Circular 04/2012/tt-Bnv: Guidance On The Organization And Operation Of Hamlet, Population Groups

Original Language Title: Thông tư 04/2012/TT-BNV: Hướng dẫn về tổ chức và hoạt động của thôn, tổ dân phố

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INTERIOR MINISTRY
Number: 04 /2012/TT-BNV
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, August 31, 2012

IT ' S SMART

Guidance on the organization and activities of the village, the neighborhood.

____________________

Base of Protocol 61 /2012/NĐ-CP August 10, 2012 the Government regulates the functions, duties, powers, and organizational structure of the Ministry of the Interior;

The UN Security Council. 09 /2008/NLTT-CP-UBTWMTTQVN April 17, 2008 of the Government and the Central Committee of the United Front of Vietnam directed the implementation of Articles 11, Article 14, Article 16, Article 22, and Article 26 of the Ordination of the Order of the People in the commune, ward, town;

Base Decision Base 85 /2002/QĐ-TTg June 28, 2002 by the Prime Minister of the Government on the Board of Planning to implement Resolution 17-NQ/TW on 18 March 2002 of the 5th Conference of the Fifth Party Executive Committee on "Innovation and Enhancing The Quality Of Political System at the Governing Body". township, ward, town ";

Secretary of the Interior for the organization and activities of the village, the neighborhood,

Chapter I

GENERAL REGULATION

What? 1. Object and scope

This information instructs the organization and operation of the village, the neighborhood.

What? 2. Thon, the neighborhood nest

1. Thon, village, incubation, copy, trade, bon, phum, squirrel, ... (collectively, the village); the village is organized in the commune; under the commune is the village.

2. The neighborhood, the neighborhood, the block, the hamlet, the sub-district, ... (collectively known as the neighborhood); the townsfolk are organized in the wards, the town; in the wards, the town is the city's nest.

3. Thon, the neighborhood nest is not an administrative level but the self-governing organization of the community of residential communities residing in an area in a commune, ward, town (commune, ward, town, later known as township level); where democracy is direct and direct. It is widely used to develop self-governing forms of self-governance, the organization of the people who implement the organization, the party's path, the policy, the law of the State and the rank of delivery.

What? 3. The principles of organizing and activities of the village, the neighborhood nest

1. Thon, the neighborhood is under the direct state administration of the administration of the township government. In the village's activities, the people of the city must obey the law, democracy, public, transparency; guarantee the leadership, the direction of the party-level, the administration and guidance, the implementation of the Fatherland Front and the political-social organization.

2. Do not divide the hamlet, the neighborhood of the city is functioning stable to form new hamlet, the new neighborhood.

3. Enabling the annexation of the village, the neighborhood to form a new hamlet, the new population to lean the apparatus, improve the efficiency, efficiency of the administration, and raise the efficiency of the investment in the economic infrastructure-the society of the hamlet, the neighborhood.

4. The hamlet, the neighborhood group located in the process of liberation, planning to expand, resettle or regulate administrative boundaries issued by the authority to approve or due to the emigration that formed new residential clusters in the high mountains, border regions, customs and other areas. The island, the deep, distant region, where the terrain is divided, the site is wide, the traffic is difficult, it requires new villages, new neighborhoods, new cities, new cities can be lower than the provisions of this Article 7.

5. The new non-establishment case, the new neighborhood in accordance with Article 4 of Article 4, which paired new urban clusters into the village, the existing city population accordingly, guaranteed favorable benefits in the management work of the government administration and its activities. Hamlet, the neighborhood, the neighborhood.

Chapter II

ORGANIZATIONS AND ACTIVITIES OF THE VILLAGE.

What? 4. The organization of the village, the neighborhood.

1. Each village has the Mayor, 1 Deputy Chief and other self-governing organizations of the village. The village has over 500 households, and may have an additional 1 Deputy Chief.

2. Every neighborhood host, 01 Organisitalos and other self-governing organizations of the neighborhood. There are more than 600 families in the neighborhood, and it is possible to have an additional 1 Organisation for the neighborhood.

