Ủy Ban Nhân Dân - Cổng Thông Tin Thành Phố Hồ Chí Minh

ORGANIZATIONAL STRUCTURE, FUNCTIONS AND TASKS OF THE CITY PEOPLE'S COMMITTEE

I. Organizational structure of the City People's Committee

- The City People's Committee consists of the Chairman, Vice Chairman, and members.

- The members of the City People's Committee consist of Members who are heads of professional agencies under the provincial People's Committee, Members in charge of the military, and Members in charge of public security.

- Professional agencies under the City People's Committee include departments and agencies equivalent to departments.

(According to the Law on Organization of Local Government 2015)

II. Working principles of the City People's Committee

1. The City People's Committee operates according to the mode of combining the entitlements and responsibilities of the whole City People's Committee with the individual entitlements and responsibilities of the Chairman of the City People's Committee and those of each member of the City People's Committee. All activities of the City People's Committee and the members of the City People's Committee must ensure the compliance with the Party's leadership, the provisions of the Constitution, the law, the direction and administration of the Government and the Prime Minister, the supervision of the People's Council of Hochiminh City, of the People, and ensure the principle of democratic centralism.

2. Upholding the personal responsibility of the head, promoting the responsibility to set an example. In the assignment of work, each task is assigned to only one agency or unit or one person in charge and taking the main and throughout responsibility. The superior does not do the work in place of the subordinate; the group does not do the work of the individual and vice versa. The head of the agency assigned to work must be responsible for the progress and the results of the assigned work.

3. Handling the work within the assigned competence and responsibilities, in accordance with the order and procedures as prescribed by the law, work program, plan, and this Regulation.

4. Ensuring the requirements of work coordination, exchanging information in solving work and promoting unity in all activities according to the functions, tasks, and powers prescribed by the law. Maintaining the administrative rules and discipline.

5. Performing the assignment, decentralization and authorization according to the provisions of the law, on the basis of clearly defining functions, tasks, powers, and responsibilities of each level, each agency, ensuring the unified management of the City People's Committee, promoting the initiative, responsibility, and creativity of professional agencies, units, and localities in performing the assigned tasks, having an appropriate mechanism to supervise, check and control the power.

6. Ensuring democracy, clarity, transparency and efficiency in all activities. Step by step modernizing and promoting e-government, towards digital government, implementing a unified, smooth, continuous, democratic, professional, modern and integrity administration; serving the People subject to the inspection and supervision of the People.

III. Responsibilities and scope of work settlement of the City People's Committee

1. The City People's Committee is the executive agency of the City People's Council, the local State administrative agency, responsible to the City People, the City People's Council, the Government, and the Prime Minister for the full implementation of the functions and tasks specified in the Law on Organization of Local Government, Resolution No. 131/2020/QH14 dated 16 November 2020 of the National Assembly on the organization of urban government in Hochiminh City, Decree No. 33/2021/ND-CP dated 29 March 2021 of the Government providing for the details and measures to implement Resolution No. 131/2020/QH14 and other relevant legal provisions. The City People's Committee performs the state management function in the locality, contributing to ensuring the direction and unified management in the State administrative apparatus from the central to the grassroots level.

2. The City People's Committee discusses collectively and decides by a majority on the following issues:

a) Work program of the City People's Committee; reviewing the work of direction and administration of the People's Committee, the Chairman of the People's Committee and implementing the Working Regulations of the City People's Committee;

b) Socio-economic development plan, budget estimates (including budget estimates of 16 districts), annual budget settlement, and the City's financial reserve fund to submit to the City People's Council for decision;

c) Plans for investment and construction of projects and works using the state budget capital and of budgetary nature to submit to the City People's Council for decision;

d) Mechanisms and policies to mobilize human force and financial resources to solve urgent problems of the City and submit them to the City People's Council for decision;

e) Measures to implement resolutions of the Government, resolutions of the City Party Committee, and resolutions of the City People's Council on socio-economic, national defense and security issues, through the report of the City People's Council before submitting to the City People's Council;

f) Drafts of legal documents under the promulgating competence of the City People's Committee or considering and submitting to the competent agencies for promulgation;

g) Scheme of new establishment, merger, and dissolution of professional agencies under the City People's Committee and the new establishment, merger, division, and adjustment of administrative boundaries in the City;

h) Other issues prescribed by the law within the competence of the City People's Committee for decision;

i) Issues that the Chairman of the City People's Committee deems necessary,

IV. Mode of work settlement of the City People's Committee

1. Discussing and making decisions on each issue at the regular sessions of the City People's Committee, seminars or sessions to deal with unexpected issues according to the provisions of Clauses 1 and 2, Article 17 of the Working Regulations of the People's Committee of Hochiminh City for the term 2021 - 2026.

2. With respect to issues that do not necessarily require a collective discussion or issues due to urgent requirements, where it is impossible to organize a collective session of the City People's Committee, at the direction of the Chairman of the City People's Committee, the Office of City People's Committee sends all documents, projects and opinion forms to each member of the City People's Committee for opinions. Within 03 (three) working days from the date of receiving the opinion forms, the members of the City People's Committee are obliged to respond. Beyond the said time limit, the members who are late in giving opinions will be considered by the opinion-gathering agency as agreeing with the content to be consulted.

3. A decision of the City People's Committee must be approved by more than half of the total members of the City People's Committee. Upon voting at the session as well as upon using the opinion forms, if the number of votes for and against is equal, the decision shall be made according to the voting opinion of the Chairman of the City People's Committee. If more than half of the total members of the City People's Committee disapprove, the Office of the City People's Committee shall report to the Chairman of the City People's Committee to decide to bring the issue to the nearest session of the City People's Committee for discussion and decision. The members of the City People's Committee are entitled to democratic discussion and have the right to reserve their opinions but must comply with the decisions of the City People's Committee.

4. The City People's Committee assigns the Chairman of the City People's Committee to act on behalf of the City People's Committee to consider and decide on unexpected and urgent issues that need top-priority handling within the competence of the City People's Committee or issues agreed in principle by the City People's Committee. The Chairman of the City People's Committee shall report at the nearest session of the City People's Committee on the decided issues.

5. Based on the work requirements, performance capabilities, and specific conditions and situations, the City People's Committee strengthens decentralization to professional agencies under the City People's Committee and the People's Committee of districts, suburban districts, and cities affiliated to the City to continuously and regularly perform one or several tasks and powers under the competence of the City People's Committee as prescribed by the law.

6. When necessary, the City People's Committee may authorize professional agencies, public non-business units affiliated to the City People's Committee, the People's Committees of districts, suburban districts, and cities affiliated to the city to directly perform one or several tasks and entitlements of the City People's Committee within a fixed term with specific conditions.

(According to Decision No. 52/2021/QD-UBND dated 20 December 2021 of Hochiminh City People's Committee on promulgating working regulations of Hochiminh City People's Committee for the term 2021 - 2026)