Circular No. 03/2009/tt-Bnv: Guidelines For Implementing The Pilot Not Held The District Councils, District, Ward

Original Language Title: Thông tư 02/2009/TT-BNV: Hướng dẫn triển khai thực hiện thí điểm không tổ chức Hội đồng nhân dân huyện, quận, phường

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Pursuant resolution No. 26/2008/QH12 on November 15, 2008 XII Congress on the implementation of the pilot not held the District Councils, district, Ward;

Pursuant resolution No. 724/2009/UBTVQH12 on the 16 January 2009 of the Standing Committee of the National Assembly on the list of the district, the County, ward of the central cities, piloted not held the District Councils, district, Ward;

Pursuant resolution No. 725/2009/UBTVQH12 on the 16 January 2009 of the Standing Committee of the Congress on adjustment of the tasks and powers of the people's Council, the provincial people's Committee, central cities and specified the duties, powers, organization of the district people's Committee , district, ward where no organized District Councils, district, Ward;

Pursuant to Decree No. 48/2008/ND-CP on April 17, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of the Interior;

Pursuant to decision No. 241/QD-TTg dated Feb. 23, 2009 approved the Prime Minister's plans to implement resolution No. 26/2008/QH12 on November 15, 2008 on the implementation of the pilot not held the District Councils, district, Ward;

The Interior Ministry guide the implementation of the pilot not held the District Councils, district, ward as follows: article 1. The Organization directs the pilot not held the District Councils, district, Ward 1. Pursuant to the resolutions of the Congress, the Standing Committee of the National Assembly and the Prime Minister's plan, people's committees of provinces and cities under central where the pilot not held the District Councils, district, Ward (hereinafter referred to as the place where the pilot) may establish committees to direct the pilot not held people's Council the district, the County, the local ward.

a) case established the Steering Committee of the central cities, the organizing Steering Committee directs the pilot not held the District Councils, district, Ward;

b) case does not establish the Steering Committee of the provincial people's Committee, the central cities to help staff Committee Standing Committee, the Committee of the specific assignment the Agency, local authorities held the pilot not held the District Councils, district local ward.

2. the people's committees of provinces and cities under central report to Government (through the Ministry of the Interior) list of standing committees or permanent authority in directing the work of the local pilot, attached to the Presidency, work address, telephone numbers and FAX numbers of members permanent agency, direction, implementation of local pilot.

Article 2. Training and advocacy organizations implementing pilot 1. Organize training for pilot implementation of the Steering Committee, the city in Central or provincial party Committee Standing Committee, the Standing Committee on the Prime Minister's plan, directs the Organization holds, the text of The politics, Congress, the Standing Committee of the National Assembly The Government, the Prime Minister, the Ministry's text, the Central sector on leadership, directing and regulating the pilot not held the District Councils, district, ward.

2. Organized propaganda pilot implementation.

a) advocacy organisation, extensive dissemination of officers, civil servants and the people of the meaning, the purpose of the implementation of the undertakings of the party and the State on the pilot not held the District Councils, district, Ward;

b) base characteristics, the specific situation of the local people's Committee, the level where piloted through the advocacy organization directed the news agency, the local media propagating the work of implementing the pilot; compilation of propaganda material to put information about the content of the pilot to the local elite, focus direct places piloted not held the District Councils, district, Ward; the Organization introduced the basic content of the writing of the politics, Congress, the Standing Committee of the National Assembly, the Government, the Prime Minister and the Ministry's text, the Central sector.

c) time propaganda organization piloted starting from the stage of implementation and progress throughout the process the local pilot.

Article 3. Perform end operation of the District Councils, district, ward at the pilot.

1. the people's committees of provinces and cities under central coordination with Council people the same level of building plans to make the end of the term of operation of the District Councils, district, ward at the pilot and instructor hosted the session of the 2004-2009 term as the operation of District Councils , district, ward.

2. The content of the term of operation of the District Councils, district, Ward focuses on the assessment of the situation of the Organization and activities of the Council; results the implementation of the tasks and powers of the Council; the advantages, limitations, exists in the Organization, the activities of the Council and make recommendations, propose to the National Assembly, the Standing Committee of the National Assembly, the Government through the term of operation of the District Councils, district, ward.

Article 4. Make the appointment of Chairman, Vice Chairman and member of the people's Committee of the district, the County, ward in the place where the pilot 1. Process, the procedure of appointment of the Chairman, Vice Chairman and member of the people's Committee of the district, the County, Ward made according to the provisions of article 15 and article 16 of the resolution No. 725/2009/QH12 on 16 January 2009 by the Standing Committee of the National Assembly and circular No. 03/2009/TT-BNV, on 19 March 2009 the Ministry of the Interior's guidelines procedure of appointment, resignation as Chairman, Vice Chairman, Member of the people's Committee of the district, the County, ward where no organized the people's Council;

2. The appointment of Chairman, Vice Chairman and member of the people's Committee of the district, the County, Ward can make to those who are ensuring that positions if still ensuring the conditions, standards for appointed positions;

3. Perform appointed Chairman of the district people's Committee, district, Ward before appointed Deputy Chairman and member of the people's Committee. For the city in Central, made the appointment of district people's Committee Chairman before proceeding to appoint the Chairman, Deputy Chairman and Commissioner Ward people's Committee;

4. proceed period appointed Chairman, Vice Chairman and member of the people's Committee of the district, the County, Ward made right after the end of term of operation of the District Councils, district ward where pilot and at the latest before the 25th of May 2009.

