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REGULATION

ORGANIZATION AND OPERATION OF URBAN ORDER MANAGEMENT TEAM OF DISTRICT 8

(Issued together with the Decision No. 01/2014/QD-UBND on December 01, 2014 of the People's Committee of District 8)

CHAPTER I

LOCATION AND FUNCTION

Article 1. Location and function

1.             The Urban Order Management Team of District 8 is established by People’s Committee of District 8 in order to help People’s Committee of District in the implementation of State management on urban order, environment hygiene, organize to implement administrative decisions and implement other duties asigned by Chairman of People’s Committee of District 8.

2.             The Urban Order Management Team of District 8 is under the Division of Urban Management of District 8; under the direction and management of the organization, staff and work of the Chief of the Division of Urban Management of District 8; at the same time subject to the professional guidance and inspection of the related departments – branchs.

3.             The Urban Order Management Team of District 8 uses the seal and account of the Division of Urban Management of District 8 to operate, has headquarter, be equiped neccessary working equipments under the law.

CHAPTER II

DUTIES AND POWERS

Article 2. Duties and powers

The Urban Order Management Team of District 8 has these following duties and powers:

1.             To develop programs and plans on propagating, disseminating and educating the law in the field of urban order management and inspecting the observance of the law in the fields of urban order management and environmental sanitation in the locality, advise the Chief of the District Urban Management Division to submit to the Chairman (or Vice Chairman) of the District 8 People's Committee for approval and organize the implementation.

2.             To advise and submit to the Chairman (or Vice Chairman) of the People's Committee of District 8 a plan to inspect, promptly detect and make minutes of administrative violations and request organizations and individuals to immediately suspend violations in the law in these following aspects:

a. About the order of the roadside, public places in the district

b. About environmental sanitation in the district

3.             To advise and propose forms of handling administrative violations in the locality under their charge according to the provisions of law and this Regulation, and submit them to the Chairman of the District People's Committee for consideration and decision; monitor the implementation of issued administrative decisions; propose coercive measures and organize the implementation of coercive decisions for organizations and individuals that do not voluntarily comply with decisions on penalizing of administrative violations.

4.             Administrative decisions include: Administrative decisions with contents on settlement of issues related to houses and land of competent state administrative agencies have taken legal effect; the decision on land recovery of the People's Committee of the city and the People's Committee of District 8, the decision on penalizing of administrative violations in case the statute of limitations for penalizing administrative violations expires, the decision on application of remedial measures; decisions on settlement of complaints and denunciations of the People's Committees of districts or cities have taken legal effect or decisions on settlement of complaints of central administrative agencies that are effective in the district; other administrative decisions as prescribed by law.

5.             To patrol, detect and promptly notify the District 8 Inspectorate under the Department of Construction, the Chairman of the Ward People's Committee about the construction situation in the area of ​​16 wards, District 8

6.             To advise and recommend the Chairman of the District People's Committee to settle complaints and denunciations in the areas within the functions and duties of the Team.

7.             To advise the Chief of the District 8 Urban Management Division  to issue a decision to suspend construction for construction works that violate the urban construction order but the ward People's Committee does not promptly handle.

8.             To perform other duties specified in writing by the Chairman of the District People's Committee.

CHAPTER III

ORGANIZATION OF APPARATUS AND STAFF

Article  3. Organization of apparatus

1.             The Urban Order Managment Team of District 8 has a Team Leader and no more than 03 Deputy Team Leaders and members.

2.             The appointment, dismissal, transfer, rotation, commendation, discipline, resignation, retirement and implementation of other regimes and policies for Team Leader and Deputy Team Leaders shall be decided by the Chairman of the People's Committee of District 8 according to the provisions of law.

3.             Team Leader of the Urban Order Managment Team of District 8  is responsible to the Chairman of the People's Committee of District 8, Chief of Division of Urban Management of District 8 and before the law for all activities of The Urban Order Managment Team of District 8.

