Number of Vice Chairpersons of the People's Committee when separating and merging administrative units of the same level - What are the regulations?
Regulations on the Number of Vice-Chairmen of the People's Committee when Merging or Splitting Administrative Units at the Same Level
According to the provisions of Articles 8 and 9 of Decree 08/2016/ND-CP on the number of Vice-Chairmen of the People's Committee when merging administrative units at the same level as follows:
- Number of Vice-Chairmen of the People's Committee when merging administrative units at the same level
+ When multiple administrative units are merged into a new administrative unit at the same level, the number of Vice-Chairmen of the People's Committee is determined based on the classification of the new administrative unit according to the provisions of Article 7 of Decree 08/2016/ND-CP.
In case the new administrative unit has not been classified, the maximum number of Vice-Chairmen of the People's Committee is determined based on the highest classification type of the administrative units before the merger until the new administrative unit is classified.
- Number of Vice-Chairmen of the People's Committee when splitting an administrative unit into multiple administrative units at the same level
+ When an administrative unit is split into multiple new administrative units at the same level, the number of Vice-Chairmen of the People's Committee is determined based on the classification of the new administrative units according to the provisions of Article 7 of Decree 08/2016/ND-CP.
In case the new administrative units have not been classified, the number of Vice-Chairmen of the People's Committee is determined according to the classification of a level III administrative unit until the new administrative units are classified.
Article 7 Decree 08/2016/ND-CP amended by Clause 2, Article 1 of Decree 69/2020/ND-CP stipulates the maximum number of Vice-Chairmen of the People's Committee in administrative units as follows:
- For rural administrative units:
+ Type I province: no more than 4 Vice-Chairmen of the People's Committee; Type II and Type III provinces: no more than 3 Vice-Chairmen of the People's Committee.
+ Type I district: no more than 3 Vice-Chairmen of the People's Committee; Type II and Type III districts: no more than 2 Vice-Chairmen of the People's Committee.
+ Type I and Type II communes: no more than 2 Vice-Chairmen of the People's Committee; Type III communes: 1 Vice-Chairman of the People's Committee.
- For urban administrative units:
+ Hanoi City and Ho Chi Minh City: no more than 5 Vice-Chairmen of the People's Committee; central city: no more than 4 Vice-Chairmen of the People's Committee.
+ Type I urban-district, district-level town, city under province, city under central city: no more than 3 Vice-Chairmen of the People's Committee; Type II and Type III urban-district, district-level town, city under province, city under central city: no more than 2 Vice-Chairmen of the People's Committee.
+ Type I and Type II wards, commune-level towns: no more than 2 Vice-Chairmen of the People's Committee; Type III wards, commune-level towns: 1 Vice-Chairman of the People's Committee.
Number of Vice-Chairmen of the People's Committee when merging or splitting administrative units at the same level?
Procedures for Electing Members of the People's Committee
Clause 2, Article 11 of Decree 08/2016/ND-CP stipulates the procedures for electing members of the People's Committee as follows:- The Chairman of the People's Council introduces candidates for the People's Council at the same level to elect the Chairman of the People's Committee. The Chairman of the People's Committee elected at the first session of the People's Council must be a member of the People's Council. The Chairman of the People's Committee elected during the term is not necessarily a member of the People's Council.
The Chairman of the People's Committee introduces candidates for the People's Council at the same level to elect the Vice-Chairmen and members of the People's Committee. The Vice-Chairmen and members of the People's Committee are not necessarily members of the People's Council.
- When electing members of the People's Committee at the session of the People's Council, if there are members of the People's Council running for or nominating additional candidates outside the list introduced by the authority referred to in point a of this clause, the Standing Committee of the People's Council shall submit to the People's Council for consideration and decision.
- The ballot-counting committee for electing members of the People's Committee includes a Head, a Secretary, and members. The People's Council elects the ballot-counting committee by secret ballot or public vote as introduced by the Chairman of the People's Council. Members of the People's Council have the right to run for or nominate members for the ballot-counting committee.
- A member of the People's Committee is elected when more than half of the total members of the People's Council vote in favor.
- If the initial election does not receive more than half of the votes in favor, whether to re-elect or not is decided by the People's Council based on the report of the Chairman of the People's Council.
Documents for Approval of Election Results for the Chairman, Vice-Chairmen of the People's Committee
The documents for approval of the election results for the Chairman, Vice-Chairmen of the People's Committee are specified in Clause 2, Article 12 of Decree 08/2016/ND-CP amended by Clause 2, Article 1 of Decree 115/2021/ND-CP as follows:
- The submission by the Standing Committee of the People's Council (attached with the brief resume of the individual proposed for approval).
- The resolution of the People's Council confirming the election results for the Chairman, Vice-Chairmen of the People's Committee (together with the minutes of the vote counting of the election for the Chairman, Vice-Chairmen of the People's Committee).
- A copy of the Decision of the competent authority approving the planning for the title of Chairman, Vice-Chairmen of the People's Committee for the first-time candidates.
- A copy of the Decision or official document providing opinions on personnel introduced for the election by the competent authority according to the cadre management decentralization (attached with the summary results of the vote counting and the minutes of the vote counting in the personnel process).
- A current, standard personal resume form as guided by the Central Organization Commission, self-completed and confirmed, stamped by the managing agency (with a 4x6 color photo taken within the last 6 months).
- A personal property and income declaration form of the individual proposed for approval, according to the current form guided by the Government of Vietnam and the Government Inspectorate of Vietnam.
- A conclusion on political standards as prescribed.
- A copy of the most recent Decision on appointment, transfer, rotation, or discipline of the cadre (if any).
- Assessments and evaluations of the cadre by the Party committee according to cadre management decentralization (within the last 3 years), comments from the Party cell at the place of residence and the Party unit at the workplace (within 6 months).
- Copies of diplomas and certificates required by the standards for the elected title. In case of a diploma awarded by a foreign educational institution, it must be recognized in Vietnam according to regulations.
- A health certificate from an authorized medical facility (within the last 6 months).
LawNet