Nghị quyết 119/2020/QH14 thí điểm tổ chức mô hình chính quyền đô thị Đà Nẵng

RESOLUTION

Piloting the urban administration model and a number of specific mechanisms and policies for the development of Da Nang city

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THE NATIONAL ASSEMBLY

Pursuant to the Constitution of the Socialist Republic of Vietnam;

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

RESOLVES:

Article 1. To pilot the urban administration model in Da Nang city

1. To organize the urban administration model in Da Nang city as follows:

a) The administration of Da Nang city is a local administration which consists of municipal People’s Council and municipal People’s Committee;

b) Local administrations of urban districts in Da Nang city are People’s Committees of urban districts.

The People’s Committee of an urban district is a state administrative agency of an urban district performing the tasks and exercising the powers that are defined in this Resolution and delegated, authorized by the municipal People’s Committee, chairperson of the municipal People’s Committee;

c) Local administrations of wards of an urban district in Da Nang city are ward-level People’s Committees.

A ward-level People’s Committee is a state administrative agency of a ward performing the tasks and exercising the powers that are defined in this Resolution and delegated, authorized by the municipal People’s Committee, chairperson of the municipal People’s Committee, the People’s Committee of the urban district.

d) The organization of local administration in other administrative units of Da Nang city shall comply with the Law on Organization of Local Administration.

2. The urban administration model in Da Nang city shall be piloted from July 01, 2021, until the National Assembly decides to terminate the pilot implementation.

Article 2. The People's Council of Da Nang city

1. The People's Council of Da Nang city (hereinafter referred to as the municipal People's Council) shall perform the tasks and exercise the powers that are defined in the Law on Organization of Local Administration and other relevant law provisions, and the following tasks and powers:

a) To decide on state budget revenue estimates in the locality; local budget revenue and expenditure estimates, and allocation of budget estimates at its own level, including budget estimates of local administrations at lower levels; to adjust local budget estimates in cases of necessary; to approve final accounts of local budgets;

b) To decide on long-term, mid-term and annual socio-economic development plans of the city, including mid-term and annual socio-economic development plans of urban districts and annual socio-economic development plans of wards;

c) To approve tentative establishment, dissolution, consolidation, division or adjustment of boundaries of administrative units of urban districts and wards;

d) To supervise the observance of the Constitution and law, and the implementation of resolutions of the municipal People's Council by urban districts or wards; to supervise the operation of People’s Committees of urban districts or wards, People's Courts and People's Procuracies of urban districts;

dd) To collect votes of confidence on chairpersons of People’s Committees of urban districts. A person who receives low-confidence votes from more than half of the total number of deputies of the municipal People’s Council may apply for resignation. In cases where a person receives low-confidence votes from two-thirds or more of the total number of such deputies, the municipal People's Council shall request the chairperson of the People's Committee of the same level to consider and decide within his/her competence.

The time limit, time and order for collecting votes of confidence on chairpersons of People’s Committees of urban districts shall comply with the provisions of the Law on Oversight Activities of the National Assembly and People's Councils and the National Assembly’s resolution;

e) Deputies of the municipal People's Council may directly raise questions to chairpersons of People’s Committees of urban districts, chief justices of People's Courts of urban districts, and chief procurators of People's Procuracies of urban districts. The municipal People's Council shall consider the answering by questioned persons;

g) To elect assessors of People's Courts of urban districts as recommended by the municipal Fatherland Front Committee; 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 municipal People's Court after reaching an agreement with the Vietnam Fatherland Front Committee of the same level.

2. The number of deputies and the organizational structure of the municipal People's Council shall comply with the provisions of the Law on Organization of Local Administrations. A board of the municipal People's Council shall have no more than 02 deputy heads who are full-time deputies of the People's Council; the head of a board of the municipal People's Council may be a full-time deputy of the People's Council.

Article 3. People's Committee, Chairperson of People's Committee of Da Nang city

1. The People's Committee of Da Nang city (hereinafter referred to as the municipal People's Committee) shall perform the tasks and exercise the powers that are defined in the Law on Organization of Local Administrations and other relevant law provisions, and the following tasks and powers:

a) To develop and propose to the municipal People's Council for decision on the contents specified at Points a and b, Clause 1, Article 2 of this Resolution and organize the implementation of resolutions of the municipal People's Council. Based on the resolutions of the municipal People's Council, to assign and adjust budget revenue and expenditure tasks of its affiliated urban districts and wards, and decide on policies and measures to implement the local budget, including urban districts’ budget and wards’ budget;

b) To decide on investment policies for programs and group-B or group-C projects using public investment funds in urban districts and wards under its management in accordance with the Law on Public Investment;

c) Based on the Government's regulations and the practical situation of urban management work, to decide on establishment or abolishment of specialized agencies affiliated to People's Committees of urban districts;

d) To decide on, and organize the performance of, tasks of national defense and security, and measures to ensure social order and safety, crime prevention and combat, and fight against other illegal acts in its affiliated urban districts.