4.             The Deputy Team Leaders of the Urban Order Managment Team of District 8 implement duties assigned by the Team Leader, take responsibility before the Team Leader and before the law for the tasks assigned.

5.             Duties and powers of the Team Leader:

a. To advise the Chief of the Urban Management Department of District 8, the Chairman of the District 8 People's Committee (or the Vice Chairman assigned to be in charge) to issue and organize the implementation of administrative sanctioning decisions in the assigned field;

b. To coordinate with agencies and departments of the district, the People's Committee of 16 wards of District 8 to organize the implementation and enforcement of administrative decisions that have taken effect;

c. To direct and manage the activities of the Team to ensure the completion of assigned tasks in accordance with the provisions of law and the Regulation on organization and operation of the Team; promptly coordinate with the District 8 Inspectorate under the Department of Construction, the Chairman of the People's Committee of 16 wards of District 8 in performing their duties; advise and report to the Chairman of the District People's Committee on complicated issues arising when implementing the decision;

d. To advise (or sign) documents related to the Team's functions, duties and powers as prescribed;

đ. To depend on the size of the operation, the nature of the work and the specific personnel of the Team, the Team Leader assigns civil servants and collaborators to be in charge of each field separately or concurrently in the fields on a lean and efficient and economical basis;

e. To advise and recommend the Chairman of the People's Committee of District 8 to handle cadres, civil servants and collaborators under their management who have committed violations of the law, lack of sense of responsibility in the performance of duties and public duties.

6.             Duties and powers of the Deputy Team Leaders:

The Deputy Team Leaders is in charge to help the Team Leader in  implement duties and powers as regulated in this Regulation and imlement the duties as assigned by the Team Leader.

7.             Duties of members:

a. To comply with the Regulations on organization and operation of the Team, as assigned by the Team Leader and Deputy Team Leader in charge;

b. To inspect, promptly detect, make records of administrative violations as prescribed in the field in charge (civil servants on official duty) transfer to Team Leaders for handling according to regulations and participate in organizing the implementation of decisions of penalizing administrative violations.

8.             Specialized, professional groups implement these following duties:

a.             Group of Administrative – General:

-                      To advise leaders to perform the following duties: draft and issue decisions on penalizing administrative violations under the authority of the District People's Committee in the fields of roadside order, environmental sanitation, enforcement decisions decide on penalizing of administrative violations and other fields as assigned;

-                      To build a plan for enforcement of land acquisition for projects in the district

-                      To summarize and report weekly, monthly, quarterly and yearly activities of the Team to the Urban Management Division and District 8 People's Committee according to regulations.

-                      To receive incoming and outgoing correspondence.

b.             Decision Execution Group:

-                      To serve the legally effective decisions and urge the implementation of administrative violation decisions assigned by the District People's Committee and the city People's Committee's decisions;

-                      To handle and coordinate with departments and ward People's Committees to settle reflect application, complaints and denunciations assigned by the District People's Committee;

-                      To advise the Team Leader of the District 8 Urban Order Management Team to submit to the District People's Committee decisions on enforcement of the decision on penalizing administrative violations for the administrative penalizing decisions that organizations or individuals commit administrative violations have not yet complied;

-                      To advise the Team Leader of the District 8 Urban Order Management Team to submit to the District People's Committee to report the situation of implementing decisions of district and city.

c.             Maneuver Group:

-                      To coordinate with the People's Committee of the ward in performing the duties of urban order (sideways), environmental sanitation;

-                      To coordinate with relevant agencies and units in implementing and inspecting inland waterway traffic safety; price management; livestock and poultry epidemic prevention;

-                      To patrol, detect and promptly notify the Local Inspectorate under the City Department of Construction, the Chairman of the Ward People's Committee about the construction situation in the ward and assist in the enforcement of the implementing decision of penalizing administrative violations upon request;

-                      To perform other duties assigned by leaders of District 8 Urban Order Management Team

d.             Urban Order Management Group of 16 wards

The Urban Order Management Group of 16 wards is subject to the direction and management of organization and work, professional guidance and inspection of the district Urban Order Management Team, and at the same time under the assignment, supervision of the Ward People's Committee during the performance of duties.

