days
before the meeting date of the People’s Committee of district to send it to the
President, the Vice President and the heads of specialized agencies of the
People’s Committee of district;
b) Documents about draft decision to be submitted
to the People’s Committee of district include: Documents specified in Point b Clause
3 of this Article; appraisal report of the Department of Justice.
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a) The draft decision of the People’s Committee of
district is consulted in a collective discussion at the meeting of the People’s
Committee of district held by the President of district;
b) The President of district signs for promulgation
of the decision of the People’s Committee of district as the head of the
issuing agency.
Chapter III
ORGANIZATION AND
OPERATION OF THE PEOPLE'S COMMITTEE OF THE CITY AFFILIATED TO HO CHI MINH CITY,
RESPONSIBILITIES OF THE PRESIDENT OF THE PEOPLE'S COMMITTEE OF THE CITY
AFFILIATED TO HO CHI MINH CITY
Article 15. Specialized
agencies affiliated to the People’s Committee of the city affiliated to Ho Chi
Minh City
1. Specialized agencies affiliated to the People’s
Committee of the city affiliated to Ho Chi Minh City include:
a) Office of the People’s Council and the People's
Committee;
b) Division of Home Affairs;
c) Division of Justice;
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dd) Division of Labor, War Invalids, and Society;
e) Division of Culture and Information;
g) Division of Urban area management;
h) Division of Natural resources and Environment;
i) Division of Education and Training;
k) Inspectorate of district;
l) Division of Economics;
m) Division of Health;
n) Division of Science and Technology.
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3. The number of deputies of the heads of specialized
agencies affiliated to the People’s Committee of the city affiliated to Ho Chi
Minh City shall be decided by the People’s Committee of the city affiliated to
Ho Chi Minh City but up to 03 persons.
Article 16. Management of
finance and state budget
1. The People's Committee of Ho Chi Minh City shall
seek approval from the People’s Council of the same level for the delegation of
revenue sources and obligatory expenditures between the budget of Ho Chi Minh
City and the budget of the People’s Committee of the city affiliated to Ho Chi
Minh City.
2. The People's Committee of Ho Chi Minh City shall
seek approval from the People’s Council of the same level for the given rate of
budgetary allocation in conformity with the budget of the People’s Committee of
the city affiliated to Ho Chi Minh City to ensure the resources for realization
of socio-economic development objectives of the People’s Committee of the city
affiliated to Ho Chi Minh City.
3. The People’s Committee of the city affiliated to
Ho Chi Minh City shall implement the regimes for creation of the sources of
wage reform as prescribed. After the budget of the People’s Committee of the
city affiliated to Ho Chi Minh City ensures sufficient sources of wage reform
and implementation of social security policies for the period of budget
stability as prescribed by the competent authorities, the People's Council of
the city affiliated to Ho Chi Minh City may decide the use of the residual wage
reform source of the budget of the city affiliated to Ho Chi Minh City to
invest in socio-economic infrastructure under the obligatory expenditures of
the city budget.
Chapter IV
ORGANIZATION AND
OPERATION OF THE PEOPLE'S COMMITTEE OF WARD, RESPONSIBILITIES OF THE PRESIDENT
OF WARD
Article 17. Organizational
structure of the People's Committee of ward
1. Organizational structure of the People's
Committee of ward:
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b) The Vice President of ward;
c) The Police Chief of ward;
d) The Commander of the Military Command of ward;
dd) Officials: Office - Statistics; Land
Administration - Construction - Urban and Environment; Finance - Accounting;
Justice - Civil registration; Culture - Society.
2. An official working at the People’s Committee of
ward is the person recruited or appointed to hold the title within the
organizational structure of the People’s Committee of ward (except for Point c,
Clause 1 of this Article).
Article 18. Principle of
operation and working of the People’s Committee of ward and the President of
ward
1. The People's Committee of ward work under
principle of unity of command. The President of ward is the head, responsible
for leading, managing and administering the work of the People’s Committee of
ward working according to the working regulations of the People’s Committee of
ward, ensuring the principle of democratic centralism and comply with the
provisions of the law.
2. The President of ward shall hold collective
discussion about the issues specified in clauses 1, 2, and 3 Article 9 of
Resolution No. 131/2020/QH14 before the President of ward decides and takes
responsibility for his/her decision.
