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Resolution 725/2009/ubtvqh12: Adjust The Tasks And Powers Of The People's Council, The Provincial People's Committee, Central Cities And Specified The Duties, Powers, Organization Cu. ..

Original Language Title: Nghị quyết 725/2009/UBTVQH12: Điều chỉnh nhiệm vụ, quyền hạn của Hội đồng nhân dân, Ủy ban nhân dân tỉnh, thành phố trực thuộc trung ương và quy định nhiệm vụ, quyền hạn, tổ chức bộ máy củ...

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The RESOLUTION to adjust the duties and powers of the people's Council, the provincial people's Committee, central cities and specified the duties, powers, organization of the people's Committee of the district, the County, ward where no organized District Councils, district, Ward _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the COMMISSION of the NATIONAL ASSEMBLY of the SOCIALIST REPUBLIC of VIETNAM, pursuant to the Constitution of the Socialist Republic Vietnam in 1992 was revised, the addition of a number of articles under resolution 51/2001/QH10;
Pursuant resolution No. 26/2008/QH12 on November 15, 2008 XII Congress, session 4 about the pilot not held the District Councils, district, Ward;
After looking at the Sheet number 01/TTr-CP on 02 January 2009 by the Government on the draft resolution of the Committee of the National Assembly to adjust the duties 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 and assessment/672 BC-UBPL12 on 14 January 2009 of the Commission the law of Parliament, PARLIAMENT: chapter I GENERAL PROVISIONS article 1. This resolution to adjust some of the duties and powers of the District Councils, district where the pilot not held people's Council for the people's Council, the people's committees of provinces and cities directly under the Central Government; Mission rules, powers, organization of the people's Committee of the district, the County, Ward and competence, order and procedures of appointment, resignation as Chairman of the people's Committee, the other members of the people's Committee of the district, the County, ward where no organized the people's Council.
Article 2. This resolution to the Council, the provincial people's Committee, central cities and the people's Committee of the district, the County, ward where no organized District Councils, district, Ward stipulated in resolution No. 724/2009/UBTVQH12 on the 16 January 2009 of the Standing Committee of the National Assembly on the list of the district Ward County of the province, central cities pilot not held the District Councils, district, ward.
Chapter II the DUTIES and powers of the PEOPLE'S COUNCIL, the PROVINCIAL PEOPLE'S COMMITTEE, the CENTRAL CITIES where NOT HELD the DISTRICT COUNCILS, district, Ward article 3. The people's Council, the central cities where not held the District Councils, district, Ward performed the duties and powers prescribed in articles from article 11 to article 18 of the law on organization of people's Council and people's Committee, the provisions of the relevant legislation and the duties , the following powers: 1. To elect the people's assessors district people's Court, according to the introduction of the Fatherland Front Committee, central cities; resignation and recall of people's assessors district people's Court, as proposed by the Chief Justice of the province, the people's Court of the central cities after reunification with the Vietnam Fatherland Front Committee of the same level.
2. Monitoring the activities of the people's Committee, the people's Court, people's Procuratorate district, district.
3. Removal of part or all of the resolutions against the law of the people's Councils of communes.
4. The dissolution of the Town Council, in the case of the people's Council which do serious damage to the interests of the people.
Article 4. People's Committee where no organized District Councils, Ward performed the duties and powers prescribed in articles from Article to article 95 82 of law on organization of people's Council and people's Committee, the provisions of the relevant laws and the following powers, duties : 1. planning approval, plan, program, project and socio-economic development of the district people's Committee.
2. Direct the district people's Committee the task of socio-economic development, strengthen national defense, security and guarantee the life of the local people.
Article 5. The people's Committee of the central cities where not held the District Councils, district, Ward performed the duties and powers prescribed in articles from Article to article 96 82 of law on organization of people's Council and people's Committee, the provisions of the relevant legislation and the duties , the following powers: 1. To approve the master plan, plan, program, project and socio-economic development of the people's Committee of the district, the County.
2. Decide on measures to ensure the uniform implementation of urban planning in the County.
3. Decide on measures to ensure public order, traffic; fire prevention and protection of the environment, the urban landscape in the County.