-                      To coordinate with organizations in the political system in the ward in propagating and mobilizing organizations and individuals to observe the provisions of the law on urban order and environmental sanitation in the ward;

-                      To be responsible for inspecting and promptly detecting, making records, requesting organizations and individuals to immediately stop violations in the fields related to urban order and environmental sanitation in public places on the locality. Propose the Chairman of the ward People's Committee to issue a decision on penalizing of administrative violations according to his/her competence; monitor the implementation of penalizing decisions. In case organizations and individuals fail to voluntarily comply, the Team Leader must propose the organization to coerce the implementation of decisions on penalizing administrative violations in accordance with law;

-                      To coordinate with relevant agencies and organizations to deal with vagrants begging and living in public places in the ward according to regulations of the City People's Committee;

-                      To advise and propose the Ward People's Committee to make an initial dossier on administrative violations in the field of urban order and environmental sanitation and transfer the file to the District Urban Order Management Team for the violations of offense beyond the penalizing competence of the ward People's Committee Chairman;

-                      To monitor the implementation of decisions on penalizing administrative violations of People's Committees at all levels; coordinate in organizing the enforcement of decisions on penalizing of administrative violations in related fields according to regulations; coordinate in taking measures to apply additional penalizing forms and take remedial measures of decisions on penallizing administrative violations; temporarily keep the means, tools and supplies used to commit administrative violations by organizations or individuals in accordance with regulations;

-                      To summarize the situation of urban order and environmental sanitation periodically or irregularly, and report it to the Ward People's Committee and the District 8 Urban Order Management Team;

-                      To take responsibility before the Chairman of the Ward People's Committee, the Team Leader of the District Urban Order Management Team and the law for the failure to detect and promptly handle violations of the law on urban order and environmental sanitation in the locality of ward and other assigned duties;

-                      To take responsibility before the Team Leader of the Urban Order Management Team and the Chairman of the Ward People's Committee for the supervision of the construction field in the ward; and at the same time report to the Ward People's Committee on construction cases for timely handling.

Article  4. Staff

1.             The staff of the District Urban Order Management Team belongs to the administrative staffing quota of the district and is arranged according to the decision of the City People's Committee to be assigned annually.

2.             The People's Committee of District 8 decides the number of collaborators suitable to the specific conditions of the district and implements a contract of employment on the basis of the funding source specified in Article 8 of this Regulation.

CHAPTER IV

MODE OF POLICY, SALARY, FINANCIAL MECHANISM

Article 5. Mode of policy, salary

1.             For civil servants, temporary recruitment contracts currently are enjoying salary ranks, administrative civil servants continue to enjoy according to regulations.

2.             For collaborators: perform a contract of employment in accordance with the provisions of the Labor Code, the wage rate according to the regulations of the City People's Committee

Article 6. Leadership position allowance

The level of position allowance is calculated as follows:

-                      The Team Leader gets the coefficient: 0.25

-                      The Deputy Team Leader gets the coefficient: 0.20

Article 7. Uniforms

1.             Costume allowance: 02 sets per year

2.             Uniforms:

-                      Light blue shirt, with shoulder straps, two flap pockets and buttons;

-                      Dark blue pants and hat;

-                      Wearing card with photo (similar to cadre and civil servant cards).

Article 8. Funding Sources

1.             The Urban Order Management Team in District 8 implements the financial mechanism in accordance with Decree No. 130/2005/ND – CP on October 17, 2005 of the Government providing for the autonomy and self-responsibility regime about use of payroll and funds for administrative management of state agencies and current guiding documents.

2.             Fines collected from the source of penalizing administrative violations, advised by the District Urban Order Management Team, must be fully remitted into the State budget.