What? 5. Village operating content, neighborhood group.

1. The rural community, the people of the village and vote to grant authority to decide on the rules of the law on the democratic implementation of democracy, ward, town; table, and decision to direct the implementation of self-governance work. the regulation of the law in the construction of new rural, urban, modern, modern, productive development, infrastructure construction, public welfare works, poverty eradication, poverty reduction; the implementation of the party, the Party line, the policy and the law. of the State; the work provided by the commission, the authorities, the Fatherland Front and the political-social organizations on the deployment to the public. The villagers, the people of the city; exercise their rights and citizenship to the State; ensure solidarity, democracy, public, transparency, security, order, social security and sanitation; and preserve and develop traditional cultural traditions in the locality; and building. set up, held and commanded the title of "Cultural", "Cultural City"; the anti-social and social-free eradication chamber.

2. Make democracy at the facility; build and implement the statute, the convention, the convention of the village, the people of the city; actively participate in the movement "The whole people unite to build cultural life in residential areas" and movements, the movements run by political organizations. -social media.

3. Implementing the leadership of the village branch, the neighborhood organization or the social committee or the living genus (where there is no village spending, the neighborhood spending), reinforcing and maintaining the effective functioning of other self-governing institutions of the village, the neighborhood of the city according to its regulation. the law.

4. Vote, dismissal, Chief of the Village, Organisitology and Deputy Head of the Village, Organisitology. Elected, dismissed as a People's Inspector General, the community's investment supervising board under the rule of law on the implementation of democracy in the commune, ward, town.

5. The village's active content, the city's organized neighborhood, is carried out through the village's convention, the neighborhood.

What? 6. Village conference, neighborhood group

1. The village assembly is held every year twice (the time in the middle of the year and the end of the year); when it is necessary to meet an extraordinary meeting. The conference component is the entire voter or voter representation of the family in the village, the neighborhood. The meeting was led by the Chief of the City, the host of the townsfolk, and presided over. The conference was conducted when there were more than 50% of the electorate or voters representing the household in the village, the neighborhood group attending.

2. The organization for the people to discuss and decide directly or voting to grant the decision to grant the decision to be made by regulation at Article 1, Article 2, Article 3, Article 4 and Article 5 of the Executive Guide to the General Assembly Resolution 09 /2008/NLTT-CP-UBTWMTTQVN April 17, 2008 by the Government and the Central Committee of the Vietnam National Front.

What? 7. New village conditions, new neighborhoods

The establishment of a new village, the new city, has to ensure the following conditions:

1. Family number size:

a) For the hamlet: In the plain, there must be 200 households or more; in the mountains, the border, the island must have 100 households.

b) For the neighborhood: In the plain, there must be between 250 households; in the mountains, the border, the island must have 150 households.

In the case of a ward, the town moved from the township to the town's existing hamlet of the townsfolk, the town.

2. Other conditions:

The village and the population must have economic infrastructure-essential society, in accordance with local conditions for the service of community activities and the stability of the lives of the people. The village itself must ensure the land area and the land production of each household is at least equal to the general level of the commune.

What? 8. Process and new village planning, new townsfolk

1. The principle base rules on Article 3 and conditions of new hamlet, new neighborhoods in Article 7 This April, the Provincial People 's Committee decided to host the new village, the new population; direct the People' s Committee of the District People 's Committee of the People' s Committee. Building a new village project, new neighborhood. The principal content of the project consists of:

a) The need for new towns, new cities;

b) The name of the new village, the new city,

c) The geographical location, the boundaries of the new hamlet, the new population (which has a diagram showing geographical location);

d) The population (household number, demographic number) of the new hamlet, the new population;

The natural area of the new village, the new population (for the hamlet to detail the amount of land in the land, the land of production), the unit of which is the hectare;

e) Other conditions stipulate at paragraph 2 Article 7 This message;

g) Proposal.

