Nghị quyết 725/2009/UBTVQH12

RESOLUTION

ON ADJUSTING THE TASKS AND POWERS OF PEOPLE'S COUNCILS AND PEOPLE'S COMMITTEES OF PROVINCES AND CENTRALLY RUN CITIES AND DEFINING THE TASKS, POWERS AND ORGANIZATIONAL APPARATUS OF PEOPLE'S COMMITTEES OF RURAL DISTRICTS, URBAN DISTRICTS AND WARDS WHERE NO PEOPLE'S COUNCIL IS ORGANIZED

THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam already amended and supplemented under Resolution No. 51/2001/NQ-QH10 bổ sung điều của Hiến pháp nước cộng hoà xã hội chủ nghĩa Việt Nam năm 1992">51/2001/QH10;
Pursuant to Resolution No. 26/2008/QH12 of November 15, 2008, of the Xir'1 National Assembly, the 4'h session, on the trial non-organization of People s Councils of rural districts, urban districts and wards;
After considering the Government's Report No. 01/Tfr-CP of January 2, 2009, on the draft resolution of the Standing Committee of the National Assembly on adjusting the tasks and powers of People's Councils and People's Committees of provinces and centrally run cities and defining the tasks, powers and organizational apparatus of People's Committees of rural districts, urban districts and wards where no People's Council is organized, and Verification Report No. 672/BC-UBPL12 of January 14. 2009, of the Law Committee of the National Assembly;

RESOLVES:

Chapter I

GENERAL PROVISIONS

Article 1.

This Resolution transfers several tasks and powers of People's Councils of rural districts and urban districts where no People's Council is organized on a trial basis to People's Councils and People's Committees of provinces and centrally run cities; and defines the tasks, powers and organizational apparatus of People's Committees of rural districts, urban districts and wards and the competence, order and procedures for appointing, relieving from duty and dismissing presidents and other members of People's Committees of rural districts, urban districts and wards where no People's Council is organized.

Article 2.

This Resolution applies to People's Councils and People's Committees of provinces and centrally run cities and People's Committees of rural districts, urban districts and wards where no district or ward People's Council is organized under Resolution No. 724/2009/UBTVQH12 of January 16. 2009. of the Standing Committee of the National Assembly on the list of rural districts, urban districts and wards of provinces and centrally run cities where the trial non-organization of People's Councils of rural districts, urban districts and wards is implemented.

Chapter II

TASKS AND POWERS OF PEOPLE'S COUNCILS AND PEOPLE'S COMMITTEES OF PROVINCES AND CENTRALLY RUN CITIES WITH RURAL DISTRICTS. URBAN DISTRICTS AND WARDS WHERE NO PEOPLE' COUNCIL IS ORGANIZED

Article 3.

The People's Councils of provinces and centrally run cities with rural districts, urban districts and wards where no People's Council is organized shall perform the tasks and powers defined in Articles 11 thru 18 of the Law on Organization of People's Councils and People's Committees and other relevant laws, and the following tasks and powers:

1. To elect people's juries of People's Courts of rural districts and urban districts at the recommendation of the Fatherland Front Committees of provinces or centrally run cities; relieve from duty and dismiss people's juries of People's Courts of rural districts and urban districts at the proposal of the presidents of People's Courts of provinces or centrally run cities after reaching agreement with the Vietnam Fatherland Front Committees of the same level;

2. To oversee operations of People's Committees, People's Courts and People's Procuracies of rural districts and urban districts;

3. To cancel part or the whole of unlawful resolutions of People's Councils of communes or townships;

4. To dissolve People's Councils of communes or townships which seriously infringe upon people's interests.

Article 4.

The People's Committees of provinces with rural districts and wards where no People's Council is organized shall perform the tasks and powers defined in Articles 82 thru 95 of the Law on Organization of People's Councils and People's Committees and other relevant laws, and the following tasks and powers:

1. To approve socio-economic development plannings, plans, programs and schemes of People's Committees of rural districts;

2. To direct People's Committees of rural districts to perform socio-economic development tasks, consolidate defense and security and assure people's life in their districts.

Article 5.

The People's Committees of centrally run cities with rural districts, urban districts and wards where no People's Councils is organized shall perform the tasks and powers defined in Articles 82 thru 95 of the Law on Organization of People's Councils and People's Committees and other relevant laws, and the following tasks and powers:

1. To approve socio-economic development plannings, plans, programs and schemes of People's Committees of rural districts and urban districts;

2. To decide on measures to ensure uniform implementation of urban plannings in urban districts;

3. To decide on measures to ensure public and traffic order; to prevent and fight fires and explosives and protect the environment and urban landscape in urban districts;

4. To decide on general plannings on construction of urban centers in rural districts;

5. To decide on transport network development plannings and plans in rural districts and urban districts;

6. To direct People's Committees of rural districts and urban districts to perform socioeconomic development tasks, consolidate defense and security and assure people's life in their districts.