On the basis of the collected amount, the beneficiary unit shall make an estimate on the procurement of equipment for the operation, expenses for collaborators and other duties that have not been guaranteed by the State budget, so that the Finance – Planning Division of District 8 for appraisal and submission to the District People's Committee for approval. On that basis, the District People's Committee, based on the regulations and guidance of the City's Department of Finance in each specific field, re-grants the fine collection to the unit according to the estimate with a maximum rate of 100% of the revenue from penalizing administrative violations is paid into the State budget.

3.             The revenue is extracted from the source of penalizing administrative violations in the field of construction of the District 8 Inspectorate, coordinated by the District 8 Urban Order Management Team to perform related duties under the guidance of the Department of Finance ò City.

CHAPTER V

WORKING MODE AND WORKING RELATIONSHIP

Article 9. Working mode, meeting, report

1.             Meeting mode:

a.             The Urban Order Management Team of District 8 implements the working time in accordance with the law and the regulations of the District People's Committee; develop working regulations of the Urban Order Management Team according to regulations

b.             The Team Leader is in charge of general management of the Team's activities and takes responsibility before the Chief of Division of Urban Management of District and Chairman of People’s Committee of District in working effect of Team. The Team Leader assigns works for the Deputy Team Leader and members;

c.             Members of the Urban Order Management Team are assigned specific duties; wear the prescribed uniform, have a name tag placed at the desk; at the same time, you must wear your Team member card when on duty;

d.             Members of the Urban Order Management Team are responsible for implementing the provisions of the law, the regulations of the District People's Committee, the working regulations of the Team, having a dedicated working style, a polite, humble and respectful attitude, respect and listen to the opinions of the Team Leaders, colleagues, organizations and individuals in working relationships.

2.             Meeting mode, report:

a.             The Team Leader of the District Urban Order Management Team holds weekly briefings with members working in the Team and the Group Leader of the 16 Ward Urban Order Management Group  to check, evaluate and comment on weekly work performance  and carry out the next week's duties. Monthly briefings are held for the entire force of the Urban Order Management Team in District 8 to exchange views on duties performance, work experience, and disseminate guidelines, policies and laws of the State and other plans and directives of the People's Committee of District 8 to improve the results and efficiency of duties performance;

b.             The Team Leader has the right to organize an unscheduled Team meeting to carry out the work as required by the direction of the District People's Committee

c.             Weekly, monthly, quarterly, 6 months, 9 months and at the end of the year, the Urban Order Management Team makes statistics on the implementation of administrative decisions and reports on the preliminary and final results of the work for the District People's Committee and the District Division of Urban Management.

Article 10. Working relationship

The Urban Order Management Team of District 8 has these following working relationships:

1.             For People’s Committee of District 8:

The Team is under the direct and comprehensive leadership and direction of the People's Committee of District 8. The Team Leader directly receives instructions and must regularly report to the Chairman (Vice Chairman) of the District  People's Committee on the results of assigned tasks;

2.             For the Division of Urban Management of District 8:

The Team Leader takes responsibility before the Chief of Division of Urban Management and before the law about all activities of the Urban Order Management Team of District 8.

3.             For the Inspectorate of District 8

a.             The Team patrols, detects and promptly reports in writing the construction situation in the area to the District 8 Inspectorate and receives written feedback from the District 8 Inspectorate;

b.             The District 8 Inspectorate is responsible for appointing officers to directly receive the information (with complete notebooks) transferred by the District 8 Urban Order Management Team and report it to the Leader of Inspectorate for handling. according to regulations;

c.             To coordinate with related units to monitor and implement the decisions on penalties for administrative violations in the field of construction and urban order of the People's Committee of District 8

4.             For the Division of Natural Resources and Environment of District 8:

The Team is responsible for coordinating in detecting and promptly notifying in writing with the Department of Natural Resources and Environment, who is competent to handle administrative violations of violations for handling in the field of natural resources and environment in accordance with the law.