The collectives defined in this Clause include:
The President of ward, the Vice President of ward, the Chief Police of
ward, the Commander of Military Command of ward, and other relevant officials.
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The official in charge of Justice - Civil
registration must have experience from 3 years of working in the field of
Justice - Civil registration.
4. The Vice President of ward assists the President
of ward to handle the affairs as assigned by the President of ward, is held
accountable to the President of ward and to the law for the assigned tasks.
When the President of ward is absent, a Vice
President is authorized by the President to act on behalf of the President to
administer and handle the affairs of the People’s Committee of ward.
5. In case a President of ward is vacant, the
President of district, the President of the People’s Committee of the city
affiliated to Ho Chi Minh City shall issue a decision to delegate the authority
of the President of ward to a Vice President of ward until a new President of
ward is available.
6. Activities of the People’s Committee of ward to
meet the satisfaction of the people, comply with the order, procedures, right
authority assigned, in accordance with the law and the working regulations of
the People's Committee of ward.
7. Promote administrative reform, apply online
public services to resolve administrative procedures for individuals and
organizations in the district and in accordance with the law, ensure the
operations of the People’s Committee of ward must be democratic, open,
transparent, unified, and thorough.
Article 19. Holding meetings
of the People's Committee of ward
1. The holding of meetings of the People’s
Committee of ward shall comply with the working regulations, convened by the
President of ward to perform assigned functions and tasks.
2. When the content of the meeting has relevant
issues, the President of ward invites the Secretary of the Party Committee, the
President of the Vietnam Fatherland Front Committee of ward, the heads of
socio-political organizations of ward, the Secretary of party cell, neighborhood
head, the heads of specialized agencies affiliated to the People’s Committee of
district, the People’s Committee of the city affiliated to Ho Chi Minh City to
attend regular meetings and other meetings of the People’s Committee of ward.
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Article 20. Holding a dialogue
conference between the President of ward and the People
1. On an annual basis, before the regular meeting
of the People's Council of Ho Chi Minh City, the President of ward is
responsible for holding a dialogue conference with the people in the ward about
the operation of the People’s Committee of ward and wards, and issues related
to the rights and wishes of citizens in the ward. Depending on the population
size, a dialogue can be organized with the People through the representatives
of neighborhoods. The People's Committee of ward must announce on the mass
media and neighborhood heads of the time, location and content of the dialogue
conference with the people at least 07 days before the date of the conference.
2. The results of a dialogue conference between the
President of ward and the People must be sent to the Standing Committee of the
People's Council, the People's Committee, the President of the People's
Committee of Ho Chi Minh City, and the Leader of the group of the People's
Council deputies of Ho Chi Minh City of district.
The results of a dialogue conference between the
President of ward affiliated to the People’s Committee of the city affiliated
to Ho Chi Minh City and the People must be sent to the Standing Committee of
the People's Council, the People's Committee, the President of the People's
Committee of the city affiliated to Ho Chi Minh City, and the Leader of the
group of the People's Council deputies of the city affiliated to Ho Chi Minh
City.
Article 21. Responsibilities
of the President of ward
1. The President of ward is the head of the
People’s Committee of ward, is held accountable to the law and President of the
district, the President of the People's Committee of the city affiliated to Ho
Chi Minh City about all activities of the People’s Committee of ward.
2. Directly employ and manage officials of ward
according to the provisions of this Decree and under the delegation and
authorization of the People's Committee, the President of district, and the
President of the People's Committee of the city affiliated to Ho Chi Minh City.
3. The President of ward is responsible for the
comprehensive management of all activities of the People’s Committee of ward.
4. Sign the documents of the People’s Committee of
ward with the title of President, the head of the regulatory agency in the ward
and take responsibility for the documents of the People’s Committee of ward.
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Article 22. Responsibilities
of the Vice President of ward
1. Perform duties and powers of the People’s
Committee of ward within domains assigned by the President of ward.
2. Be held accountable to the President of ward and
the law when performing tasks and public duties within assigned domains.
3. Sign for the President of ward the documents of
the People’s Committee of ward when assigned by the President of ward.
4. Fulfill the obligations of officials and avoid
doing prohibited acts by officials according to the Law on officials and other
relevant law provisions.
Article 23. Responsibilities
of other officials of the People’s Committee of ward
1. Be held accountable to the President of ward and
the Vice President of ward in charge during performing state management tasks
in the specialized fields assigned by the President of ward in accordance with
law.
