Chairman of the National Assembly's Law Committee Hoang Thanh Tung presented a report explaining, accepting and revising the draft Law on the Capital (amended) at the meeting on the afternoon of May 28. (Photo: THUY NGUYEN)
No People's Council at ward level in Hanoi
On the afternoon of May 28, presenting a Summary Report on a number of major issues in explaining, receiving and revising the draft law, Chairman of the National Assembly's Law Committee Hoang Thanh Tung said that, based on the opinions of National Assembly deputies, the draft Law on the Capital (amended) has been received and revised in the direction of only regulating specific and special mechanisms and policies, demonstrating strong decentralization for the Hanoi city government but at the same time also placing higher responsibility on the city government in building, protecting and developing the capital, not re-stipulating the contents and issues that have been stipulated in other laws, especially the laws that have just been passed by the National Assembly such as the Land Law and the Housing Law.
Regarding the model of government organization in Hanoi, Chairman Hoang Thanh Tung said that the urban government model in Hanoi defined in the draft is built on the basis of inheriting the provisions of Resolution No. 97/2019/QH14 dated November 27, 2019 of the National Assembly on piloting the organization of the urban government model in Hanoi; accordingly, there will be no People's Councils (PCs) in wards of districts, towns, and cities in Hanoi.
Regarding the organizational structure of the Hanoi City People's Council, the People's Councils of districts, towns and cities under the city (Articles 9 and 11), based on the Government's proposal and receiving opinions from National Assembly deputies and relevant agencies, the draft law was received and revised in the direction of strengthening the organizational structure for the Hanoi City People's Council, the People's Councils of districts, towns and cities under the city to ensure that the city's authorities at all levels can undertake the increased tasks and powers.
National Assembly deputies attend the meeting on the afternoon of May 28. (Photo: THUY NGUYEN)
Regarding the contents of decentralization for Hanoi city related to the organization and staffing, the draft was accepted and adjusted in the direction of strong decentralization and delegation of power to Hanoi city, helping the city government to be more proactive in organizing the apparatus and staffing to be able to effectively undertake the very special role and task of being the capital of the Socialist Republic of Vietnam.
Accordingly, the Hanoi People's Council is delegated the authority to decide on the establishment, reorganization, and dissolution of specialized agencies and other administrative organizations under the City People's Committee, ensuring the criteria and conditions as prescribed; the City People's Committee is assigned to regulate the adjustment of the structure of civil servants, public employees, and job positions in accordance with the organizational structure, functions, tasks, and powers of agencies, organizations, and units under its management; the City People's Council is assigned to specifically regulate the criteria for the establishment, reorganization, and dissolution of specialized agencies and other administrative organizations under the People's Committees of districts, towns, and cities under the city; in case of establishing additional specialized agencies and other administrative organizations under the People's Committee, it must ensure that the total number of agencies does not exceed 15% (for city level) and 10% (for district level) compared to the quantity framework prescribed by the Government (Clause 4, Article 9).
Allow the Hanoi City People's Council to determine the number of staff based on the list of job positions, population size, current workload, security, political and social safety characteristics in the area and the ability to balance the budget of Hanoi City, ensuring that the ratio between the total number of staff compared to the total population does not exceed the national average ratio to submit to the competent authority for decision.
At the same time, implement a unified cadre and civil servant regime at the commune, district and city levels; cadres, civil servants and public employees working in state agencies, political organizations, the Vietnam Fatherland Front, socio-political organizations and public service units whose regular expenditures are 100% guaranteed by the state budget under the management of Hanoi city are entitled to additional income based on their capacity and work efficiency (Article 9 and Article 35)...
Hanoi's general urban planning is partially adjusted.
Chairman of the National Assembly's Law Committee Hoang Thanh Tung presented a report explaining, accepting and revising the draft Law on the Capital (amended) at the meeting on the afternoon of May 28. (Photo: THUY NGUYEN)
Regarding the construction, development, management and protection of the Capital, the Chairman of the Law Committee stated that, based on the opinions of National Assembly deputies, the draft was accepted and revised in the direction of setting higher requirements and responsibilities for Hanoi city compared to other localities to ensure the implementation of the goals and tasks of construction, development, management and protection of the Capital as defined in Resolution No. 15-NQ/TW, clearly defining specific policies that need to be applied, more clearly regulating the subjects of application, responsibilities, and authorities of agencies and procedures for implementation to both demonstrate strong decentralization to the city government and have a mechanism to organize implementation and control implementation.
In which, Hanoi City People's Committee is allowed to locally adjust the general urban planning, general planning for functional area construction, and specialized planning for technical infrastructure of the city.
Decentralize the authority to the City People's Committee to approve construction projects on river banks and floating banks on dike-covered rivers in the area, ensuring conditions according to the provisions of the law on dikes (Clause 6, Article 18).
Stipulate principles for management and use of underground space in the city, requirements for functional zoning to manage, exploit and use underground space and assign the Government to prescribe the depth limit that land users are allowed to use.
Expand the areas in which the City People's Council is allowed to prescribe higher administrative fines and apply them throughout the city, regardless of inner city or suburbs (Clause 1, Article 33).
Supplementing some authority to the City People's Council and People's Committee in deciding and implementing some solutions on developing culture, sports, tourism, education, training, healthcare, science and technology, innovation, digital transformation, environmental protection, agriculture, rural areas and urban renovation and beautification...
The report also received delegates’ opinions on finance, budget and resource mobilization for the capital’s development. Accordingly, the draft law was received and revised to supplement and clarify some specific contents and measures to attract and mobilize social resources, promote innovation and attract high-quality human resources for the capital’s development.
Specifically, supplement and clarify some policies on mobilizing financial resources and budget for Hanoi city such as being allowed to borrow with a total outstanding loan balance not exceeding 120% of the budget revenue that Hanoi city is entitled to according to decentralization. In case of needing to mobilize loans greater than 120%, the City People's Committee shall report to the Government to submit to the National Assembly for decision; the central budget shall allocate 30% of the increased revenue to reward the city budget; purposefully supplement the entire increased revenue (after deducting the reward) for the city budget on the condition that the central budget does not have a deficit; allow the entire central budget to be retained according to the division ratio of land use fees and land rental fees under the management authority of Hanoi city (Article 34),...
Decentralize the authority to the City People's Council to decide on the regime, standards, and expenditure norms for expenditure tasks using the city budget that are higher than or not yet included in the regulations of the superior state agency (Point e, Clause 1, Article 35).
Clearly define a number of investment incentive policies on tax, exemption and reduction of land rent, customs procedures, human resource development for a number of investment projects and strategic investors in a number of fields (Article 43)...
Regarding regional linkage and development, based on research, absorbing opinions of National Assembly deputies and from the practical implementation of regulations on the development of the Capital region according to the 2012 Capital Law, the draft law was revised in the direction of designing a separate chapter on regional linkage and development, which more clearly demonstrates the role of the capital Hanoi as the center, the driving force for promoting linkage and development, the growth pole of the Capital region, the Red River Delta region, the Northern key economic region, the Northern dynamic region and the whole country (Article 44).
At the same time, identify priority policies for investment in programs and projects for regional linkage and development implemented in Hanoi and other provinces and cities, not limited to the capital region (Clause 1, Article 45).
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