Nghị định 169/2024/NĐ-CP hướng dẫn về tổ chức, hoạt động của Ủy ban nhân dân phường của Thành phố Hà Nội

DECREE

ON ELABORATION OF THE ORGANIZATION AND OPERATION OF THE PEOPLE’S COMMITTEE OF WARD IN HANOI

Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law on Organization of Local Governments dated June 19, 2015;

Pursuant to the Law on amendments to the Law on Organization of the Government and the Law on Organization of Local Governments dated November 22, 2019;

Pursuant to the Capital Law dated June 28, 2024;

At the proposal of the Minister of Home Affairs;

The Government hereby promulgates this Decree on elaboration of the organization and operation of the People’s Committee of Ward in Hanoi.

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GENERAL PROVISIONS

Article 1. Scope

This Decree elaborates on the organization and operation of the People’s Committee of Ward in Hanoi (hereinafter referred to as the City).

Article 2. Regulated entities

This Decree applies to:

1. The People’s Committee of Wards and civil servants working at the People’s Committee of Wards in Hanoi (hereinafter referred to as the People’s Committee of Ward).

2. Other relevant agencies, organizations, and individuals.

Chapter II

ORGANIZATION AND OPERATION OF THE PEOPLE’S COMMITTEE OF WARD

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1. The organizational structure of the People’s Committee of Ward shall be implemented in accordance with Point a, Clause 3, Article 13 of the Capital Law.

2. Other civil servants of the People’s Committee of Ward include:

a) Chief Commander of the Military Command Board;

b) Office - Statistics;

c) Land Administration - Construction - Urban Affairs and Environment;

d) Finance - Accounting;

dd) Justice - Civil Status;

e) Culture - Society.

Article 4. Principles of operation of the People’s Committee of Ward

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2. In case of a vacancy in the position of President of the People’s Committee of Ward, the President of the People’s Committee of the district, town, or city under the city shall assign an acting President of the People’s Committee of Ward until an official appointment decision is made.

3. The specific duties and powers of the People’s Committee of Ward and the delegated or authorized duties and powers of the People’s Committee of Ward stipulated in Clause 1, Article 13, and Article 14 of the Capital Law must be collectively discussed before the President of the People’s Committee of Ward makes a decision and takes responsibility for it.

The collective body mentioned in this clause includes the President of the People’s Committee of Ward, the Vice-President of the People’s Committee of Ward, and other relevant civil servants.

4. The activities of the People’s Committee of Ward must meet public satisfaction, comply with the prescribed procedures, be within the assigned authority, and adhere to the law and the working regulations of the People’s Committee of Ward. The Committee shall promote administrative reform and the application of online public services in administrative procedures for individuals and organizations at the ward level, ensuring that its operations are democratic, transparent, unified, seamless, effective, and efficient.

5. The Chief of the Ward Police shall provide consultation and be under the direction and administration of the President of the People’s Committee of Ward in performing tasks related to security, order, social safety, crime prevention, and combating other violations of the law in the area, in accordance with legal regulations.

Article 5. Responsibilities of the President of the People’s Committee of Ward

1. The President of the People’s Committee of Ward is the head of the People’s Committee of Ward, responsible for leading, managing, and comprehensively operating all activities of the People’s Committee of Ward in accordance with its Working Regulations, ensuring the principle of democratic centralism and compliance with legal regulations.

2. Issuing the Working Regulations of the People’s Committee of Ward.

3. Being held accountable to the People's Council, the People's Committee, the President of the People's Committee of the district, town, or city under the city, and before the law for the implementation of the duties and powers of the People’s Committee of Ward.

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5. Signing documents of the People’s Committee of Ward under the title of President of the People’s Committee of Ward, as the head of the state administrative authority at the ward level, and being responsible for those documents.

6. If the President of the People’s Committee of Ward violates the responsibilities stipulated in this Article, they shall be subject to review and handling in accordance with the Law on Public Officials and relevant legal regulations.