4. overall planning decision to build the urban district.
5. The decision of the planning, the development plans of local transport network of the district, the County.
6. Direct the district people's Committee, the County made the task of socio-economic development, strengthen national defense, security and guarantee the life of the local people.
Chapter III tasks, powers, ORGANISATION and ACTIVITIES of the PEOPLE'S COMMITTEE of the DISTRICT, the County, ward where NO PEOPLES COUNCIL ORGANIZATION section 1 DUTIES and powers of the PEOPLE'S COMMITTEE of the DISTRICT, the County, ward where NO ORGANIZED the PEOPLE'S COUNCIL article 6. The people's Committee of the district where the people's Council of organizations not to perform the duties and powers stipulated in clause 3, Article 97, 4 2, 3, 4, 5 Article 98, 99, 100, 101 articles, 102, 103, 104, 105, 106 and the 1, 2, 3, 4 Article 107 of the Act of the people's Council and people's Committee , the provisions of the relevant legislation and the duties, the following powers: 1. building plan for socio-economic development process of the annual provincial people's Committee approval; Organization and check the implementation of the plan after it is approved.
2. Estimating State revenue on the table, estimate, local budget, committees report directly to the Senior Council decision.
Based on the estimation of the budget was delivered, the decision specifically state budget income estimation in estimation of incomes and expenses, local budgets and budgeting allocation levels, adjust local budgets estimation in case of need, the decisions undertakings, measures for the implementation of the budget and people's Committee issued reports on the directly distributed results additional traffic and local budget estimation.
Established the settlement currency, the local budget committees report directly to the Senior Council approval.
3. building planning, planning, programmes encourage the development of agriculture, forestry, fisheries, local industry matches the provincial people's Committee approval; implementation planning, planning, the program after approval.
Article 7. The people's Committee of the County Council of organizations where people perform the tasks and powers specified in clause 3, Article 98 Article 99, 4, 2, 3, 4, 100, 101, 102 articles 103, 104, 105, 106, paragraphs 1, 2, 3, 4 Article 107 and article 109 of the law on organization of people's councils and people's committees , the provisions of the relevant legislation and the duties, the following powers: 1. building plan for socio-economic development process of the annual city people's Committee approval; Organization and check the implementation of the plan after it is approved;
2. Estimating State revenue on the table, estimate, local budget, committees report directly to the Senior Council decision.
Based on the estimation of the budget was delivered, the decision specifically state budget income estimation in estimation of incomes and expenses, local budgets and budgeting allocation levels, adjust local budgets estimation in case of need, the decisions undertakings, measures for the implementation of the budget and people's Committee issued reports on the directly distributed results additional traffic and local budget estimation.
Established the settlement currency, the local budget committees report directly to the Senior Council approval.
3. Approval of plans of social-economic development of the ward.
Article 8. Ward people's Committee which organized the Council perform the duties and powers prescribed in the paragraph 3, 4, 5 Article 111, paragraphs 1, 2, 4 Article 112, paragraphs 2, 3, 4 Articles 113, 114, 115, articles 116, 117 and 118 Article 2, 3, 4 of the law on organization of people's councils and people's committees , the provisions of the relevant legislation and the duties, the following powers: 1. building plan for socio-economic development of the people's Committee of the annual upper level directly; implementation of the plan after it is approved.
2. Estimating State revenue on the table, estimate, local budget, the people's Committee issued reports on the decision directly. For ward in the town or city in the then people's Committee issued reports on the directly to the Council for decision.
Based on the estimation of the budget was delivered, the decision specifically state budget income estimation in estimation of incomes and expenses, local budgets and budgeting allocation levels, adjust local budgets estimation in case of need, the decisions undertakings, measures for the implementation of the budget and people's Committee issued reports on the directly distributed results additional traffic and local budget estimation.
Established the settlement currency, the local budget Committee issued reports on the direct approval. For ward in the town or city in the then people's Committee issued reports on the directly to the Council.
3. Implementation plans of social-economic development and urban planning, construction of civilized urban lifestyle, prevention of social evils, preserving order, hygiene and clean streets, roadways, sidewalks, public order and the urban landscape.