Chapter III

TASKS, POWERS, ORGANIZATION AND OPERATION OF PEOPLE'S COMMITTEES OF RURAL DISTRICTS. URBAN DISTRICTS AND WARDS WHERE NO PEOPLE'S COUNCIL IS ORGANIZED

Section I. TASKS AND POWERS OF PEOPLES COMMITTEES OF RURAL DISTRICTS. URBAN DISTRICTS AND WARDS WHERE NO PEOPLE'S COUNCIL IS ORGANIZED

Article 6.

The People's Committees of rural districts where no People's Council is organized shall perform the tasks and powers defined in Clauses 3 and 4, Article 97. Clauses 2,3,4 and 5, Article 98, Articles 99 thru 106, and Clauses 1,2,3 and 4, Article 107 of the Law on Organization of People's Councils and People's Committees and other relevant laws, and the following tasks and powers:

1. To formulate annual socio-economic development plans and submit them to provincial-level People's Committees for approval; to organize and examine the implementation of these plans after they are approved;

2. To make state budget revenue estimates in localities, local budget revenue and expenditure estimates, and report them to immediately higher People's Committees for submission to their People's Councils for decision.

Pursuant to the assigned budget estimates, to decide on specific state budget revenue estimates in localities, local revenue and expenditure estimates and distribute budgets of their level, adjust local budget estimates when necessary, decide on policies and measures to implement budgets and report to immediately higher People's Committees on results of distribution and assignment of local budget estimates.

To make local budget revenue and expenditure settlements and report them to immediately higher People's Committees for submission to their People's Councils for ratification;

3. To formulate plannings, plans and programs to encourage agricultural, forestry, fishing and salt-making development in localities, and submit them to provincial-level People's Committees for approval; to organize the implementation of these plannings. plans and programs after they are approved.

Article 7.

The People's Committees of urban districts where no People's Council is organized shall perform the tasks and powers defined in Clauses 3 and 4. Article 98, Article 99. Clauses 2. 3 and 4, Article 100, Articles 101 thru 106, and Clauses 1.2, 3 and 4, Article 107. and Article 109 of the Law on Organization of People's Councils and People's Committees and other relevant laws, and the following tasks and powers:

1. To formulate annual socio-economic development plans and submit them to municipal People's Committees for approval; to organize and examine the implementation of these plans after they are approved;

2. To make state budget revenue estimates in localities, local budget revenue and expenditure estimates, and report them to immediately higher People's Committees for submission to their People's Councils for decision.

Pursuant to the assigned budget estimates, to decide on specific state budget revenue estimates in localities, local revenue and expenditure estimates and distribute budgets of their level, adjust local budget estimates when necessary, decide on policies and measures to implement budgets and report to immediately higher People's Committees on results of distribution and assignment of local budget estimates.

To make local budget revenue and expenditure settlements and report them to immediately higher People's Committees for submission to their People's Councils for ratification;

3. To approve socio-economic development plans of wards.

Article 8.

The People's Committees of wards where no People's Council is organized shall perform the tasks and powers defined in Clauses 3.4 and 5. Article 111. Clauses 1. 2 and 4. Article 112. Clauses 2, 3 and 4. Article 113, Articles 114 thru 117. and Clauses 2. 3 and 4. Article 118 of the Law on Organization of People's Councils and People's Committees and other relevant laws, and the following tasks and powers:

1. To formulate annual socio-economic development plans and submit them to immediately higher People's Committees for approval: to organize the implementation of these plans after they are approved;

2. To make state budget revenue estimates in their wards, local budget revenue and expenditure estimates, and report them to immediately higher People's Committees for decision. For wards under towns or provincial cities, they shall report them to immediately higher People's Committees for submission to their People's Councils for decision.

Pursuant to the assigned budget estimates, to decide on specific state budget revenue estimates in their wards, local revenue and expenditure estimates and distribute budgets of their level, adjust local budget estimates when necessary, decide on policies and measures to implement budgets and report to immediately higher People's Committees on results of distribution and assignment of local budget estimates.

