Proposing new regulations on transfer, dismissal, and delegation of authority to the Chairman of the People's Committee of the province and commune

chủ tịch - Ảnh 1. — Illustration photo - Photo: QUANG DINH

The Ministry of Justice has announced the appraisal dossier of the draft decree regulating the framework of the number of vice chairmen of the People's Committee, the number and structure of members of the People's Committee; the order and procedures for approving the results of the People's Council's election, dismissal, and removal of the Chairman and Vice Chairmen of the People's Committee; the order and procedures for transferring and removing the Chairman and Vice Chairmen of the People's Committee and delegating the authority of the Chairman of the People's Committee at all levels.

The draft was prepared by the Ministry of Home Affairs .

Procedure for approval, dismissal, removal of Chairman and Vice Chairman of People's Committee

Notably, the draft stipulates the process of approving, dismissing and removing the Chairman and Vice Chairman of the People's Committee in the direction of simplifying administrative procedures, clarifying authority, reducing procedures; clarifying the components of the dossier, ensuring consistency between Party regulations and State laws.

Accordingly, after the People's Council elects or decides to dismiss or remove the Chairman or Vice Chairman of the People's Committee, the Standing Committee of the People's Council is responsible for completing the dossier and sending it to the competent authority for approval.

The Ministry of Home Affairs reviews the records of provincial-level personnel, and the Department of Home Affairs reviews the records of commune-level personnel.

The Prime Minister approves the results of election, dismissal and removal of the Chairman and Vice Chairman of the Provincial People's Committee; the Chairman of the Provincial People's Committee approves the results of commune-level.

At the same time, to enhance the application of information technology in processing records and simplify administrative procedures, the draft supplements regulations on using existing record components on the national database of cadres and civil servants to replace paper records.

Another content, the draft decree stipulates the cases of transferring and removing the chairman and vice chairman of the People's Committee and supplements regulations on the process and documents for transferring the authority of the chairman and vice chairman of the People's Committee to suit the practical situation of the locality.

At the same time, ensure proactiveness, timeliness and continuity in local government operations.

Regarding transfers , the draft stipulates that due to task requirements and based on the opinions of competent authorities according to the decentralization of cadre management, the Prime Minister decides to transfer the chairman and vice chairman of the provincial People's Committee at the request of the Minister of Home Affairs.

The Chairman of the Provincial People's Committee decides to transfer the Chairman and Vice Chairman of the Commune People's Committee at the request of the Director of the Department of Home Affairs.

When are the Chairman and Vice Chairman of the People's Committee removed from office?

Regarding the content of dismissal, the draft states that when the chairman and vice chairman of the People's Committee violate the law or do not properly perform their assigned duties and tasks, based on the opinions of competent authorities according to the decentralization of cadre management, the Prime Minister decides to dismiss the chairman and vice chairman of the provincial People's Committee at the proposal of the Minister of Home Affairs.

The Chairman of the Provincial People's Committee decides to remove the Chairman and Vice Chairman of the Commune People's Committee at the proposal of the Director of the Department of Home Affairs.

Compared with current regulations, the new regulations have omitted content related to district level.

Regarding delegation of authority, the draft stipulates that in case of vacancy of the Chairman of the People's Committee, the Standing Committee of the Provincial People's Council shall report to the Ministry of Home Affairs to submit to the Prime Minister for decision on delegation of authority to the Chairman of the Provincial People's Committee.

The Standing Committee of the People's Council at the commune level reports to the Department of Home Affairs to submit to the Chairman of the Provincial People's Committee to decide on assigning the authority of the Chairman of the People's Committee at the commune level.

The Chairman and Vice Chairman of the People's Committee who are transferred or removed from office shall cease to perform the duties of Chairman and Vice Chairman of the People's Committee from the date the decision on transfer or removal from office takes effect.

The Chairman of the People's Committee shall cease to perform his duties from the date the People's Council elects the Chairman of the People's Committee.

Compared with current regulations, the draft has added specific content on the order and procedures for assigning the authority of the People's Committee Chairman.

Accordingly, within 3 working days from the date of receiving the two complete sets of documents as prescribed, the Ministry of Home Affairs must review and appraise the application for assignment of the authority of the provincial People's Committee chairman; the Department of Home Affairs must review and appraise the application for assignment of the authority of the commune-level People's Committee chairman.

In case the dossier is missing or not in accordance with regulations, within 2 working days from the date of receiving the dossier, the appraisal agency shall send a written request to the Standing Committee of the People's Council to supplement and complete the dossier within no more than 3 working days.

Within 3 working days from the date of receipt of the document of the appraisal agency (attached with the proposal dossier of the Standing Committee of the People's Council), the Prime Minister shall consider and decide to assign the authority of the Chairman of the Provincial People's Committee.

The Chairman of the Provincial People's Committee considers and decides to assign the authority of the Chairman of the Commune People's Committee.

In case the Prime Minister does not decide to assign the authority of the Chairman of the Provincial People's Committee; the Chairman of the Provincial People's Committee does not decide to assign the authority of the Chairman of the Commune People's Committee, he/she must respond in writing, stating clearly the reasons.

The draft also clearly states the contents related to the dossier of assigning the authority of the People's Committee Chairman.

THANH CHUNG

Source: https://tuoitre.vn/de-xuat-quy-dinh-moi-ve-dieu-dong-cach-chuc-giao-quyen-chu-tich-ubnd-tinh-xa-20251011085512222.htm