5.             For the Division of Finance and Planning of District 8:

Division of Finance – Planning has duty to guild in funding and related modes (social insurance, health insurance, rewards…) to ensure for the Team operate effectively.

6.             For the Division of Labor - Invalids and Social Affairs of District 8:

The District 8 Urban Order Management Team has duty to coordinate with the Division of Labor - Invalids and Social Affairs to implement the management program to vagrants begging and living in public places in the district when required.

7.             For the Police of District 8:

a.             The Urban Order Management Team coordinates with the district Police to implement programs and work plans related to urban order, traffic order and safety as assigned by the District People's Committee.

b.             To be supported by the district Police, ensure security and order when implementing decisions on enforcement of administrative decisions of competent agencies.

8.             For the Vietnam Fatherland Front Committee of District 8, socio-political organizations of District 8:

a.             The Urban Order Management Team regularly coordinates with the Standing Board of the Fatherland Front Committee and the district socio-political organizations in propagating and mobilizing organizations and individuals to implement the policies, strategies of the Party, laws of the State in the fields related to the functions and dutiesof the Team;

b.             When the above organizations have requests and recommendations on issues within the functions of the Team, the Team Leader is responsible for presenting, solving or advising the Chief of the Urban Management Division to submit to the District People's Committee to resolve such requests in accordance with regulations.

c.             The District Urban Order Management Team has a cooperative and supportive relationship on the basis of the functions and duties prescribed. In coordinating to solve work, if there are different opinions but after discussing important issues are not agreed, the Team Leader of the district Urban Order Management Team must promptly report it to the Chairman (Vice Chairman) District People's Committee to review and resolve.

9.             For the People’s Committee of 16 wards of District 8

The District Urban Order Management Team organizes to inspect the situation of urban order, environmental sanitation and asks the Chairman of People’s Committee of ward to solve administrative violations act as competence in the locality; implement the patrolling, detecting and promptly notifying the Chairman (Vice Chairman) People's Committee of ward about the construction situation in the locality to inspect, solve.

10.          For the Vietnam Fatherland Front Committee of District 8, socio-political organizations of Wards:

The Urban Order Management Team of district  coordinates in propagating and mobilizing organizations and individuals to implement the policies, strategies of the Party, laws of the State in the fields related to the functions and dutiesof the Team; timely solve information relating to functions, duties of the Team that are detected, reflected by the Vietnam Fatherland Front Committee of District 8, socio-political organizations of Wards.

CHAPTER VI

REWARDS, DISCIPLINE

Article 11. Rewards

Urban Order Management Team, members of the Team have achievements in work, they are proposed by the Team Leader to the Chief of the District Urban Management Division reports and proposes the District People's Committee to reward according to regulations.

Article 12. Discipline

Urban Order Management Team, members of the Team that violate the law, violate working regulations or fail to complete their assigned duties, depending on the nature and severity of the violation, they will be disciplined in accordance with the Law on Cadres and Public Employees, the Labor Code and other relevant laws or prosecuted for penal liability in accordance with the law.

CHAPTER VII

ENFORCEMENT PROVISIONS

Article 13. Pursuant to this Regulation, the Team Leader of Urban Order Management Team of District 8 is responsible for specifying the functions and duties of the team, powers, responsibilities, titles and civil servants, collaborators  standards of the team in accordance with the characteristics of the locality, but not contrary to the content of this Regulation, Urban Order Management Team of District 8, Chief of the District Urban Management Division of District 8, Head of relevant agencies and units and Chairman of People’s Committee of 16 wards of District 8 are responsible for implementing this Regulation.

In the course of implementation, if problems arise beyond its competence or new regulations of city, the team researchs to propose their request to the Chairman of the People's Committee of District 8 to consider, resolve or supply and amend the Regulation accordingly with legal regulations and the reality of the locality. Signed