Proposal to remove the regulation on the People's Council electing the Chairman of the People's Committee

On the morning of May 14, continuing the 9th session of the 15th National Assembly , the National Assembly discussed in the hall the amendment of the Constitution and the draft Law on Organization of Local Government (amended).

Delegate Nguyen Quang Huan ( Binh Duong delegation) proposed not to stipulate that the People's Council elects the Chairman of the People's Committee.

Expressing his opinion, delegate Nguyen Quang Huan (Binh Duong delegation) said that the draft Law on Organization of Local Government gives more power to localities, but it is also necessary to give more power to the Government and Prime Minister to ensure flexible and unified management of the national administrative system nationwide.

Mr. Huan stated that the draft Law on Organization of Local Government amends the regulation that the People's Council elects the Chairman of the People's Committee upon the recommendation of the Chairman of the People's Council.

The People's Council will also approve the vice chairmen and members of the People's Committee upon the recommendation of the Chairman of the People's Committee. The People's Council will also dismiss the positions elected and approved by the People's Council.

However, the draft law also stipulates that when the Prime Minister decides to remove the Chairman of the People's Council or transfer the Chairman of the People's Committee, there is no need for the People's Council to dismiss him.

"In terms of regulations, the provisions in the draft law are in accordance with the Constitution, but logically they are not correct. The People's Council elects and dismisses the Prime Minister. If the Prime Minister is dismissed or transferred, the People's Council will not dismiss him. If it is done correctly and the People's Council carries out the dismissal, it will be complicated. The Prime Minister must ask for the People's Council's opinion before being transferred or dismissed, which will complicate the administration process," delegate Nguyen Quang Huan analyzed.

From there, Mr. Huan proposed that if the Prime Minister retains the right to mobilize and dismiss the Chairman of the People's Committee, the regulations on the People's Council electing this position should be amended.

"The People's Council does not have to elect the positions of Chairman of the People's Committee anymore but instead introduces them for the Prime Minister to approve. That would be very convenient. The People's Council introduces the position of Chairman, then the Prime Minister approves it," Mr. Huan suggested.

Regarding the positions of vice chairmen and other members of the People's Committee, Mr. Huan suggested that the Chairman of the People's Committee introduce vice chairmen and other members for the People's Council to approve once at the beginning of the term. For subsequent changes or transfers of these positions, the Chairman of the People's Committee only needs to report to the People's Council. According to Mr. Huan, this way of doing things ensures logic and the authority given to the Prime Minister to transfer is very flexible.

The National Assembly discussed amendments to the Constitution and the Law on Organization of Local Government on the morning of May 14.

To implement this proposal, delegate Nguyen Quang Huan said that it is necessary to amend Article 114 of the Constitution to amend the regulation that the People's Council elects positions of the People's Committee at the same level.

"I propose to unify such regulations in the Law on Organization of Local Government, then amend Article 114 of the Constitution, stipulating that the People's Council has the duty to introduce the Chairman of the People's Committee, not to elect him," Mr. Huan added.

The Law on Organization of Local Government stipulates that the People's Council elects the Chairman of the People's Committee upon the recommendation of the Chairman of the People's Council; elects the Vice Chairman of the People's Committee and members of the People's Committee upon the recommendation of the Chairman of the People's Committee. The Chairman of the People's Committee does not necessarily have to be a delegate of the People's Council. The People's Council also has the right to dismiss and remove the positions it elects.

In Article 41 of the draft law, the Prime Minister decides to transfer and dismiss the Chairman and Vice Chairman of the People's Committee at the provincial level when there are violations; the Chairman of the People's Committee at the provincial level decides to transfer the Chairman and Vice Chairman of the People's Committee at the commune level.

According to the draft resolution amending the 2013 Constitution, the transitional provisions also stipulate that when perfecting the organizational apparatus of agencies after implementing the administrative unit arrangement and ending the operation of district-level administrative units in 2025, the election of the positions of chairman, vice chairman of the People's Council, heads of committees of the People's Council, chairman, vice chairman, and member of the People's Committee in the administrative units formed after the arrangement will not be conducted. At the same time, the election of the head and deputy head of the delegation of National Assembly deputies of provinces and centrally run cities formed after the arrangement will not be conducted.

These positions will be appointed by the National Assembly Standing Committee, the Prime Minister, and the Standing Committee of the People's Councils at the provincial and communal levels according to their authority.

According to Le Hiep (TNO)

Source: https://baogialai.com.vn/de-xuat-bo-quy-dinh-hdnd-bau-chu-tich-ubnd-post323069.html