2. Take initiative in advising, proposing to settle
the assigned tasks strictly according to the regulations on time, results and
competence; be dedicated to serve the people, not causing difficulties or
troubles to the people. If any issue goes beyond the authority, the official
must report to the President of ward or the Vice President of ward in charge
for consideration and decision.
3. Abide by the working regulations of the People’s
Committee of ward, strictly observe the assignment of tasks of the President of
ward; handle tasks according to their assigned responsibilities and tasks, and
ensure the work progress and quality.
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5. The official in charge of Justice - Civil
registration is held accountable to the President of ward and the law for the
implementation of the authorization in Clause 3 Article 18 of this Decree, and
may not authorize another individual to perform such authorization.
6. Be responsible for the preparation, preservation
and archival of documents related to professional work; to promptly and
accurately report the situation of assigned work fields according to
regulations to the President of ward and the Vice President of ward in charge.
7. Fulfill the obligations of officials and avoid
doing prohibited acts by officials according to the Law on officials and other
relevant law provisions.
Article 22. Working
relationship of the People’s Committee of ward and the President of ward with
the People’s Committee of district and the President of district and the
People’s Committee of the city affiliated to Ho Chi Minh City, the President of
the People's Committee of the city affiliated to Ho Chi Minh City
1. The President of ward is subject to the direct
leadership and direction of the President of district, the President of the
People's Committee of the city affiliated to Ho Chi Minh City. When
encountering issues beyond his/her authority, the President of ward must report
to the President of district, the President of the People's Committee of the
city affiliated to Ho Chi Minh City to seek direction; report to the President
of district, the President of the People's Committee of the city affiliated to
Ho Chi Minh City according to regulations.
2. The People’s Committee of ward shall inspect,
keep close contact, and comply with the practice guidance of the specialized
agency under the People’s Committee of district, the People's Committee of the
city affiliated to Ho Chi Minh City in performing tasks in the ward.
Article 25. Working
relationship of the People’s Committee of ward and the President of ward with
the People’s Council of the People’s Committee of the city affiliated to Ho Chi
Minh City
1. The People’s Committee of ward and the President
of ward shall be subject to supervision of the People’s Council of the city
affiliated to Ho Chi Minh City during their operation, performance of tasks and
powers; the compliance with the Constitution, laws, the implementation of
resolutions of the People’s Council of the city affiliated to Ho Chi Minh City
and the People’s Council of Ho Chi Minh City.
2. Quarterly reports or ad-hoc reports, upon
request, on performance shall be sent to the People’s Council of the city
affiliated to Ho Chi Minh City. The President of ward shall be accountable to
the People’s Council of the city affiliated to Ho Chi Minh City for relevant
issues.
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The People's Committee and the President of ward
are subject to the leadership of the Party Committee of ward in performing the
duties assigned by the People's Council, the People’s Committee of the city
affiliated to Ho Chi Minh City, the People’s Committee of district as per the
law.
Article 27. Working
relationship of the People’s Committee of ward and the President of ward with
the Vietnam Fatherland Front Committee and the socio-political organizations of
ward
The People's Committee and the President of ward coordinate
closely with the Vietnam Fatherland Front Committee and the socio-political
organizations in the ward in performing their duties, taking care of lives and
protecting interests of the People; enable these organizations to operate
effectively; on a monthly basis or where necessary report on the local
socio-economic development and activities of the People’s Committee of ward so
that these organizations know and coordinate, mobilize the People to strictly
abide by the Party's policies and guidelines, the State's policies and laws.
Article 28. Working
relationship of the President of ward with the neighborhood
1. The President of ward must promptly inform the
Party and State policies and guidelines, the direction documents of superior regulatory
agencies and the People’s Committee of ward to neighborhoods for
implementation; inspect the implementation of the Party's guidelines and the
State's legal policies in the local area; promote the People's mastery,
effective implementation of regulations on the democracy in the ward, autonomy
activities of the neighborhood.
2. The President of ward assigns the ward's
officials to take charge of, direct and keep informed of situation of the
neighborhoods. Every month, ward officials are assigned to work with the leader
of the local neighborhood or attend the meetings of the neighborhood in person
to listen to reports, proposals and resolve complaints of the People in
accordance with the law.