2. The Social People ' s Committee organizes the opinion of the whole electorate or the electorate representing the family in the new village of the new village, the new neighborhood of the new city project, the new city, the new city; the sum of the opinion and the establishment of the initiative.

3. The new urban scheme, new city, if more than 50 percent of the electorate or voters representing the family in the new urban area, the new population espers, the People ' s Committee to complete the profile (with the receipt of opinion) the council. It ' s the social population at the nearest meeting. During the ten-day period of work since the day of the Resolution of the Council of the People's Composition, the Committee of the People's Committee of the People's Committee of the Committee of the Committee of the People's Committee of the District.

4. During the fifteen-day period of work since the date of the adoption of the valid dosages passed by the Social People 's Committee, the District People' s Committee has the Papers (with a new village plan, the new neighborhood of the People ' s Committee) to submit the Department of Internal Affairs to the Department of the Interior. The Provincial People's Committee. The appraisal deadline for the Home Office is not more than fifteen working days since the date received the Ministry of the District People's Committee.

5. Provincial People's Committee records include:

a) The presentation of the District People's Committee (which is accompanied by a new village and a new village, the new neighborhood of the Social People's Committee of the Social People's Committee of the District as specified in Clause 1, Clause 2 and Clause 3 This Article);

b) The appraisal text of the Home Office.

6. Based on the preliminary profile of the District People 's Committee and the appraisal results of the Internal Affairs Department, the People' s Provincial Committee of the People ' s Provincial Committee on the same review issued the decision to establish a new village, the new neighborhood. Following the resolution of the Provincial People's Assembly, the Chairman of the Provincial People's Committee issued the decision to establish a new village, the new city.

What? 9. The process and pool of residential clusters in the village, the neighborhood is now

1. For the case of a cluster of residential clusters in the village, the neighborhood is currently under the provisions of Article 5 Article 3 of this information after a decision on the chairperson of the District People's Committee, the Committee of the People's Committee, to build a cluster of people in the village, the people. There is. The principal content of the project consists of:

a) The need for residential clusters to the village, the existing population;

b) The geographic location, the boundaries of the hamlet, the neighborhood organization after the transplant (which has a diagram showing geographical location);

c) The population (household number, demographic number) of the village, the neighborhood organization after the transplant;

d) The natural area of the hamlet, the neighborhood organization after the transplant (for the hamlet to detail the amount of land in the land of the land, the land of production), the unit of which is the hectare;

Proposition, recommendations.

2. The Social People ' s Committee organizes the opinion of the entire electorate or the electorate representing the family in the area of the implementation of the population cluster (including the population cluster and hamlet, the existing neighborhood group) on the Project to join the cluster in the village, the existing neighborhood; the sum of the population. The idea and establishment of the project are on the project.

3. The project to join the population cluster in the village, where the existing population is if more than 50% of the electorate or the electorate of the household electricity in the area to implement a cluster of residents, the People's Committee to complete the case (with the receipt of opinion) the Council of the Council. It ' s the social population at the nearest meeting. During the ten-day period of work since the day of the Resolution of the People's Assembly, the People's Committee of the People's Committee of the People's Committee is complete.

The case is not yet more than 50% of the electorate or the electorate representing the family in the area of the population of the population espers, and the People's Committee of the People's Committee took the second opinion; if it was not over 50% of the electorate or the electorate representing the household. The suspension of the city on a five-day period since the date of the second opinion, the People ' s Committee of the People's Committee reports the Committee of the People's Committee to review, decide.

4. People's Committee records include:

a) The report of the Committee of the People's Committee;

b) A population cluster file in the village, the existing neighborhood of the People's Committee on the provisions of Clause 1, Clause 2 and Clause 3 This.

5. In the fifteen-day period of work since the date of receiving enough valid dosages passed by the People 's Committee, the district-level People' s Committee is responsible for review, through and the delivery of the Chairman of the District People ' s Committee to issue a decision to join the cluster. In the village, the neighborhood.

Chapter III

THE VILLAGE CHIEF, THE ORGANIZATION OF THE NEIGHBORHOOD AND VICE MAYOR, ORGANIZES THE NEIGHBORHOOD.