To make local budget revenue and expenditure settlements and report them to immediately higher People's Committees for approval. For wards under towns or provincial cities, they shall report them to immediately higher People's Committees for submission to their People's Councils for ratification;

3. To organize uniform implementation of socio-economic development plans and urban plannings. building of urban civilized lifestyles, prevention and combat of social evils, preservation of order, sanitation, cleanliness and beauty of street quarters, street beds, pavements, public order and urban landscape in their wards;

4. To coordinate with the Vietnam Fatherland Front Committees of the same level in setting up groups of election of National Assembly deputies and groups of election of People's Council deputies; to organize the election of National Assembly deputies and People's Council deputies in accordance with law.

Section 2. ORGANIZATION AND OPERATION OF PEOPLES COMMITTEES OF RURAL DISTRICTS. URBAN DISTRICTS AND WARDS WHERE NO PEOPLES COUNCIL IS ORGANIZED

Article 9.

1. People's Committees of rural districts and urban districts where no People's Council is organized are state administrative bodies attached to People's Committees of provinces or centrally run cities; People's Committees ol wards where no People's Council is organized are state administrative bodies attached to People's Committees of urban districts, towns or provincial cities; shall decide on policies and measures for socio-economic development and consolidating defense and security in their localities in accordance with law and the decentralization of higher-level People's Committees; and ensure uniform direction and management in the state administrative apparatus from central to grassroots levels.

2. A People's Committee of a rural district, urban district or ward where no People's Council is organized has a president, vice president and members directly appointed, relieved from duty and dismissed by the president of the immediately higher People's Committee.

3. A People's Committee of a rural district or urban district where no People's Council is organized consists of between seven and nine members; a People's Committee of a ward consists of between three and five members.

The membership structure of the People's Committee of a rural district, urban district or ward where no People's Council is organized shall be stipulated by the Government.

Article 10.

1. People's Committees of rural districts or urban districts where no People's Council is organized shall collectively discuss and decide by majority on the following issues:

a/ Working regulations, annual activity programs and adoption of reports of People's Committees before submission to higher-level People's Committees;

b/ Socio-economic development plannings and plans; estimates and settlements of annual budgets and reserve funds of their level; investment in and building of key construction works; mobilization of workforce and finance for dealing with urgent local issues in accordance with law and the decentralization of higher-level People's Committees;

c/ Policies and measures for local socioeconomic development, defense and security maintenance;

d/ Adoption of schemes on establishment, merger and dissolution of specialized agencies of People's Committees;

e/ Other issues proposed by their presidents.

2. People's Committees of wards where no People's Council is organized shall collectively discuss and decide by majority on issues specified at Points a, b, c and e. Clause 1 of this Article.

3. A People's Committee of a rural district, urban district or ward where no People's Council is organized shall meet at least once a month. Its decisions must be voted for by more than half of its total members. In case votes for and against are equal, the decision belongs to the side with the opinion of the People's Committee president.

4. A People's Committee of a rural district, urban district or ward where no People's Council is organized shall issue decisions and directives to perform its tasks and powers.

Article 11.

1. The president of the People's Committee of a rural district, urban district or ward where no People's Council is organized shall lead and run (he work of his/her People's Committee and take responsibility before law and the higher-level People's Committee for the performance of the tasks and powers of the People's Committee.

2. The president of the People's Committee of a rural district where no People's Council is organized shall perform the tasks and powers defined in Article 127 of the Law on Organization of People's Councils and People's Committees, and the following tasks and powers:

a/To approve results of election of chairmen and vice chairmen of People's Councils of communes and townships;

b/ To stop the implementation of unlawful resolutions of People's Councils of communes and townships, and propose the provincial-level People's Committee president to request provincial-level People's Councils to cancel these resolutions.

3. Presidents of People's Committees of urban districts where no People's Council is organized shall perform the tasks and powers defined in Clauses 1, 2. 4. 5, 6 and 7. Article 127 of the Law on Organization of People's Councils and People's Committees, and appoint, relieve from duty, transfer, dismiss, commend and discipline presidents, vice presidents and members of People's Committees of wards, and cadres and public servants under their decentralized management.

4. Presidents of People's Committees of wards where no People's Council is organized shall perform the tasks and powers defined at Points c and d. Clause 1, and Clauses 2, 6 and 7, Article 127 of the Law on Organization of People's Councils and People's Committees.

Article 12.

Vice presidents and members of People's Committees of rural districts, urban districts and wards where no People's Council is organized shall perform their tasks and powers under the working regulations and as assigned by their People's Committee presidents; shall lake responsibility before law and their People's Committee presidents for the performance of their assigned tasks and powers; and shall, together with the People's Committee president and other members, take collective responsibility for issues decided by the People's Committees.

Article 13.

1. Specialized agencies of People's Committees of rural districts or urban districts where no People's Council is organized shall advice and assist their People's Committees in performing the state management function in their districts, perform several tasks and powers as assigned by their People's Committees and prescribed by law; and shall contribute to ensuring their branch's or domain's uniform management from central to grassroots levels.