4. In collaboration with the Vietnam Fatherland Front Committee of the same level establishing election of Deputies, election of deputies to the people's Council; the Organization conducted the election of Deputies, deputies to the people's councils in accordance with the law.
Section 2

 ORGANIZATION and OPERATION of PEOPLE'S COMMITTEE of the DISTRICT, the County, ward where NO PEOPLES COUNCIL ORGANIZATION article 9.
1. the people's Committee of the district, the county where no organized the people's Council is the administrative agency under the people's Committee, the central cities, where Ward people's Committee did not organize the people's Council is the administrative agency under the people's Committee of the County towns and cities in the province; the decisions undertakings, measures for socio-economic development, strengthen national defense, security on the area under the provisions of the law and the hierarchy of people's committees of the upper level; ensure the uniform management, in the administrative apparatus of the State from the central to the base.
2. the people's Committee of the district, the County, ward where no organized councils include the President, Vice President and member of the people's Committee Chairman by supervisor appointment, resignation, resignation.
3. the people's Committee of the district, the county where no organized the people's Council has from seven to nine members; Ward people's Committee have from three to five members.
The structure of the district people's Committee members, district, ward where not organized by the Government of the people's Council regulations.
Article 10.
1. the people's Committee of the district, the county where no organized the Council collective discussion and decision by the majority of the following issues: a) Statute work, annual activity program and through people's Committee's report before the Committee the upper level;
b) planning, economic-development plan social; estimation of annual budget settlement, and his level of the reserve fund; investment, construction of key projects; mobilization of financial, human resources to tackle the urgent issue of locality as defined by law and the hierarchy of superior people's Committee;
c) advocates, measures for socio-economic development, defense, local security;
d) through the project of a new establishment, merger, dissolution of specialized agencies in the Committee;
other issues) at the suggestion of the President of the people's Committee at the same level.
2. do not place Ward people's Committee organized the Council collective discussion and decision by the majority of the problems specified at points a, b, c and paragraph 1 of this article.
3. the people's Committee of the district, the County, ward where no organized the people's Council meeting at least once each month. The decision of the Committee to be too half the total membership of the people's Committee approval voting. Case comments agree and disagree with each other, the parties decide to follow the opinion of the Chairman of the Committee.
4. the people's Committee of the district, the County, ward where no organized the people's Council decision, the directive to carry out the task, their powers.
Article 11.
1. The Chairman of the district people's Committee, district, ward where no organized the people's Council is the leadership and administration of the work of the people's Committee, responsible before the law and before the superior people's Committee on the implementation of the tasks and powers of the people's Committee.
2. The Chairman of the district people's Committee where no organized councils perform the duties and powers stipulated in article 127 of the law on organization of people's councils and people's committees and the task, the following powers: a) approved results Chairman, Vice Chairman of the people's commune , the town;
b) suspends the enforcement of resolutions against the law of the people's Councils of communes and the Petitions Committee Chairman suggested to the provincial people's Council granted the annulment.
3. The Chairman of the district people's Committee where no organized the Council perform the duties and powers provided for in the paragraph 1, 2, 4, 5, 6, 7 to article 127 of the law on organization of people's councils and people's committees and the appointment, dismissal, resignation maneuver, reward, disciplinary Chairman , Vice-President, Commissioner, Ward people's Committee officials and public servants under the manage hierarchy.
4. the people's Committee Chairman ward where no organized the people's Council made the task of regulatory powers, the points c and d, paragraph 1, item 2, 6 and 7 Article 127 of the law on organization of people's councils and people's committees.
Article 12. Vice Chairman and member of the people's Committee of the district, the County, ward where no peoples Council organizations performing tasks and powers under the regulation of work and the assignment of the President of the people's Committee at the same level; responsible before the law and before the President of the people's Committee at the same level on the implementation of the tasks, assigned powers; together with the Chairman and the other members of the collective responsibility of the people's Committee issues a decision.
Article 13.
