Circular No. 01/2009/TT-BNV guiding the procedures and formalities for appointing, dismissing, and removing the Chairman, Vice Chairmen, and Members of the People's Committee at districts, towns, and wards where there is no People's Council.

CIRCULAR

Guidelines on the procedures and formalities for appointing, dismissing, and removing the Chairman, Vice Chairmen, and Members of the People's Committee at the district, town, and ward levels where the People's Council is not organized.

______________________________

Based on Resolution No. 26/2008/QH12 dated November 15, 2008, of the XIIth National Assembly on piloting the non-establishment of People's Councils at the district, town, and ward levels.

Based on Resolution No. 724/2009/UBTVQH12 dated January 16, 2009, of the Standing Committee of the National Assembly on the list of districts, towns, and wards of central cities implementing the pilot of non-establishment of People's Councils at the district, town, and ward levels.

Based on Resolution No. 725/2009/UBTVQH12 dated January 16, 2009, of the Standing Committee of the National Assembly on adjusting the tasks and powers of the People's Councils and People's Committees at the provincial and municipal levels under direct central governance and defining the tasks, powers, and organizational structure of the People's Committees at the district, town, and ward levels where the People's Councils are not established.

Based on Decree No. 107/2004/NĐ-CP dated April 1, 2004, of the Government on the number of Vice Chairmen and the composition of members of People's Committees at all levels; Decree No. 27/2009/NĐ-CP dated March 19, 2009, of the Government amending and supplementing Decree No. 107/2004/NĐ-CP dated April 1, 2004, of the Government on the number of Vice Chairmen and the composition of members of People's Committees at all levels.

Based on Decree No. 48/2008/NĐ-CP dated April 17, 2008, of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs.

Based on Decision No. 241/QĐ-TTg dated February 23, 2009, of the Prime Minister approving the Plan to implement Resolution No. 26/2008/QH12 dated November 15, 2008, of the XIIth National Assembly on piloting the non-establishment of People's Councils at the district, town, and ward levels.

After reaching consensus with the Central Organization Department of the Party, the Ministry of Home Affairs provides guidelines on the procedures and formalities for appointing, dismissing, and removing the Chairman, Vice Chairmen, and Members of the People's Committee at the district, town, and ward levels where the pilot of non-establishment of People's Councils is implemented (hereinafter referred to collectively as the pilot implementation areas) as follows:

Article 1. General Provisions

1. Ensuring the principle that the Party uniformly leads the work of appointing, dismissing, and removing the Chairman, Vice Chairmen, and Members of the People's Committee at the district, town, and ward levels where the pilot is implemented.

2. The person appointed must meet the general standards for cadres and civil servants and the specific standards for each appointed position as stipulated by the Party and the State.

3. The Chairman of the People's Committee of provinces and centrally governed cities appoints, dismisses, and removes the Chairman, Vice Chairmen, and Members of the People's Committee at the district and town levels; the Chairman of the People's Committee of towns and cities under provinces appoints, dismisses, and removes the Chairman, Vice Chairmen, and Members of the People's Committee at the ward level.

4. The appointment of the Chairman, Vice Chairmen, and Members of the People's Committee at the district, town, and ward levels where the pilot is implemented shall be subject to the current regulations regarding the term of appointment.

In the event that the National Assembly decides to terminate the pilot implementation, the decision on the appointment of the Chairman, Vice Chairmen, and Members of the People's Committee at the district, town, and ward levels where the pilot is implemented will also cease to be effective.

5. In cases where the Secretary of the Party Committee at the pilot location is concurrently serving as the Chairman of the People's Committee at the district, town, or ward level, the procedures and formalities for appointing the Chairman of the People's Committee shall be carried out according to the guidelines set forth in this Circular.

Article 2. Appointment Procedures

1. Appointment of Chairman of People's Committee at district, town, ward level

a) On the basis of a written notification from the competent authority managing cadres, the incumbent People's Committee at district, town, ward level introduces candidates for the position of Chairman of the People's Committee at the same level;

b) Functional agencies responsible for cadre management provide advisory support to the competent authority managing cadres to carry out the personnel process according to current regulations;

c) The competent authority managing cadres examines, concludes and issues a written approval;

d) Based on a written notification from the competent authority managing cadres, the Department of Home Affairs completes the dossier to submit to the Chairman of the People's Committee of the province or centrally governed city for the appointment of the Chairman of the People's Committee at district, town level; the Home Affairs Office completes the dossier to submit to the Chairman of the People's Committee at town, district, or city under province for the appointment of the Chairman of the People's Committee at ward level.

2. Appointment of Deputy Chairmen of People's Committee at district, town, ward level

a) Based on Decree No. 107/2004/ND-CP dated April 1, 2004 of the Government stipulating the number of Deputy Chairmen and the structure of members of People's Committees at all levels; Decree No. 27/2009/ND-CP dated March 19, 2009 of the Government amending and supplementing Decree No. 107/2004/ND-CP dated April 1, 2004 of the Government stipulating the number of Deputy Chairmen and the structure of members of People's Committees at all levels, and a written notification from the competent authority managing cadres, the Chairman of the People's Committee at district, town, ward level considers and introduces candidates for the position of Deputy Chairman of the People's Committee at the same level;

b) Functional agencies responsible for cadre management provide advisory support to the competent authority managing cadres to carry out the personnel process according to current regulations;

c) The competent authority managing cadres examines, concludes and issues a written approval;

d) Based on a written notification from the competent authority managing cadres, the Department of Home Affairs completes the dossier to submit to the Chairman of the People's Committee of the province or centrally governed city for the appointment of Deputy Chairmen of the People's Committee at district, town level; the Home Affairs Office completes the dossier to submit to the Chairman of the People's Committee at town, district, or city under province for the appointment of Deputy Chairmen of the People's Committee at ward level.