Chapter V
RECRUITMENT, EMPLOYMENT
AND MANAGEMENT OF OFFICIALS AND PUBLIC EMPLOYEES WORKING AT THE PEOPLE'S
COMMITTEE OF DISTRICT AND THE PEOPLE’S COMMITTEE OF WARD
Article 29. Regular officials
of ward
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2. The People's Committee of Ho Chi Minh City shall
submit to the People's Council of the same level for decision on the number of
regular officials of the People’s Committee of ward in each district, city
affiliated to Ho Chi Minh City out of total regular personnel allocated by the
competent authority.
3. Based on Clauses 1 and 2 of this Article and
situation of each ward, the People’s Committee of district, the People’s
Committee of the city affiliated to Ho Chi Minh City shall decide a given
number of officials of each official position working at the People’s Committee
of ward. .
Article 30. Recruitment,
employment, and management of officials and public employees working at the
People's Committee of ward, the People’s Committee of the city affiliated to Ho
Chi Minh City, and the People’s Committee of ward
1. The People's Committee of Ho Chi Minh City, the
President of the People’s Committee of Ho Chi Minh City shall, on their own or
delegation, authorization to the President of district, the President of the
People’s Committee of the city affiliated to Ho Chi Minh City, recruit, employ
and manage officials and public employees working at the People's Committee of
districts, city affiliated to Ho Chi Minh City and wards.
2. The recruitment, employment and management of
officials and public employees working at the People's Committees of districts,
city affiliated to Ho Chi Minh City, and wards shall comply with the provisions
of the Law on officials and the Government's regulations on recruitment,
employment and management of officials and the titles specified in Article 17
hereof.
For the title of Commander of Military Command of
ward, the appointment shall comply with Point e, Clause 1, Article 23 of the
Law on Militia.
3. Based on the number and position of officials
working at the People's Committees of districts and wards and recruitment
needs, the President of district, the President of the People’s Committee of
the city affiliated to Ho Chi Minh City shall develop a recruitment plan and
send it to the Department of Home Affairs for an unanimous agreement before
implementation (if delegated or authorized by the People's Committee or the
President of the People's Committee of Ho Chi Minh City).
4. The President of ward shall directly employ and
manage officials working at the People’s Committee of ward according to the
following contents:
a) Arranging, assigning tasks, and inspecting the
performance of tasks;
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c) Providing or requesting competent authorities to
provide training, retraining, planning, pay raise, assessment and grading of
quality, commendation and discipline according to regulations;
d) Make statistics and report to competent
authorities on the official staff according to regulations;
Perform other contents as delegated or authorized
by the People's Committee or the President of the People's Committee of Ho Chi
Minh City, the People’s Committee of district, city affiliated to Ho Chi Minh
City.
Article 31. Procedures for
appointment, re-appointment, transfer, rotation, secondment, dismissal, or
resignation of leadership and management positions of the People's Committees
of districts, wards
Procedures for the appointment, re-appointment,
transfer, rotation, secondment, dismissal, or resignation of the President,
Vice-President of the district or ward and other leadership and managerial
positions of the People's Committee of district complies with the Law on
officials and the Government's regulations on recruitment, employment and
management of officials.
Article 32. Term of
appointment of leaders and managers of the district or ward
1. The term of appointment of the President and
Vice Presidents of district or ward for each appointment is 5 years counting
from the effective date of the appointment decision.
2. The presidents of districts and wards do not
hold a position for more than 10 consecutive years in the same administrative
unit of the district or ward.
3. When the appointment term of the President or
Vice President of district or ward expires, the competent agencies or
organizations must proceed with the process of consideration, re-appointment,
or extension of the term, except where otherwise provided by law.
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Procedures and competence to commend and discipline
officials working at the People's Committees of districts and wards comply with
the Law on officials, the Law on Emulation and Commendation and other guiding
documents..
Article 34. Suspension from
work for officials working at the People's Committees of districts and wards
1. An official working at the People’s Committee of
district or ward who breaches a labor discipline or commits a violation of law,
with a request or confirmation of the competent authority, may be suspended
from work.
2. The President of the People’s Committee of Ho
Chi Minh City or the President of district, the President of the People’s
Committee of the city affiliated to Ho Chi Minh City, the President of ward
shall, within their delegation of official management, issue a decision on work
suspension based on the ground specified in clause 1 hereof.
