No election of Chairman and Vice Chairman of the province when completing the apparatus
The Draft Resolution has 2 articles. Article 1 includes 8 clauses amending and supplementing a number of provisions of the 2013 Constitution on the Vietnam Fatherland Front and socio- political organizations, administrative units and local government organizations. Article 2 includes 3 clauses regulating the effective date and transitional provisions. This Resolution takes effect from July 1, 2025. From the effective date of the Resolution, district-level administrative units nationwide will cease to operate.
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The National Assembly voted to pass the Resolution of the National Assembly on amending and supplementing a number of articles of the 2013 Constitution. |
The draft stipulates 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, Head of the People's Council Committees, Chairman, Vice Chairman, and member of the People's Committee in the administrative units formed after the arrangement will not be held; the Head and Deputy Head of the National Assembly Delegation of provinces and centrally run cities formed after the arrangement will not be elected.
Instead, based on the announcement of the Party Committee with authority to manage cadres, the Standing Committee of the National Assembly shall appoint the Chairman, Vice Chairman of the People's Council, Heads of the People's Council Committees, Heads and Deputy Heads of the National Assembly Delegations of the provinces and centrally-run cities formed after the reorganization.
The Prime Minister appoints the Chairman and Vice Chairman of the People's Committee of the provinces and centrally run cities formed after the reorganization.
The Standing Committee of the Provincial People's Council shall appoint members of the People's Committee of the province or centrally-run city formed after the rearrangement and appoint the Chairman, Vice Chairman of the People's Council, Heads of the People's Council Committees, Chairman and Vice Chairman of the People's Committee of the commune-level administrative unit formed after the rearrangement.
The Standing Committee of the People's Council at the commune level appoints members of the People's Committee of the commune-level administrative unit formed after the rearrangement.
In special cases, the draft resolution clearly states that it allows the appointment of personnel who are not People's Council delegates to hold leadership positions of People's Councils at the provincial and communal levels formed after the arrangement.
The mechanism for appointing leaders of the People's Committee and People's Council will only apply in 2025.
According to the Committee for Drafting Amendments and Supplements to a Number of Articles of the 2013 Constitution (the Committee for Drafting Amendments to the Constitution), the above-mentioned appointment mechanism is to promptly institutionalize Conclusion No. 150-KL/TW of the Politburo guiding the development of personnel plans for provincial-level Party Committees subject to consolidation and merger and newly established commune-level Party Committees. The draft resolution needs to have a transitional provision regulating the appointment of positions of the People's Council, People's Committee and Head and Deputy Head of the National Assembly Delegation to create a legal basis for the consolidation of the organizational apparatus of agencies in the 2025 provincial and commune-level administrative unit arrangement and the consolidation of the organizational apparatus of the People's Council and People's Committee for the 2021-2026 term when there are no more district-level administrative units.
The Committee for Drafting the Constitutional Amendment believes that, due to the extremely special nature of this administrative unit arrangement, it is necessary to apply the above mechanism. In addition to the very large scale, nationwide nature of the merger of provinces and centrally-run cities, and the arrangement of commune-level administrative units, we also combine the implementation of the Party's major policy of not organizing district-level administrative units, and the agencies under the district-level local government will cease their operations at the same time as the arrangement of provincial and commune-level administrative units.
In the context of such great changes and fluctuations in the organizational structure, the remaining time of the People's Council's term is very short, and People's Council delegates in administrative units formed after the rearrangement are gathered from many previous administrative units, making it difficult to recognize and accurately assess the capacity of the staff after the rearrangement.
Besides, to meet the requirements of arranging and assigning cadres, especially cadres working at the district level to work in new agencies at the provincial and commune levels, and to make the most of existing human resources, it is necessary to apply the appointment mechanism for leaders in People's Committees and People's Councils in the units implementing the arrangement, meeting practical requirements.
Although the form is appointment, the work of selecting and introducing personnel must still be carried out very closely and must be carried out by the Party Committee with authority to manage cadres in accordance with Party regulations.
This mechanism will only be implemented in 2025 to serve the arrangement of administrative units this time in line with the amended and supplemented contents of the Constitution (no district-level administrative units will be organized). After the election of People's Council delegates at all levels for the 2026-2031 term and the following years, the election of personnel will continue to be carried out normally in accordance with current regulations. The People's Council will elect the positions of the People's Council and People's Committee.
Previously, at the First Session of the Constitutional Amendment Drafting Committee, which took place late in the afternoon of May 5, National Assembly Chairman and Chairman of the Constitutional Amendment Drafting Committee Tran Thanh Man said that General Secretary To Lam, at the Third Session of the Central Steering Committee on summarizing the implementation of Resolution No. 18-NQ/TW, emphasized that amending and supplementing the 2013 Constitution and perfecting legal documents to specify and guide the implementation of new provisions of the Constitution is a task that needs to be given top priority, and must be one step ahead to create a legal foundation for the arrangement of the apparatus of the political system.
Starting from May 6, the organization will announce and collect public opinions on the full text of the draft Resolution amending and supplementing a number of articles of the 2013 Constitution and accompanying documents on the Government's electronic information portal, the National Assembly's electronic information portal, press agencies: Vietnam Television (VTV), Voice of Vietnam (VOV), Vietnam News Agency and the electronic information portals of the People's Committees of provinces and centrally run cities.
The Chairman of the Committee for Drafting Amendments to the Constitution requested that the Committee members grasp the ideological situation and public opinion of cadres, party members and people in the process of collecting opinions from the people, sectors and levels on the draft Resolution, promptly orient and strengthen propaganda work to create unity of awareness among cadres, civil servants, public employees and people; monitor and urge ministries, ministerial-level agencies, Government agencies, People's Committees of provinces and centrally run cities to organize the collection of opinions, synthesize opinions from the people, sectors and levels on the draft Resolution amending and supplementing a number of articles of the Constitution. At the same time, organize research, absorb and fully and thoroughly explain the opinions of the people, sectors, levels and National Assembly deputies to complete the draft Resolution.
Source: https://baobacgiang.vn/de-xuat-khong-bau-chu-tich-pho-chu-tich-hdnd-ubnd-khi-kien-toan-bo-may-postid417528.bbg
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