3. Appointment of Members of People's Committee at district, town, ward level.

a) Based on Decree No. 107/2004/ND-CP dated April 1, 2004 of the Government stipulating the number of Deputy Chairmen and the structure of members of People's Committees at all levels; Decree No. 27/2009/ND-CP dated March 19, 2009 of the Government amending and supplementing Decree No. 107/2004/ND-CP dated April 1, 2004 of the Government stipulating the number of Deputy Chairmen and the structure of members of People's Committees at all levels, the Chairman of the People's Committee at district, town, ward level introduces candidates for the position of Member of the People's Committee at district, town, ward level;

b) The competent authority managing cadres examines, concludes and issues a written approval;

c) Based on a written notification from the competent authority managing cadres, the Department of Home Affairs completes the dossier to submit to the Chairman of the People's Committee of the province or centrally governed city for the appointment of Members of the People's Committee at district, town level; the Home Affairs Office completes the dossier to submit to the Chairman of the People's Committee at town, district, or city under province for the appointment of Members of the People's Committee at ward level.

4. Dossier for Appointment Proposal

The dossier for the proposal to appoint Chairmen, Deputy Chairmen, and Members of People's Committees at district, town, ward level is submitted to the Chairman of the People's Committee at the immediately higher level, simultaneously sent to the Department of Home Affairs (for districts, towns), and the Home Affairs Office (for wards). The dossier includes:

a) A report from the People's Committee at the level where the candidate is appointed;

b) A written notification of the approval opinion of the competent authority managing cadres;

c) Cadre resume (Model 2C - Central Party Organization);

d) Declaration of assets as prescribed by the Government.

Article 3. Procedure for Removal

1. Cases for Removal

Removal of the Chairman, Vice-Chairman, and Member of the People's Committee at the district, town, and ward levels where pilot projects are implemented shall be carried out in the following cases:

a) Inability to perform due to poor health;

b) Lack of capacity and credibility to fulfill assigned tasks;

c) At the request of the competent authority managing cadres;

d) For other personal reasons.

2. Procedure for Removal

a) Based on a written notification regarding the policy of the competent authority managing cadres, the People's Committee at the district, town, and ward levels shall propose the removal of the Chairman of the same-level People's Committee; the Chairman of the People's Committee at the district and town levels shall propose the removal of the Vice-Chairman and Member of the same-level People's Committee.

b) The Department of Home Affairs (for removal of the Chairman, Vice-Chairman, and Member of the People's Committee at the district and town levels), the Home Affairs Office (for removal of the Chairman, Vice-Chairman, and Member of the People's Committee at the ward level) shall coordinate with relevant agencies responsible for organizational and cadre work, and proceed with:

- Meeting with the cadres subject to removal;

- Compiling opinions from related agencies;

- Completing the dossier to submit to the competent authority managing cadres.

c) The competent authority managing cadres shall examine, conclude, and provide written approval.

d) Based on a written notification from the competent authority managing cadres, the Department of Home Affairs shall complete the dossier to submit to the Chairman of the People's Committee of the province or centrally-administered city for the removal of the Chairman, Vice-Chairman, and Member of the People's Committee at the district and town levels; the Home Affairs Office shall complete the dossier to submit to the Chairman of the People's Committee of the town, district, or provincial city for the removal of the Chairman, Vice-Chairman, and Member of the People's Committee at the ward level.

3. Dossier for Removal

The dossier for proposing removal of cadres includes:

a) A proposal from the People's Committee at the level where the cadres are being removed;

b) A resignation letter from the cadre in cases of removal for personal reasons;

c) A written conclusion and decision from the competent authority.

Article 4. Procedure for Dismissal

1. If the Chairman, Vice-Chairman, and Member of the People's Committee at the district, town, and ward levels where pilot projects are implemented commit serious violations of discipline or laws that render them unable to perform their assigned duties, they must be dismissed as a disciplinary measure.

2. The procedure for dismissing the Chairman, Vice-Chairman, and Member of the People's Committee at the district, town, and ward levels where pilot projects are implemented shall be carried out in accordance with the provisions of Decree No. 35/2005/NĐ-CP dated March 17, 2005, of the Government on handling disciplinary actions against cadres and civil servants.

Article 5. Effective Date

1. This Circular takes effect from April 1, 2009.

2. The Chairman of the People's Committee of the province or centrally-administered city where pilot projects are implemented shall be responsible for organizing the implementation of this Circular.

3. During the process of implementation, if there are any emerging issues or difficulties, the People's Committee of the province or centrally-administered city where pilot projects are implemented shall report to the Ministry of Home Affairs for research and resolution.