Chapter VI
MAKING OF BUDGET
ESTIMATES, ENACTMENT AND STATEMENT OF BUDGET OF DISTRICT OR WARD
Article 35. Making of budget
estimates
1. The People's Committee of Ho Chi Minh City shall
submit to the People's Council of the same level for decision on the
principles, criteria and limits of the local budget allocation; delegation of
revenue sources and obligatory expenditures to each local budget level (for
budget of Ho Chi Minh City, budgets of districts, city affiliated to Ho Chi
Minh City, budgets of communes and towns); guide specific requirements,
contents, construction documents, prepare and adjust budget estimates of
districts, city affiliated to Ho Chi Minh City, wards to ensure compliance with
requirements, content and time of making local budget estimates according to
regulations of the Law on State Budget.
2. Making of annual budget estimates:
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The People's Council of the city affiliated to Ho
Chi Minh City shall decide its budget estimates, budget allocation no later
than 10 days from the date on which the People’s Council of Ho Chi Minh City
decides the budget estimates and budget allocation.
b) The People’s Committee of ward affiliated to the
district shall make the budget revenue and expenditure estimate and send it to
the Finance - Planning Division of district for consideration and consolidation
together with the budget estimates of affiliated budget estimate units of
district and submitting them to the People's Committee of district, the Department
of Finance, the Department of Planning and Investment, further to the People’s
Committee of Ho Chi Minh City and the People’s Council of the same level for
decision.
c) No later than 05 working days from the date the
People's Council of Ho Chi Minh City decides the budget estimates; the People's
Committee of Ho Chi Minh City shall assign the following year's budget
estimates to the People’s Committee of district or city affiliated to Ho Chi
Minh City.
Prior to December 31 of each year, the People’s Committee
of district, city affiliated to Ho Chi Minh City must complete the assignment
of following year's budget estimate to each ward, agency, and budget estimate
unit.
Article 36. Enactment of
budget
1. Allocation of budget estimates:
a) Pursuant to the resolution of the People's
Council of Ho Chi Minh City and the decision on allocation of estimates made by
the People's Committee of Ho Chi Minh City, the People’s Committee of district
shall allocate and assign the budget estimates to each agency, budget-using
unit under the district and each ward, send them to the Department of Finance,
and at the same time send to the State Treasury where the transactions are
made.
b) Pursuant to the resolution of the People's
Council of the city affiliated to Ho Chi Minh City, the People's Committee of
the city affiliated to Ho Chi Minh City shall allocate and assign the budget
estimates to each agency, budget-using unit under the district and each ward,
send them to the Department of Finance, and at the same time send to the State
Treasury where the transactions are made.
c) The allocation and assignment of budget
estimates must comply with the time limit and requirements prescribed in
Articles 49 and 50 of the Law on State Budget and its guiding documents.
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3. The People's Committee of district and the
People’s Committee of ward are responsible for the management and use of the
budget according to the assigned estimates, evaluating the results of task
performance, ensuring efficiency, thrift, compliance with budget spending
policies, regimes, standards and expenditure limits.
4. Adjustment of district and ward budget estimates
in the course of budget enactment shall comply with Article 53 of the Law on
State Budget and its guiding documents.
Adjustment of ward budget estimates of the city
affiliated to Ho Chi Minh City in the course of budget enactment shall comply
with Article 52 of the Law on State Budget and its guiding documents.
Article 37. Statement of state
budget
1. On the annual basis, the People's Committee of
Ho Chi Minh City, the People’s Committee of district, the People's Council of
the city affiliated to Ho Chi Minh City shall direct the Division of Finance
and Planning of district, city affiliated to Ho Chi Minh City to coordinate
with the tax authority, the State Treasury and relevant departments and
branches in consideration and approval of the statement of budget of affiliates
and consolidation of the final budget statement of the district, the People's
Council of the city affiliated to Ho Chi Minh City.
a) The People’s Committee of ward shall make an
annual report on the statement of budget revenues and expenditures of ward and
send it to the Division of Finance and Planning of district to review and
consolidate, and report on the final statement of the district budget revenues
and expenditures, and then further report to the People’s Committee of district
and submit to the Department of Finance.
The People’s Committee of ward affiliated to city
affiliated to Ho Chi Minh City shall make an annual report on the statement of
budget revenues and expenditures of ward and send it to the Division of Finance
and Planning of the city affiliated to Ho Chi Minh City to review and
consolidate, and report on the final statement of the district budget revenues
and expenditures, and then further report to the People’s Committee of the city
affiliated to Ho Chi Minh City and the People's Council of Ho Chi Minh City for
approval.
