What are the details of the Capital Law 2024 officially passed by the 15th National Assembly at the 7th Session? What are the local authorities of wards in Vietnam under the Capital Law 2024?
What are the details of the Capital Law 2024 officially passed by the 15th National Assembly at the 7th Session?
June 28, 2024, Capital Law 2024 was passed by the 15th National Assembly at its 7th session, which stipulates the position and role of the Capital; policies, responsibilities in building, developing, managing and protecting the Capital.
Capital Law 2024 was passed by the 15th National Assembly at its 7th session, comprising XII chapters with 54 articles. Compared to Capital Law 2012, Capital Law 2024 adds 03 chapters with 27 articles.
Capital Law 2024 clearly states the position and role of the Capital as follows:
- The Capital of the Socialist Republic of Vietnam is Hanoi.
- The Capital is the political-administrative center of the nation, housing the headquarters of Central agencies of the Communist Party, the State and socio-political organizations, diplomatic missions, international organizations; it is a centrally-administered city, a city of special importance, a major center in terms of economy, culture, education, training, science and technology, and international integration of the entire country.
- The headquarters of the Central agencies of the Communist Party, the National Assembly, the President, and the Government of Vietnam are located in Ba Dinh area, Hanoi.
What are the details of the Capital Law 2024 officially passed by the 15th National Assembly at the 7th Session? (Internet image)
What are the local authorities of wards in Vietnam under the Capital Law 2024?
According to Article 8 of Capital Law 2024:
Urban government organization
1. The local government in Hanoi city (hereinafter referred to as the City), district, urban district, district-level town, city within the City, commune, commune-level town is the local government tier comprising the People's Council and the People's Committee.
The organizational structure, tasks, and powers of the People's Council, the People's Committee of the City, district, urban district, district-level town, city within the City, commune, commune-level town shall comply with the provisions of this Law, the Law on the Organization of Local Governments, and other relevant legal provisions.
2. The local authority of a wards within the City is the Ward People's Committee.
The Ward People's Committee is a state administrative body, organized and performing tasks and powers as prescribed by this Law.
Thus, the local authority of a ward within the City is the Ward People's Committee.
The Ward People's Committee has an organizational structure and working policies defined as follows:
- The Ward People's Committee includes the Chairman, Vice Chairman, and other ward officials. Type I and Type II wards have no more than 2 Vice Chairmen of the People's Committee, Type III wards have 1 Vice Chairman of the People's Committee.
The Chairman and Vice Chairman of the Ward People's Committee are officials holding leadership and management positions of the Ward People's Committee;
- The Ward People's Committee works according to the chief's policies, ensuring the principle of democratic centralism.
Therefore, Capital Law 2024 has legalized the content of not organizing the People's Council at the ward level as stipulated in Resolution 97/2019/QH14 of the National Assembly on piloting the model of urban government in Hanoi city.
Specifically, in Article 1 of Resolution 97/2019/QH14 on piloting the model of urban government in Hanoi city as follows:
Pilot the model of urban government in Hanoi city
1. Organize the model of urban government in Hanoi city as follows:
a) The local government in Hanoi city, district, urban district, district-level town, commune, commune-level town is the local government tier comprising the People's Council and the People's Committee;
b) The local authority of a wards of districts, district-level towns within Hanoi city is the Ward People's Committee.
The Ward People's Committee is the state administrative body at the ward, performing duties and powers as prescribed in this Resolution and according to the delegation and authorization of the People's Committee and Chairman of the People's Committee of Hanoi city, the People's Committee, and Chairman of the People's Committee of the district and district-level town.
2. The pilot implementation of the urban government model in Hanoi city from July 1, 2021 until the National Assembly decides to terminate the pilot implementation.
What is the authority of the People's Committee, the Chairman of the Ward People's Committee in Hanoi?
According to Article 13 of Capital Law 2024, the Ward People's Committee has the following tasks and powers:
- Perform the tasks and powers of a budget planning unit under the district-level People's Committee, urban district-level town, city within the City as prescribed by the Law on State Budget.
The Chairman of the Ward People's Committee decides on expenditures from unallocated funds as stipulated in point c, clause 3, Article 11 of Capital Law 2024, and quarterly report to the district-level People's Committee, urban district-level town, city within the City to report to the People's Council at the nearest meeting;
Specifically, the Chairman of the Ward People's Committee decides on expenditures from unallocated funds as prescribed in point c, clause 3, Article 11 of Capital Law 2024 include: Decision, allocation, and adjustment of budget revenue and expenditure estimates; approving budget settlement for district-level, urban district-level town, city within the City, including the budget of subordinate wards as prescribed by the Law on State Budget.
Allocate in the budget expenditure estimates of the Ward People's Committee an unallocated fund from 2% to 4% of the total ward budget to implement expenditure for disaster prevention, disease prevention, incident remediation, disaster response, emergency relief, important national defense and security tasks, and other necessary tasks not yet estimated;
- Propose investment policies for programs and public investment projects using state budget capital to the district-level People's Committee, urban district-level town, city within the City; give opinions on investment policies for projects under the decision-making authority of the competent agency or person as prescribed by the 2019 Law on Public Investment which requires the participation of the commune-level People's Council; organize the implementation of programs and public investment projects according to management decentralization;
- Propose, cooperate with competent agencies in executing defense, security tasks, ensuring social safety and order measures in the locality according to management decentralization; direct the Ward Police to perform the task of protecting security, order, and social safety in the ward area;
- Coordinate with the same tier’s Vietnam Fatherland Front Committee to establish election-organizing bodies and conduct the elections as prescribed by law on the election of National Assembly deputies and People's Council deputies;
- Organize and ensure the enforcement of the Constitution, laws, documents of higher state agencies in the ward; perform other tasks and powers of the People's Committee and Chairman of the Ward People's Committee as prescribed by law;
- Decide on contents that according to the provisions of other legal normative documents are to be decided by the commune-level People's Council or must be submitted to the commune-level People's Council for approval before the Ward People's Committee decides;
Submit to the district-level People's Committee, urban district-level town, city within the City, contents that according to the provisions of other legal normative documents must be approved by the commune-level People's Council before being submitted to higher state agencies for consideration and decision.
Capital Law 2024 takes effect in Vietnam from January 1, 2025.
The following regulations of Capital Law 2024 take effect in Vietnam from July 1, 2025:
- The management and use of underground space as prescribed in Article 19 of Capital Law 2024;
- The establishment of cultural and commercial development areas as prescribed in clause 7 of Article 21 of Capital Law 2024;
- The development of science and technology, innovation, and digital transformation as prescribed in Article 23 of Capital Law 2024;
- Controlled testing as prescribed in Article 25 of Capital Law 2024;
- The implementation of build-transfer contracts as prescribed in Article 40 of Capital Law 2024.
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