1. The specialized agencies in the district people's Committee, the county where no organized the people's Council is the Agency staff, help the people's Committee of the district, the County made the State management functionality locally, made a number of tasks and powers as assigned by the district people's Committee , and in accordance with the law; contribute to ensuring the consistency of the management of industries or sectors from the central to the base.
2. Specialized agencies in the district people's Committee, the county where the people's Council of organizations not subject to the direction, management, staffing and organization of the work of the people's Committee of the district, the County, and subject to the direction, the test of professional expertise of the specialized agencies in the provincial people's Committee; responsible for reporting the work of the people's Committee of the district, the County and the specialized agencies.
3. The organization of specialized agencies in the district people's Committee, the county where no organized the people's Council made pursuant to the Government.
Article 14.
1. The Chairman of the Committee of Vietnam Fatherland Front and the head of the mass of the people in the district, the County, ward where no organized the people's Council was invited to attend the session of the people's Committee at the same level as the relevant issue desk.
The people's Committee of the district, the County, ward where no organized the people's Council create conditions favorable to the Committee of Vietnam Fatherland Front and the mass of the people the same level of organization, motivate the people involved construction, strengthen people's Government; implementation of the policy, the laws of the State, supervises the activities of State bodies, officials and civil servants.
2. the people's Committee of the district, the County, ward where no organized the people's Council made the notification regime the situation of all aspects of the local Committee of Vietnam Fatherland Front and the mass people of the same level.
The people's Committee and the members of the people's Committee of the district, the County, ward where not held people's councils are responsible for resolving and responding to the recommendations of the Committee of Vietnam Fatherland Front and the mass people of the same level.
Chapter IV jurisdiction, the order and PROCEDURES of appointment, resignation AS CHAIRMAN, VICE CHAIRMAN and MEMBER of the PEOPLE'S COMMITTEE of the DISTRICT, the County, ward where NO ORGANIZED the PEOPLE'S COUNCIL article 15. The authority to appoint, resignation as Chairman, Vice Chairman, Member of the people's Committee of the district, the County, ward where not held people's councils are defined as follows: 1. The Chairman of the provincial people's Committee, the city of centrally appointed, resignation as Chairman, Vice Chairman and member of the people's Committee of the district , district.
2. The Chairman of the district people's Committee, the town or city in the appointment, resignation as Chairman, Deputy Chairman and Commissioner Ward people's Committee.
Article 16. Order and procedure for appointment of the President, Vice President, Member of the people's Committee of the district, the County, ward where not held people's councils are defined as follows: 1. the appointment of the Chairman of the district people's Committee, district, Ward: a) the people's Committee of the district, the County, Ward proposed to introduce personnel;
b) after the comments agreed in writing by the competent authorities, the agency managing the establishment officials suggested the appointment;
c) base profile and the appointment process of the people's Committee has appointed officers, personnel administration, the people's Committee Chairman supervisor to review the decision.
2. Appointment of Deputy Chairman and member of the people's Committee of the district, the County, Ward: a) the President of the people's Committee of the district, the County, Ward proposed to introduce personnel;
b) after the comments agreed in writing by the competent authorities, the agency managing the establishment officials suggested the appointment;
c) base profile and the appointment process of the people's Committee has appointed officers level, personnel administration, the people's Committee Chairman supervisor to review the decision.
Article 17. Order and procedure review, decided the resignation as Chairman, Vice Chairman and member of the people's Committee of the district, the County, ward where no organized the people's Council made under the provisions of the law of dismissal, for officials and civil servants.
Chapter V PROVISIONS Enacted 18.
1. the people's assessors district people's Court, the term 2004-2009 where does people's Council of organizations continue to operate until the people's Council, the central cities elect new people's assessors.
The people's assessors of the people's Court of the district, the county where not held according to the people's Assembly of the people's Council, the central cities.
2. The Government, the Supreme People's Court, the Supreme People's Procuratorate, the Central Committee of the Vietnam Fatherland Front in the scope of the task, their powers are responsible for the Organization, guiding the implementation of this resolution.
3. The people's Council, the provincial people's Committee, the central cities, the people's Committee of the district, the County, ward where no organized District Councils, district, Ward is responsible for the implementation of this resolution.
4. This resolution have effect from 1 April 2009./.