The time limit for the People’s Council and the
People’s Committee of the city affiliated to Ho Chi Minh City to send a final
statement of budget to the above-mentioned agencies shall be decided by the
People's Council of Ho Chi Minh City.
2. The Department of Finance of Ho Chi Minh City
shall appraise and consolidate statements of budget of districts and the city
affiliated to Ho Chi Minh City, to further report to the People’s Committee of
Ho Chi Minh City, and then to seek approval from the People’s Council of the
same level.
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ORGANIZATION OF
PERFORMANCE OF TASKS ON NATIONAL DEFENSE, SECURITY, SECURITY MEASURES TO ENSURE
ORDER, SOCIAL SAFETY, ANTI-CRIME AND PREVENTION AND OTHER LAW VIOLATIONS
Article 38. Duties of national
defense
1. Within the scope of its duties and powers, the
People's Committee of Ho Chi Minh City shall organize the performance of
national defense duties in the districts, wards as prescribed by law and the
following specific tasks:
a) Organize the performance of national defense
duties in accordance with law and the tasks assigned by competent authorities
in districts and wards.
b) Develop the people-based national defense, the
people-based national defense position associated with the people's security,
the people's security position; build national defense capacity and potential;
build a firm and comprehensive defense area; build the local people's armed
forces; carry out defense and security education; recruit and call citizens to
enlist in the army, receive and facilitate job creation for demobilized
soldiers; coordinate with concerned agencies, organizations and people's armed
force units in building defense zones according to law provisions.
c) Organize the development, training, operation,
and ensure benefits and policies for the local reserve forces, militia and
self-defense forces as per the law.
d) Coordinate in construction, management and
protection of defense works, military zones, economic-defense zones in the locality;
take civil defense measures; military rear-service policy; preferential
policies for people with meritorious services to the revolution; supply of
human resources, material and financial aid to the people's armed forces
operating in the locality while on duty in a state of emergency, a state of
defense emergency or a state of war in accordance with law.
dd) Perform other duties and exercise other powers
in terms of national defense in accordance with the law.
2. The Presidents of districts and wards shall
propose and coordinate the performance of the tasks specified in Clause 1 of
this Article, assigned by the People's Committee of Ho Chi Minh City and the
President of the People's Committee of Ho Chi Minh City.
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1. Within the scope of its duties and powers, the
People's Committee of Ho Chi Minh City shall organize the performance of duties
of security, social order, and safety in the districts, city affiliated to Ho
Chi Minh City, and wards as prescribed by law and the following specific tasks:
a) Organize the performance of the task of
protecting national security, ensuring social order and safety in accordance
with law and the tasks of protecting national security, assuring social order,
and safety assigned by the competent authority.
b) Organize the building of the people's security,
the people's security position associated with the people-based national
defense, strong the people-based national defense position, participate in
building the people's police force, contributing to increase the potentials to
protect national security, ensure social order and safety; carry out defense
and security education in accordance with the law.
c) Assign the People's Committees of districts,
city affiliated to Ho Chi Minh City, and wards to direct police of districts,
city affiliated to Ho Chi Minh City, and wards to perform the task of
protecting security, social order and safety in the districts and; provide
benefits and policies for the forces participating in security and order
protection at the grassroots level; take charge and coordinate in construction,
management and protection of important national security works in districts,
city affiliated to Ho Chi Minh City, and wards.
d) Direct the People's Committees of districts,
city affiliated to Ho Chi Minh City, and wards to coordinate with Vietnam
Fatherland Front Committees of districts, city affiliated to Ho Chi Minh City,
and wards and member organizations, relevant agencies and organizations in
performing the task of security protection, social security and order and
safety in districts, city affiliated to Ho Chi Minh City, and wards.
dd) Direct the People's Committees of districts,
city affiliated to Ho Chi Minh City, and wards to abide by inspection, settlement
of complaints and whistleblowing and handling of violations of laws in the
districts, city affiliated to Ho Chi Minh City, and wards; conduct preliminary
and final review of the performance of the task of protecting security, social
order and safety in the districts, city affiliated to Ho Chi Minh City, and
wards.
