Decree No. 08/2016/ND-CP stipulates the number of Vice Chairpersons of the People's Committee and the procedures for election, resignation, removal from office, dismissal, transfer, and disciplinary action against members of the People's Committee.

DECREE

Regarding the number of Vice Chairpersons of the People's Committee and

procedures and formalities for election, resignation, removal, dismissal,

transfer, and disciplinary removal of members of the People's Committee

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Căn cứ Luật T, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP ficer Ch"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."36/2016/NĐ-CP dated May 15, 2016 of the Government on medical equipment management.

Căn cứ Luật T, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP of local administrative bodies on June 19, 2015;

||| Based on the proposal of the Minister of Home Affairs;

The Government issues this Decree to regulate theNo. number of Vice Chairpersons of the People's Committee and procedures and formalities for election, resignation, removal, dismissal, transfer, and disciplinary removal of members of the People's Committee.onArticle 1. This Decree regulates the number of Vice Chairpersons of the People's Committee and procedures and formalities for election, resignation, removal, dismissal, transfer, and disciplinary removal of members of the People's Committee at provincial level; district level; town level; and commune level (hereinafter collectively referred to as provincial, district, and commune levels).

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

2. The number of members of the People's Committee at special administrative-economic units shall be implemented according to the provisions of the National Assembly when establishing such special administrative-economic units. Procedures and formalities for election, resignation, removal, dismissal, transfer, and disciplinary removal of members of the People's Committee at special administrative-economic units shall be carried out in accordance with the provisions of this Decree.

Article 2. Principles for determining the number of Vice Chairpersons of the People's Committee

1. The number of Vice Chairpersons of the People's Committee shall be determined based on the classification of administrative units as stipulated in the Law on Organization of Local Administrative Bodies, this Decree, and relevant laws.

2. In cases where the competent authority responsible for cadre management at the appropriate level implements the policy of cadre rotation and transfer to assume the position of Vice Chairman of the People's Committee, the Vice Chairman of the People's Committee who is rotated or transferred shall be outside the number of Vice Chairpersons of the People's Committee specified in this Decree.

The Chairman of the People's Committee at the provincial level shall submit a report to the Ministry of Home Affairs to request the Prime Minister's decision to increase the number of Vice Chairpersons of the People's Committee at all levels to implement the policy of cadre rotation and transfer, but ensuring that the additional number of Vice Chairpersons of the People's Committee due to rotation or transfer at one administrative unit does not exceed one person.

Article 3. Members of the People's Committee

1. Members of the People's Committee at the provincial and district levels include members who are heads of specialized agencies under the provincial and district People's Committees, members in charge of military affairs, and members in charge of public security at the provincial and district levels.

The number and specific positions of members of the People's Committee who are heads of specialized agencies under the provincial and district People's Committees shall be implemented in accordance with the Government's Decree on the organization of specialized agencies under the provincial and district People's Committees.

2. Members of the People's Committee at the commune level include members in charge of military affairs and members in charge of public security at the commune level.

Article 4. Principles for election, resignation, removal, dismissal, transfer, and disciplinary removal of members of the People's Committee

1. The election of members of the People's Committee shall be conducted by secret ballot.

2. The removal and dismissal of members of the People's Committee shall be conducted by open voting or secret ballot, decided by the People's Council at the same level.

3. In cases where a Vice Chairman or member of the People's Committee is elected to a new position but still belongs to the same administrative unit, the procedure for removing the old position before electing the new position shall not be carried out. Upon being elected to the new position, they automatically cease to perform the duties of the old position.

4. The election, resignation, removal, dismissal, transfer, and disciplinary removal of members of the People's Committee shall be carried out in accordance with the procedures and formalities stipulated in the Law on Organization of Local Administrative Bodies, this Decree, and regulations of the competent authority regarding cadre management.

5. The results of the election, removal, and dismissal of Chairpersons and Vice Chairpersons of the People's Committee must be submitted to the competent authority specified in Article 6 of this Decree for examination and approval.

The results of the election, appointment, and removal of the Chairperson and Vice-Chairpersons of the People's Committee must be submitted to the competent authority specified in Article 6 of this Decree for examination and approval.

Article 5. The competent authority to review the dossier for approving the results of election, removal from office, dismissal of Chairpersons and Deputy Chairpersons of People's Committees; proposing transfer, removal from office of Chairpersons and Deputy Chairpersons of People's Committees and transferring the powers of Chairperson of People's Committees.