Article 6. Responsibilities of the Vice President of the People’s Committee of Ward

1. Performing the duties and exercising the powers of the People’s Committee of Ward within the scope of the field assigned by the President of the People’s Committee of Ward.

2. Be held accountable to the President of the People’s Committee of Ward and before the law when performing duties and exercising powers within the assigned scope.

3. The Vice President of the People’s Committee of Ward may be authorized in writing by the President of the People’s Committee of Ward to direct, handle affairs, and sign documents of the People’s Committee of Ward in the absence of the President.

4. Signing documents of the People’s Committee of Ward on behalf of the President when assigned by the President of the People’s Committee of Ward.

5. If the Vice President of the People’s Committee of Ward violates the responsibilities stipulated in this Article, they shall be subject to review and handling in accordance with the Law on Public Officials and relevant legal regulations.

Article 7. Responsibilities of other civil servants of the People’s Committee of Ward

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2. Proactively advising and proposing solutions to assigned tasks in accordance with regulations on time, results, and authority; diligently serving the people, ensuring no obstacles or inconveniences for them. For matters beyond their authority, they must report to the President or Vice President of the People’s Committee of Ward for consideration and decision.

3. Complying with the Working Regulations of the People’s Committee of Ward and strictly following task assignments by the President of the People’s Committee of Ward; performing duties within the scope of their assigned responsibilities, ensuring timeliness and work quality.

4. Performing the obligations of civil servants and complying with the regulations on prohibited acts of civil servants as stipulated in the Law on Public Officials and other relevant legal provisions.

1. The organization of meetings of the People’s Committee of Ward shall be carried out in accordance with the Working Regulations of the People’s Committee of Ward, convened by the President of the People’s Committee of Ward to fulfill the assigned functions and tasks.

2. The President of the People’s Committee of Ward shall invite the Secretary of the Ward Party Committee, the President of the Vietnam Fatherland Front Committee of the Ward, the heads of political-social organizations in the ward, the Chief of the Ward Police, the Secretaries of Party Cells, the Heads of Residential Groups, and representatives of relevant specialized agencies under the District-, Town-, or City-level People’s Committee to attend meetings when the agenda involves related issues.

3. Conclusions from meetings concerning citizens must be published on the Electronic Portal of the People’s Committee of Ward (except for state-confidential information) as stipulated by law and the Working Regulations of the People’s Committee of Ward, ensuring public and timely information for agencies, organizations, and residents.

Chapter III

IMPLEMENTATION

Article 9. Entry into force

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2. Decree No. 32/2021/ND-CP dated March 29, 2021 of the Government on elaboration of and measures for implementing Resolution No. 97/2019/QH14 dated November 27, 2019, of the National Assembly on the pilot organization of the urban government model in Hanoi shall cease to be effective from the date this Decree comes into force.

Article 10. Transitional provisions

1. The Presidents and Vice Presidents of the People’s Committees of Wards who were appointed before January 1, 2025, shall continue to perform their duties and exercise their powers as stipulated. The term of office shall be calculated according to the appointment decision.

2. The regime of leadership position allowances and concurrent position allowances for Presidents and Vice Presidents of the People’s Committees of Wards and other civil servants working at the People’s Committees of Wards shall be implemented in accordance with the Government's regulations on commune-level officials.

Article 11. Responsibilities for enforcement

1. The Ministry of Home Affairs is responsible for providing guidance, inspection, and supervision of the implementation of the provisions of this Decree.

2. The People's Council and the People's Committee of the City are responsible for implementing this Decree.

3. The People's Committee of the City is responsible for:

a) Issuing the standard Working Regulations of the People’s Committee of Ward;

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4. Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, the President of the People's Committee of Hanoi, and relevant agencies, organizations, and individuals shall implement this Decree.

ON BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER




Nguyen Hoa Binh