2. The Presidents of districts, city affiliated to
Ho Chi Minh City, and wards shall propose and coordinate the performance of the
tasks specified in Clause 1 of this Article, assigned by the People's Committee
of Ho Chi Minh City and the President of the People's Committee of Ho Chi Minh
City.
Article 40. Duties of
prevention and control of law violations
Within the scope of its duties and powers, the
People's Committee of Ho Chi Minh City shall organize the performance of
prevention and control of law violations in the city as prescribed by law and
the following specific tasks:
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2. Take measures to prevent and control crimes and
other law violations.
Chapter VIII
IMPLEMENTATION
Article 41. Entry into force
This Decree comes into force as of the date of
signing.
Article 42. Grandfather clause
1. From July 1, 2021, the Presidents, Vice Presidents
of wards and commune-level officials who are elected or recruited before July
1, 2021 may be changed into officials working in the wards they are working; in
case of moving to a new job position, the official must ensure the conditions
and standards suitable to that job position.
The Division of Home Affairs shall review the
records of the commune-level officials working at the People’s Committee of
ward to report to the President of district, the President of the People’s Committee
of the city affiliated to Ho Chi Minh City. Upon a written appraisal issued by
the Department of Home Affairs, the President of district, the President of the
People’s Committee of the city affiliated to Ho Chi Minh City shall issue a
decision to move the commune-level official working at the People’s Committee
of ward into a public employee on the payroll of the People’s Committee of
district, city affiliated to Ho Chi Minh City.
The appointment of grade and salary adjustment for
officials working at the People’s Committee of wards shall be submitted in
writing by the President of district, city affiliated to Ho Chi Minh City to
the Department of Home Affairs for consideration and decision or to submit to
competent authorities for consideration and decision as per the law.
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3. The People's Committee of Ho Chi Minh City is
responsible for formulating plans for training and retraining of ward officials
to meet official standards and job requirements.
Article 43. Placement, arrangement,
and provision of benefits and policies for officials and public employees
working at districts, Thu Duc City, and wards
1. The People's Council and the People's Committee
of Ho Chi Minh City shall direct the placement, arrangement, and settlement of
benefits and policies for:
a) The Presidents, Vice Presidents of the People's
Councils of districts and wards;
b) Those that are the Presidents, Vice Presidents
of the People's Committees of districts, wards but are not appointed as
President or Vice Presidents of districts, wards upon implementation of
Resolution 131/2020/QH14 and this Decree.
2. The number of leaders, managerial positions, and
regular officials and public employees of agencies affiliated to Thu Duc City
affiliated to Ho Chi Minh City shall comply with the Resolution No.
653/2019/UBTVQH14 dated March 12, 2019 of the Standing Committee of National
Assembly on arrangement of administrative divisions of districts and communes
in the period of 2019 - 2021.
3. The commune-level officials working in the
People’s Committee of ward, when they are not changed into officials, shall be
eligible for the benefits and policies according to the provisions of Guideline
No. 27-HD/BTCTW dated December 20, 2019 of the Central Committee on guidelines
for the implementation of policies and benefits for officials who quit
re-election at the Party, authorities, Vietnam Fatherland Front and
political-communal organizations, associations at all levels; Decree No.
26/2015/ND-CP dated March 9, 2015 of the Government on benefits and policies
for officials who do not meet the age conditions for re-election and
re-appointment to hold positions according to tenure in agencies of the
Communist Party of Vietnam, the State, socio-political organizations; Decree
No. 108/2014/ND-CP dated November 20, 2014 of the Government on policy of
downsizing staffing; Decree No. 113/2018/ND-CP dated August 31, 2018 of the
Government on amendments to Decree No. 108/2014/ND-CP; Decree No.
143/2020/ND-CP dated December 10, 2020 of the Government on amendments to
Decree No. 108/2014/ND-CP and Decree No. 113/2018/ND-CP; Decree No.
46/2010/ND-CP dated April 27, 2010 of the Government on resignation and
retirement procedures for officials and other relevant regulations.
4. In addition to the benefits and policies
specified in Clause 3 of this Article, on the basis of balancing the local
budget, the People's Committee of Ho Chi Minh City submits to the People's
Council of the same level for promulgation of policies to support the officials
in wards subject to the settlement of benefits and policies specified in
Clauses 1 and 3 of this Article.