2. The chairperson of the municipal People's Committee shall perform the tasks and exercise the powers that are defined in the Law on Organization of Local Administrations, other relevant law provisions, 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 and chairpersons and vice chairpersons of island district People's Committees;

b) To suspend the implementation of, or partially or wholly annul, unlawful documents of People's Committees of urban districts or wards.

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

1. The People’s Committee of an urban district shall be composed of its chairperson, vice chairpersons and other civil servants of its affiliated specialized agencies. The People's Committee of a type-I urban district shall have 03 vice chairpersons at most and the People's Committee of a type-II urban district shall have 02 vice chairpersons at most.

The chairperson and vice chairpersons of the People's Committee of an urban district, the head and deputy heads of specialized agencies affiliated to such People's Committee are civil servants holding the leadership and managerial titles of the People's Committee of such urban district.

2. People’s Committees of urban districts shall work according to the headship regime and implement 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 shall be accountable to the municipal People's Council and People's Committee, the chairperson of the municipal People's Committee and the laws for the performance of the tasks and powers of such People's Committee.

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 ward-level People’s Committees, and the head and deputy heads of its affiliated specialized agencies; recruit and manage civil servants and public employees under his/her management in accordance with law provisions; and sign documents of the People's Committee of the urban district.

4. The vice chairpersons of the People's Committee of an urban district shall assist the chairperson of such People's Committee in performing the tasks as assigned by the latter and be accountable to the latter for their assigned tasks. In cases where its 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 5. Tasks and powers of People’s Committees of urban districts

 1. To perform the tasks and exercise the powers of budget-estimating units that are affiliated to the municipal People's Committees in accordance with the Law on the State Budget.

2. To propose to the municipal People’s Committee 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 district-level 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 in the locality according to the delegation of management powers.

3. To provide for the organizational apparatus and specific tasks and powers of specialized agencies affiliated to People's Committees of urban districts.

4. To assume the responsibility for the operation of the state administrative system from the urban district level to the grassroots level, ensuring the uniformity and continuity of the administrative system; to implement administrative reform and reform of civil service, civil servants in the state administrative system in the locality.

5. To propose to, and coordinate with competent agencies in performing, tasks of national defense and 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.

6. To perform the tasks of organizing and ensuring the implementation of the Constitution and laws; of building administrations and administrative boundaries; of education, training, science, technology, culture, information, and education, sport, health, labor, social policy, ethnicity, religion, judicial administration, judicial assistance, environmental protection measures, prevention and fighting of fire and explosion, prevention and control of natural disasters and epidemics, population management and other tasks and powers as prescribed by law provisions.

7. To perform the tasks and exercise the powers that are delegated or authorized by superior state agencies.

8. To delegate and authorize ward-level People’s Committees and specialized agencies affiliated to People's Committees of urban districts to perform the tasks and exercise the powers of the People's Committees of urban districts in accordance with law provisions.

9. To promulgate legal documents to provide for affairs assigned by laws and the National Assembly’s resolution and to perform delegation in accordance with Clause 8 of this Article. To suspend the implementation of, or partially or wholly annul, unlawful documents of specialized agencies affiliated to People’s Committees of urban districts and unlawful documents of ward-level People’s Committees.

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

1. A ward-level People’s Committee shall be composed of its chairperson, vice chairpersons and other civil servants. The People’s Committee of a type-I or -II ward shall have 02 vice chairpersons at most and the People’s Committee of a type-III ward shall have 01 vice chairperson.

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

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

3. The chairperson of the ward-level People’s Committee is the head of such People’s Committee, who shall be accountable to the chairperson of the People's Committee of the urban district and laws for the performance of the tasks and powers of the People's Committee of the ward; directly manage and employ civil servants according to the Government's regulations and as delegated and authorized by the municipal People's Committee, the chairperson of the municipal People's Committee, and the People's Committee of the urban district; and sign documents of the People's Committee of the ward.

4. The vice chairpersons of the ward-level People’s Committee shall assist the ward People’s Committee chairperson in performing jobs as assigned by the latter and be accountable to 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. Tasks and powers of ward-level People’s Committees

1. A ward-level People’s Committee 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 in accordance with the Law on the State Budget;

b) To propose to the People’s Committee of an urban district investment policies for public investment programs and projects funded by the state budget to submit to competent authorities for decision on investment policies; to give opinions on investment policies for projects decided by competent agencies or individuals, for which the commune-level 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 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 provisions;

dd) To perform the tasks and exercise the powers delegated or authorized by superior state agencies;

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 of the ward and the chairperson of such People's Committee in accordance with law provisions, except for those provided in Clause 2, Article 36 and Article 63 of the Law on Organization of Local Administration.

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

Article 8. Local adjustment of urban planning

On the basis of the urban planning project of Da Nang city approved by the Prime Minister, the Prime Minister shall delegate the municipal People's Committee to approve the local adjustment of urban planning of Da Nang city according to the order and procedures prescribed by the Prime Minister and send reports on the implementation results to the Prime Minister.

Article 9. Financial and state budget management

1. In the first year of the budget stabilization period, the Government shall consider and propose to the National Assembly for decision on an appropriate regulation rate for the budget of Da Nang city in order to ensure resources for the implementation of socio-economic development goals of the city.

