Regarding this matter, LawNet would like to answer as follows:
According to the provisions of Clause 1, Article 7 of Decree 33/2023/ND-CP on general standards of commune-level officials in Vietnam as follows:
General standards of commune-level officials shall be applied according to applicable regulations of law on officials, organizational charters and regulations of the CPV and of socio-political organizations at the central level.
At the same time, according to the provisions of Clause 3, Article 8 of Decree 33/2023/ND-CP, the standards for the positions of Chairperson and Vice Chairpersons of the People’s Committee in Vietnam;
- Age: when officials participate in holding these positions for the first time, they must have served at least 01 term of office (60 months); For particular cases, they shall abide by decisions of authorities competent to manage officials;
- Education level: officials must have graduated from high schools;
- Professional level: officials must have tertiary education degrees. If otherwise prescribed by laws, regulations of such laws shall be applied;
- Political theory level: officials must have graduated from intermediate schools or equivalent or higher;
- For other standards, regulations of the Law on Organization of the Local Government 2015, relevant laws, regulations of the CPV and authorities competent to manage officials shall be applied.
In addition, on the basis of the standards of each position of commune-level officials prescribed in Article 7 of Decree 33/2023/ND-CP, the provincial People’s Committees shall provide specific standards of each title of commune-level officials in a manner that is satisfactory to characteristics and requirements for task performance of each commune level and is not lower than the standards prescribed in Decree 33/2023/ND-CP.
Thus, the standards of the Chairman of the commune-level People's Committee in 2024 are as follows:
Must meet general standards of commune-level officials according to current regulations, organizational charters and regulations of the CPV and of socio-political organizations. In addition to meeting general standards, the Chairperson of the People’s Committee needs to meet specific standards for positions such as:
- Age: when officials participate in holding these positions for the first time, they must have served at least 01 term of office (60 months)
- Education level: officials must have graduated from high schools;
- Professional level: officials must have tertiary education degrees.
- Political theory level: officials must have graduated from intermediate schools or equivalent or higher;
- Meet other standards according to the Law on Organization of the Local Government 2015, related laws and regulations of the CPV and authorities competent to manage officials.
The Chairperson of the Commune-level People's Committee in Vietnam must perform the tasks prescribed in Clause 5, Article 9 of Decree 33/2023/ND-CP including:
(1) Manage operations of the People’s Committee, members of the People’s Committee of the commune
(2) Direct the performance of tasks in terms of organization and assurance of the implementation of the Constitution, law and documents of superior regulatory agencies, the People's Council and People’s Committee of the commune; perform tasks in terms of national defense, security and assurance of social order and safety, combat, prevention and control of crimes and other violations against law; prevent and control bureaucracy and corruption; organize implementation of measures to protect property of agencies, organizations and protect the life, freedom, honor, dignity, property, other lawful rights and interests of citizens; implement measures to manage population in the commune according to regulations of law;
(3) Manage and organize the effective use of Government offices, property, working facilities and allocated state budget as prescribed by law;
(4) Handle complaints and denunciations, handle violations against law, receive citizens according to regulations of law;
(5) Authorize Vice Chairpersons of the communal People’s Committee to perform tasks and entitlements within the competence of the Chairperson of the communal People’s Committee;
(6) Direct implementation of measures to protect environment, prevent and control fire and explosion; apply measures to solve unexpected and urgent tasks in prevention and control of natural disasters, epidemics, security, social order and safety in the commune according to regulations of law;
(7) Perform tasks and entitlements according to the authorization of superior regulatory agencies;
(8) Perform other tasks according to regulations of the CPV, the Law on Organization of the Local Government 2015, relevant laws and authorities competent to manage officials.
Best regards!
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