What? 10. The mission, the powers of the Mayor and the City of the People's Nest

1. Mission:

a) To ensure the activities of the hamlet, the neighborhood organization by regulation at Article 5 and Article 6 of this Privacy;

b) Million volumes and presiding over the village conference, the neighborhood nest;

c) The implementation of the implementation of the contents of the village's population, the people's community and the direct decision; the organization of the people in the village, the people who perform the right topics, the lines of the party, the policy, the law of the State and the duties of the people. level on the delivery.

d) Advocate and organization of the people performing good democracy at the facility; the organization to build and implement the statute, convention, village of the village, the people of the city not contrary to the rule of law;

In collaboration with the Front Work Board and political-social organizations of the village, the people of the city, the organization of the people involved in the movement of the "People to unite cultural life in residential areas", the movement of "skillful people" and movements, The movement was launched by the Fatherland Front and the political-social organizations.

e) The organization of people to keep security, order and social safety; room, anti-crime and social crimes in the village, the neighborhood, no conflict, complex disputes within the civil society; report in time with the Social People ' s Committee. The acts of violation of the law in the hamlet, the people of the street,

g) Rally, reflect, offer the social authorities to address the petitions, the legitimate aspirations of the people of the village, the people of the neighborhood; the editorial of the issues that have been committed to the people of the village, the people of the table, and the vote directly, and the vote and the vote. granting the authority to decide; report results to the Chairperson of the People ' s Commission;

h) Coordinated with the Head of the Front and Head of the Front and Political Organization of the Village, the neighborhood organization in the implementation of political-social duty in the residential community; promote the activity of self-governing organizations (if any) of the village, organization. And the people of the people, the people, the people, the people, the people, the people, the people, the people, the people, and the people, and the people, and the people, and the people, and the people, and the people, and the people, and the people, and the people, and the people, and the people,

i) Every month of reporting results with the Social People ' s Committee; the first six months of the year and the end of the year must report work before the village council, the neighborhood.

2. Authority:

a) To be contracted for manufacturing services, construction of infrastructure and public welfare work due to the village, the investment city has been approved by the village council.

b) The village leader, the organization of the neighborhood to introduce the Deputy Chief, the Organisitate of the City to help; the assignment of the task and the provision of the powers to resolve the work of the Deputy Chief, the Organisitate of the City, and to be granted on the invitation to the meeting on matters of concern;

c) To carry out the tasks provided by the delivery and other duties in the residential community as defined by the law.

What? 11. Head of the Village, Organisitate of the City, and the Deputy Head of the Village.

The Head of the Village, the City and Deputy Chief of the Village, the Organisants of the City must be a permanent residence and permanent residence in the village, which is 21 years old and older, healthy, enthusiastic, and mentally responsible; there is quality. The political and moral virtues are good, the people of faith; themselves and the mirror family perform the way, the initiative of the Party, the policy, the laws of the State and the local regulations; there is cultural, capacity, experience, and media. Movement, organization of the people performing well for the self-governing community of the population and the job of delivery.

What? 12. Rules of voting, dismissal, Chief of the Village, Organisitology and Deputy Head of the Village, Organisitology

1. Head of the Village, City of the People's Nest, and the introduction of the Deputy Head of the Village:

a) the village board of the city, the city of the host city,

b) The leader of the village, the organization of the townsfolk who introduced the Deputy Chief, the People's Nest (after the unification with the Village Front Works).

2. The voting process, dismissal, Chief of the Village, the Organization of the Organisitology currently rules at Article 6, Article 7, Article 8, Article 9, Article 10, Article 11 and Article 12 of the Executive Guide accompanying the No. 09 /2008/NLTT-CP-UBTWMTTQVN April 17, 2008 by the Government and the Central Committee of the Vietnam National Front.

The voting process, the dismissal of the Deputy Head of the Village, the Organisitology of the City.