2. Da Nang City shall implement a mechanism to generate resources for wage reform as prescribed. After the budget of Da Nang city ensures sufficient resources for wage reform and implementation of social security policies for the entire period of budget stabilization as prescribed by competent authorities, the municipal People's Council is entitled to decide to use the residual wage reform resources of the municipal budget to invest in socio-economic infrastructure under the spending task of the municipal budget.

3. The municipal People's Council shall, within the city scope, decide on application of:

a) Fees and charges that are not specified in the list of fees and charges issued together with the Law on Fees and Charges;

b) Adjustment of fee and charge rates or levels decided by competent authorities for the types of fees and charges specified in the list of fees and charges issued together with the Law on Fees and Charges, except for legal fees and court charges.

4. The budget of Da Nang city shall be entitled to 100% of the additional revenue from the revenues due to the adjustment of the collection policies specified in Clause 3 of this Article for investment in socio-economic infrastructure under the spending task of the municipal budget and shall not be used to determine the percentage (%) of the revenues shared between the central budget and the budget of Da Nang city.

Article 10. Organization of implementation

1. The municipal People's Council and People's Committee shall, within the ambit of their tasks and powers, assume the responsibilities for:

a) Organizing the implementation of this Resolution and other relevant law provisions;

b) Promulgating regulations to pilot the urban administration model and specific mechanisms and policies as prescribed in this Resolution and the Government's guidance; implementing specific delegation and authorization for local administrations in urban districts and wards in accordance with urban management mechanism and practical capability of each locality;

c) Arranging agencies, organizations as well as cadres and civil servants of urban districts and wards under regulations of competent agencies; implementing regimes and policies toward redundant cadres and civil servants in accordance with law;

d) Reviewing the pilot implementation of the urban administration model and specific mechanisms and policies specified in this Resolution and sending reports to the Government as prescribed in Clause 2 of this Article.

2. The Government shall, within the ambit of its tasks and powers, assume the responsibilities for:

a) Organizing the implementation of this Resolution; directing relevant agencies to coordinate with local administrations of Da Nang city in reforming administrative procedures, shortening the time to deal with affairs that have not been delegated or decentralized to the city;

b) Directing and guiding the pilot implementation of the urban administration model and specific mechanisms and policies for the development of Da Nang city as specified in this Resolution; promptly dealing with difficulties and problems in the process of remedying violations according to conclusions of competent agencies, especially in the domain of land;

c) Prescribing in detail the organization and operation of People’s Committees of urban districts and ward-level People’s Committees, and the responsibility of chairpersons of People’s Committees of urban districts or ward-level People’s Committees; prescribing in detail the order and procedures for appointment, relief from duty, transfer, rotation, secondment, commendation, discipline, suspension from work for chairpersons and vice chairpersons of People’s Committees of urban districts, or chairpersons and vice chairpersons of island district People's Committees, or chairpersons and vice chairpersons of ward-level People’s Committees, the head and deputy heads of specialized agencies affiliated to People's Committees of urban districts; providing for the recruitment, employment and management of ward civil servants; prescribing the order and procedures for promulgation of legal documents of People’s Committees of urban districts; guiding the handling of recommendations of the municipal People's Council on the results of collecting votes of confidence on chairpersons of People’s Committees of urban districts;

d) Prescribing in detail the implementation of national defense and security tasks, measures to ensure social order and safety, crime prevention and combat, and fight against other illegal acts in pilot wards and urban district;

dd) Submitting 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, making a preliminary report on pilot implementation of the urban administration model and a number of specific mechanisms and policies in Da Nang city and submitting 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, delegation of National Assembly deputies of Da Nang city and National Assembly deputies shall, within the ambit of their tasks and powers, supervise the implementation of this Resolution.

Article 11. Effect

1. This Resolution takes effect on January 01, 2021.

2. In case this Resolution and the National Assembly’s laws and other resolutions have different provisions on the same issue, this Resolution shall prevail. In cases where a legal document issued after the effective date of this Resolution prescribes mechanisms or policies that are more preferential or favorable than this Resolution, the application shall be decided by the municipal People's Council.

Article 12. Transitional provisions

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

2. From July 01, 2021, People’s Committees of urban districts and ward-level People’s Committees shall perform the tasks and exercise the powers defined in this Resolution. In cases where the chairperson or vice chairperson of the People’s Committee of an urban district or a ward has not yet appointed, the chairperson or vice chairperson of the People’s Committee of an urban district or a ward of the 2016-2021 term shall continue to perform the tasks and exercise the powers as prescribed in this Resolution until new chairperson or vice chairpersons is/are appointed.

Documents of urban district or ward administrations that are issued before July 01, 2021, and not replaced by other documents or annulled by competent agencies, remain valid.

3. Urban districts and wards in Da Nang city that are established from the effective date of this Resolution may apply the urban administration model as prescribed in this Resolution. The transition of the local administration's activities in such administrative units shall comply with the guidance of the National Assembly Standing Committee.

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This Resolution was adopted on June 19, 2020, by the XIV National Assembly of the Socialist Republic of Vietnam at its 9th session.

The National Assembly Chairwoman

Nguyen Thi Kim Ngan