Article 44. Enactment of
budget estimates of district, city affiliated to Ho Chi Minh City, and ward by
2021
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a) Revenue sources and obligatory expenditures of
budgets of districts and wards decided by the People’s Council of Ho Chi Minh
City shall remain effective until the budget year of 2021.
b) Revenue sources and obligatory expenditures
between the budget of Ho Chi Minh City and the budgets of the city affiliated
to Ho Chi Minh City and wards affiliated to city affiliated to Ho Chi Minh City
shall be decided by the People’s Council of Ho Chi Minh City.
Revenue sources and obligatory expenditures between
the budget of Ho Chi Minh City and the budgets of the city affiliated to Ho Chi
Minh City and wards affiliated to city affiliated to Ho Chi Minh City,
following the decision made by the People’s Council of Ho Chi Minh City, shall
remain effective until the budget year of 2021.
2. Enactment of budget estimates of district, city
affiliated to Ho Chi Minh City, and ward by 2021
a) As for budget of district or ward:
- From January 1 to June 30, 2021, based on the
budget estimate of 2021 decided by the People’s Council of district, ward, the
People’s Committee of district, ward shall enact the budget in accordance with
the Law on State Budget and its guiding documents.
- From July 1, 2021, the People’s Committee of
district, ward shall enact the budget within the remaining budget estimate of
2021 already decided by the People’s Council. The adjustment to budget
estimates may be carried out within the tasks and powers of a level-I budget
estimate unit; if the adjustment goes beyond the authority, the People’s
Committee of ward shall report to the People’s Committee of district for
consolidation and report to the Department of Finance, and to further report to
the People’s Committee of Ho Chi Minh City and the Standing board of People’s
Council of Ho Chi Minh City for decision, and then to report to the People’s
Council at the nearest meeting.
b) As for budget of the city affiliated to Ho Chi
Minh City, ward affiliated to city affiliated to Ho Chi Minh City:
- Regarding the budget of the city affiliated to Ho
Chi Minh City, based on the budget estimate of 2021 decided by the People’s
Council of the city affiliated to Ho Chi Minh City, the People’s Committee of
the city affiliated to Ho Chi Minh City shall enact the budget as per the Law
on State Budget and its guiding documents.
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From January 1 to June 30, 2021, based on the
budget estimate of 2021 decided by the People’s Council of ward, the People’s
Committee of ward shall enact the budget in accordance with the Law on State
Budget and its guiding documents.
From July 1, 2021, the People’s Committee of ward
shall enact the budget within the remaining budget estimate of 2021 already
decided by the People’s Council of the same level. The adjustment to budget
estimates may be carried out within the tasks and powers of a level-I budget
estimate unit; if the adjustment goes beyond the authority, the People’s
Committee of ward shall report to the People’s Committee of the city affiliated
to Ho Chi Minh City to further report to the Standing board of People’s Council
of Ho Chi Minh City for decision, and then to report to the People’s Council of
the same level at the nearest meeting.
According to the principles prescribed in clause 2
hereof, the People’s Committee of Ho Chi Minh City shall provide guidelines for
districts, city affiliated to Ho Chi Minh City, and wards.
3. Statement of budget estimates of district, city
affiliated to Ho Chi Minh City, and ward by 2021
a) By the end of the budget year of 2021, the
People’s Committee of Ho Chi Minh City shall provide guidance on accounting for
districts, city affiliated to Ho Chi Minh City, and wards: Closing the
accounting books; doing asset inventory; determining unpaid debts; making
financial statements; making handover minutes; handing over accounting
documents and data as prescribed;
b( Transfer budget surplus of districts and wards;
source of wage reform of districts and wards to the budget of Ho Chi Minh City for
management in accordance with regulations. The wards affiliated to the city
affiliated to Ho Chi Minh City shall transfer the amounts provided for herein
to the budget of the city affiliated to Ho Chi Minh City.
Article 45. Implementation
1. The Ministry of Home Affairs shall guide and
inspect the pilot implementation of the urban administration model in Ho Chi
Minh City specified in Resolution No. 131/2020/QH14 and this Decree.
2. The People's Council, the People's Committee of
Ho Chi Minh City is responsible for the implementation of this Decree. The
People's Committee of Ho Chi Minh City shall promulgate model working
regulations of the People's Committees of districts, the city affiliated to Ho
Chi Minh City and wards.
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ON BEHALF OF
THE GOVERNMENT
PRIME MINISTER
Nguyen Xuan Phuc