3. The term of the Chief of the Village, the City of the Patristive and the Deputy Head of the Village:

a) The Mayor and the Chief of the City of the City are two and a half years. In case of a new village, a new neighborhood or a village defect, a neighborhood organization, the Chairman of the People's Committee of the Social People's Committee, is active until voters or voters represent the village's family. The city of New York City, the New York City's New York City, has not been so six months from the date of the decision.

b) The term of the Deputy Head of the Village, the Organisitate of the People's Nest, is done by the term of the Chief of the Village, the City of the City of the City.

4. Head of the Village, Organisitologist and Deputy Head of the Village, the People's Composition, which is decided by the Chairman of the People's Committee of the People's Committee.

What? 13. The regime, policy towards the Chief of the Village, Organisitation of the City and Deputy Head of the Village,

1. Head of the Village, Organisitor of the neighborhood are non-professional activists in the hamlet, the neighborhood, and enjoy a monthly level, the level of substandard issued by the Provincial People's Council as determined by law.

2. Head of the Village, City of the Organisants and Deputy Head of the Village, the Organisants of the People's Nest, fostering, training of knowledge, skills necessary; the completion of duty excellence is expressed, commendable; not completed, there are violations. disability, not being a person of confidence, depending on the extent of the crime, will be dismissed, dismissed or pursued by law.

Chapter IV

ACCOUNTABILITY AND PERFORMANCE

What? 14.

1. Provincial People ' s Committee:

a) The People's Council governs the new village, the new city;

b) The organisation ' s organizing and activities Statables, the neighborhood organization in line with the actual situation in the locality;

c) In order to classify the hamlet, the neighborhood is in line with the actual size of the population, the area and the characteristics of the local population.

2. Chairman of the Provincial People ' s Commission:

a) The decision to form a new village, the new city after the resolution of the Provincial People's Assembly;

b) Decided to result in the village classification, the neighborhood organization for the most social authorities to implement;

c) Instructs the implementation of this Information and the Organizational Processes and Operations of the Village, the neighborhood organization issued by the Provincial People's Committee on the site.

3. Chairman of the District People ' s Committee:

a) The decision to join the cluster of people in the village, the existing neighborhood, after having been approved by the People's Committee;

b) Command, examine the implementation of this Information and Organizational Regulation and activities of the village, the neighborhood organization issued by the Provincial People's Committee on the site.

4. Chairman of the Social People ' s Committee:

a) Head of the village, the Chief of the Provisional Population.

b) Decision to recognize the Chief of the Village, the Organisor of the City and the Deputy Head of the Village,

c) Management, direction, operations of the Head of the Village, Organisoing of the neighborhood on the provisions of this Information and the organization of the organization and activities of the village, the neighborhood organization issued by the People's Committee.

5. Internal Affairs:

a) New York City, the new city, the new city,

b) Track of the implementation of the provisions of this Information and the organization of the organization and activities of the village, the neighborhood organization issued by the People's Committee;

c) Governor, check out the District People ' s Committee on the implementation of the Organizational And Operational Statute of the Village, the neighborhood;

d) December of the year, report the Provincial People's Committee, the Ministry of the Interior on the implementation of this Information and the Organizational Processes and Operations of the Village, the local neighborhood organization.

What? 15.

1. This message has been in effect since October 15, 2012.

2. This information replaces the number Decision 13 /2002/QĐ-BNV December 6, 2002 of the Minister of the Interior for the promulgation of the organization and activities of the village and the neighborhood.

3. For the hamlet, the neighborhood of the neighborhood has arranged for 1 Deputy Chief of the Village, the Organisitologist according to the number of people prescribed at Article 4 of the Organization and Operations Regulation of the Village and the neighborhood organization accompanied by Decision No. 13 /2002/QĐ-BNV Then the Deputy Chief, the more organized neighborhood of the city, continues to operate until the end of the term, and then follow the provisions of this Article 4.

In the process of doing this, if there is an entangrium, the organization and the individual submit an opinion about the Ministry of the Interior for the study, the ./.

KT. MINISTER.
Chief.

(signed)

Nguyen Duan