1. The Ministry of Home Affairs assists the Prime Minister in reviewing the dossier for approving the results of election, removal from office, dismissal of Chairpersons and Deputy Chairpersons of provincial People's Committees; proposing transfer, removal from office of Chairpersons and Deputy Chairpersons of provincial People's Committees and transferring the powers of Chairperson of provincial People's Committees.

2. The Department of Home Affairs assists the Chairperson of provincial People's Committee in reviewing the dossier for approving the results of election, removal from office, dismissal of Chairpersons and Deputy Chairpersons of district People's Committees; proposing transfer, removal from office of Chairpersons and Deputy Chairpersons of district People's Committees and transferring the powers of Chairperson of district People's Committees.

3. The Home Affairs Office assists the Chairperson of district People's Committee in reviewing the dossier for approving the results of election, removal from office, dismissal of Chairpersons and Deputy Chairpersons of commune People's Committees; proposing transfer, removal from office of Chairpersons and Deputy Chairpersons of commune People's Committees and transferring the powers of Chairperson of commune People's Committees.

Article 6. The competent authority to approve the results of election, removal from office, dismissal of Chairpersons and Deputy Chairpersons of People's Committees; deciding on transfer, removal from office of Chairpersons and Deputy Chairpersons of People's Committees and transferring the powers of Chairperson of People's Committees.

1. The Prime Minister approves the results of election, removal from office, dismissal of Chairpersons and Deputy Chairpersons of provincial People's Committees; decides on transfer, removal from office of Chairpersons and Deputy Chairpersons of provincial People's Committees and transferring the powers of Chairperson of provincial People's Committees.

2. The Chairperson of provincial People's Committee approves the results of election, removal from office, dismissal of Chairpersons and Deputy Chairpersons of district People's Committees; decides on transfer, removal from office of Chairpersons and Deputy Chairpersons of district People's Committees and transferring the powers of Chairperson of district People's Committees.

3. The Chairperson of district People's Committee approves the results of election, removal from office, dismissal of Chairpersons and Deputy Chairpersons of commune People's Committees; decides on transfer, removal from office of Chairpersons and Deputy Chairpersons of commune People's Committees and transferring the powers of Chairperson of commune People's Committees.

Chapter II

NUMBER OF DEPUTY CHAIRPERSONS OF THE PEOPLE'S COMMITTEE

Article 7. Maximum number of Deputy Chairpersons of People's Committees in administrative units

1. For rural administrative units

a) A Class I province shall have no more than 04 Deputy Chairpersons of People's Committee; a Class II or Class III province shall have no more than 03 Deputy Chairpersons of People's Committee;

b) A Class I district shall have no more than 03 Deputy Chairpersons of People's Committee; a Class II or Class III district shall have no more than 02 Deputy Chairpersons of People's Committee;

c) A Class I commune shall have no more than 02 Deputy Chairpersons of People's Committee; a Class II or Class III commune shall have 01 Deputy Chairperson of People's Committee.

2. Regarding administrative units in urban areas

a) Hanoi City and Ho Chi Minh City shall have no more than 05 Deputy Chairpersons of People's Committee; other centrally governed cities shall have no more than 04 Deputy Chairpersons of People's Committee;

b) A Class I district, town, city under province, or city under centrally governed city shall have no more than 03 Deputy Chairpersons of People's Committee; a Class II or Class III district, town, city under province, or city under centrally governed city shall have no more than 02 Deputy Chairpersons of People's Committee;

c) A Class I ward or town shall have no more than 02 Deputy Chairpersons of People's Committee; a Class II or Class III ward or town shall have 01 Deputy Chairperson of People's Committee.

Article 8. Number of Deputy Chairpersons of the People's Committee when merging administrative units at the same level

When multiple administrative units are merged into a new administrative unit at the same level, the maximum number of Deputy Chairpersons of the People's Committee shall be determined based on the classification of the new administrative unit according to the provisions of Article 7 of this Decree. In cases where the new administrative unit has not yet been classified, the maximum number of Deputy Chairpersons of the People's Committee shall be determined based on the highest-level administrative unit category among the units before the merger until the new administrative unit is classified.

Article 9. Number of Deputy Chairpersons of the People's Committee when dividing an administrative unit into several administrative units at the same level

When an administrative unit is divided into several new administrative units at the same level, the maximum number of Deputy Chairpersons of the People's Committee shall be determined based on the classification of the new administrative units according to the provisions of Article 7 of this Decree. In cases where the new administrative units have not yet been classified, the maximum number of Deputy Chairpersons of the People's Committee shall be determined based on the third-level administrative unit category until the new administrative units are classified.