Article 5. Mode, internal policy in the process of implementing the pilot 1. The representatives of the District Councils, district, Ward 2004-2009 term in place of the pilot not held end people's Council delegates tasks the people's Council in the unit that since 25 April 2009;

Mode, the policy for the people's Councils at the end of the term of activity according to the provisions of resolution 753/2005/NQ-UBTVQH11 April 2005 by the Commission of the National Assembly promulgated the regulations of the people's Council and the current regulatory text mode , policies for the people's Council;

2. Who holds the titles of Chairman, Vice-Chairman, Member of the people's Council, the President, Vice President, Member of the people's Committee of the district, County; The President, the Vice President of the people's Council, the President, Vice President, Member of the ward people's Committee in the 2004-2009 term are reviewed, the layout position of the work suit, have considered appointed on the position of the people's Committee at the same level;

3. where the holder of the titles specified in clause 2 of this was appointed leader of the other, if the new position allowance level is lower than the level of the allowance position of the old leadership titles are reserved allowance level position of the old leadership position in 6 months from November was appointed new leadership list; from July onwards affected the level of the allowance position of new leadership positions;

4. where the holder of the titles specified in clause 2 of this Honorable leaders, honorifics are reserved allowance level position of the old leadership position in 6 months from the date of the decision only hold leadership positions; from the seventh month onwards only allowance leadership. If only the title holder to retire according to the notice of the competent agency shall retain the level of allowance currently enjoyed leadership;

5. The salary was appointed to the position of Chairman, Vice-Chairman, Member of the people's Committee and ward finishing hold the title of Chairman, Vice Chairman of the people's Council Ward; The President, Vice President, Member of the people's Committee of the ward where pilot implementation as specified in circular No. 79/2005/TT-BNV on August 10, 2005 of the Ministry of the Interior arranged for salary transfer guide public servants when changing jobs.

Article 6. Implementation 1. Preliminary organization, of the pilot implementation of a provincial people's Committee), city in central staff help the Steering Committee or the Standing Committee Standing Committee, the Standing Committee held preliminary work for the pilot unit of the district, the County, ward where piloted;

b) contents preliminary pilot implementation focus reviews the process of implementation, the results of the steps implemented and the content was made; the advantages and drawbacks, exist in the process of implementing the pilot; results the implementation of the tasks and powers of the local authorities and the people's Committee of the district, the County, the place where the pilot Ward; the proposals and recommendations to the Congress, the Standing Committee of the National Assembly, the Government, the Prime Minister and the Ministry, the Central sector following the implementation phase initially and after the pilot implementation profile;


c) people's Committee of the central cities, Chief of provincial party Committee Standing Committee, help the Committee or the Steering Committee held preliminary report preliminary construction and the implementation of local pilot provinces and cities under central. Preliminary report the pilot not held local councils was submitted to the Steering Committee and the Central Government (through the Ministry of the Interior);

d) The summing up the implementation process at the local pilot under the guidance of the Central Steering Committee.

2. report information mode a) committees of the levels where the pilot made regular reporting according to the progress of the situation of preparation, deployment and implementation pilot not held people's Councils of the district, the County, the local ward people's Committee up the upper level directly;

b) people's Committee of the central cities, where pilot taken seriously the mode information report with the Steering Committee and the Central Government (through the Ministry of the Interior) according to the progress of each stage to perform pilot;

c) periodically six months and every year, the people's Committee in the levels where the pilot not held the District Councils, district, Ward made the report information mode.

3. the cost of implementing a) cost of service for the pilot not held the District Councils, district, Ward performed as specified in paragraph 4, part III of the plan of implementation of resolution No. 26/2008/QH12 on November 15, 2008 on the implementation of the pilot not held people's Council District , district, Ward issued together with decision No. 241/QD-TTg dated Feb. 23, 2009 by Prime.

The use of funds for pilot service not organized District Councils, district, Ward according to the rules of use of the State budget;

b) Interior Department of the province of the central cities, where pilot implementation in collaboration with the Department of finance the people's committees of provinces and cities under central Government funding decisions to perform pilot.

Article 7. Effect 1. This circular effect since 1 April 2009.

2. The Chairman of the provincial people's Committee, the central cities where the pilot not held the District Councils, district, Ward is responsible for organizing the implementation of this circular.

3. In the process of implementation, if any problems arise or have difficulties and obstacles, the province, the central cities in need of timely reflection of the Research Department of the Interior.