2. Specialized agencies of People's Committees of rural districts and urban districts where no People's Council is organized shall submit to the direction and management in terms of organization, staffing and work by their People's Committees and concurrently to the professional direction and examination by specialized agencies of provincial-level People's Committees; and shall report on their work to their People's Committees and higher-level specialized agencies.

3. The organization of specialized agencies of People's Committees of rural districts or urban districts where no People's Council is organized complies with the Government's regulations.

Article 14.

1. Presidents of Vietnam Fatherland Front Committees and heads of mass organizations in rural districts, urban districts and wards where no People's Council is organized may be invited to meetings of People's Committees at the same level to discuss relevant matters.

2. People's Committees of rural districts, urban districts and wards where no People's Council is organized shall create favorable conditions for Vietnam Fatherland Front Committees and mass organizations at the same level to organize and mobilize people to participate in building and consolidating people's administrations, organize the implementation of state policies and laws and oversee activities of state agencies, cadres and public servants.

2. People's Committees of rural districts, urban districts and wards where no People's Council is organized shall implement the regime of reporting on the situation of all local aspects to Vietnam Fatherland Front Committees and mass organizations at the same level.

People's Committees of rural districts, urban districts and wards where no People's Council is organized and their members shall settle and respond to recommendations of Vietnam Fatherland Front Committees and mass organizations at the same level.

Chapter IV

COMPETENCE. ORDER AND PROCEDURES FOR APPOINTING RELIEVING FROM DUTY AND DISMISSING PRESIDENTS, VICE PRESIDENTS AND MEMBERS OF PEOPLE'S COMMITTEES OF RURAL DISTRICTS. URBAN DISTRICTS AND WARDS WHERE NO PEOPLE'S COUNCIL IS ORGANIZED

Article 15.

The competence to appoint, relieve from duty and dismiss presidents, vice presidents and members of People's Committees of rural districts, urban districts and wards where no People's Council is organized, is prescribed as follows:

1. Presidents of People's Committees of provinces or centrally run cities may appoint, relieve from duty or dismiss presidents, vice presidents and members of People's Committees of rural districts and urban districts;

2. Presidents of People's Committees of urban districts, towns or provincial cities may appoint, relieve from duty or dismiss presidents, vice presidents and members of People's Committees of wards.

Article 16.

The order of and procedures for appointing presidents, vice presidents and members of People's Committees of rural districts, urban districts and wards where no People's Council is organized are prescribed as follows:

1. Appointing presidents of People's Committees of rural districts, urban districts and wards:

a/ The People's Committee of a rural district, urban district or ward proposes and recommends a candidate;

b/ After obtaining the written approval of a competent agency, the cadre and public servant management agency shall compile a dossier of proposal for appointment;

c/ On the basis of the dossier of proposal for appointment and the report of the People's Committee with the nominated candidate, the cadre and public servant management agency shall submit the appointment to the president of the immediately higher People's Committee for consideration and appointment.

2. Appointing vice presidents and members of People's Committees of rural districts, urban districts and wards:

a/ The president of the People's Committee of a rural district, urban district or ward proposes and recommends a candidate;

b/ After obtaining the written approval of a competent agency, the public servant management agency shall compile a dossier of proposal for appointment;

c/ On the basis of the dossier of proposal for appointment and the report of the People's Committee with the nominated candidate, the cadre and public servant management agency shall submit the appointment to the president of the immediately higher People's Committee for consideration and appointment.

Article 17.

The order of and procedures for considering and deciding on relieving from duty and dismissing presidents, vice presidents and members of People's Committees of rural districts, urban districts and wards where no People's Council is organized comply with the law on relief from duty and dismissal of cadres and public servants.

Chapter V

IMPLEMENTATION PROVISIONS

Article 18.

1. The 2004-2009 term people's juries of People's Courts of rural districts and urban districts where no People's Council is organized continue operating until People's Councils of provinces and centrally run cities elect new people's juries.

The term of people's juries of People's (Courts of rural districts and urban districts where no People's Council is organized coincides with that of People's Councils of provinces and centrally run cities.

2. The Government, the Supreme People's Court, the Supreme People's Procuracy and the Central Committee of Vietnam Fatherland Front shall, within the ambit of their tasks and powers, organize and guide the implementation of this Resolution.

3. People's Councils and People's Committees of provinces and centrally run cities and People's Committees of rural districts, urban districts and wards where no People's Council is organized shall implement this Resolution.

4. This Resolution takes effect on April I. 2009.-