Article 10. Specific number of Deputy Chairpersons of the People's Committee

Based on the actual situation of the locality, the People's Council shall elect Deputy Chairpersons of the People's Committee ensuring that the number does not exceed the provisions set out in Articles 7, 8, and 9 of this Decree.

Chapter III

PROCEDURE AND PROCEDURES FOR ELECTION, RESIGNATION, REMOVAL FROM OFFICE, DISMISSAL OF MEMBERS OF THE PEOPLE'S COMMITTEE

TRANSFER, REMOVAL FROM OFFICE OF MEMBERS OF THE PEOPLE'S COMMITTEE

Section 1

PROCEDURE AND PROCEDURES FOR ELECTION OF MEMBERS OF THE PEOPLE'S COMMITTEE

Article 11. Election of Members of the People's Committee

1. Report before electing the Chairman and Deputy Chairmen of the People's Committee

a) The procedure and procedures for reporting before electing the Chairman of the People's Committee at the provincial level and Deputy Chairmen of the People's Committees of Hanoi City and Ho Chi Minh City shall be carried out in accordance with the regulations of the competent authority on cadre management.

b) For the election of Deputy Chairmen of the People's Committee at the provincial level (excluding Hanoi City and Ho Chi Minh City), after receiving the proposed personnel list from the competent authority according to the cadre management hierarchy, the Chairman of the People's Committee at the provincial level shall submit a report to the Ministry of Home Affairs to report to the Prime Minister before submitting the list to the Provincial People's Council for the election of Deputy Chairmen of the People's Committee at the provincial level.

c) Based on the provisions of this Decree and the regulations of the competent authority on cadre management hierarchy, the People's Committee at the provincial level shall guide the procedures and procedures for reporting to the competent authority before electing the Chairman and Deputy Chairmen of the People's Committee at the district and commune levels.

2. Procedure and procedures for electing members of the People's Committee

a) The Chairman of the People's Council introduces candidates for the People's Council at the same level to elect the Chairman of the People's Committee. The elected Chairman of the People's Committee at the first session of the People's Council must be a member of the People's Council. The elected Chairman of the People's Committee during the term of office does not necessarily need to be a member of the People's Council.

The Chairman of the People's Committee introduces candidates for the People's Council at the same level to elect Deputy Chairmen and members of the People's Committee. Deputy Chairmen and members of the People's Committee do not necessarily need to be members of the People's Council.

b) When electing members of the People's Committee at the People's Council session, if there are People's Council members who run for election or introduce additional candidates outside the list introduced by the authorized person as stipulated in point a of this clause, the Standing Body of the People's Council shall present to the People's Council for consideration and decision.

c) The ballot counting team for the election of members of the People's Committee consists of the Head, Secretary, and Members. The People's Council shall elect the ballot counting team through secret ballot or public voting according to the introduction of the Chairman of the People's Council. People's Council members have the right to nominate candidates to participate in the ballot counting team.

d) A member of the People's Committee is elected when more than half of the total number of People's Council members casting votes approve.

đ) In case the first election does not receive approval from more than half of the total number of People's Council members casting votes, whether to hold another election or not to elect a member of the People's Committee immediately during the session shall be reported by the Chairman of the People's Council to the People's Council for consideration and decision.

3. The People's Council shall issue a Resolution on the election of members of the People's Committee at the same level.

Article 12. Review and Approval of Results of Election of Chairperson and Deputy Chairperson of People's Committee

1. Within five working days from the date of the People's Council's election of the Chairperson and Deputy Chairperson of the People's Committee, the Standing Body of the People's Council shall send two sets of files on the results of the election of the Chairperson and Deputy Chairperson of the People's Committee at the same level to the competent authority for review as prescribed in Article 5 of this Decree.

2. The approval file for the results of the election of the Chairperson and Deputy Chairperson of the People's Committee includes:

a) A request document from the Standing Body of the People's Council accompanied by a list of persons proposed for approval;

b) The resolution of the People's Council on the election of the Chairperson and Deputy Chairperson of the People's Committee;

c) Minutes of the vote counting on the results of the election of the Chairperson and Deputy Chairperson of the People's Committee;

d) Decision or notification of opinion on personnel matters by the competent authority according to the cadre management hierarchy;

đ) Curriculum vitae of the civil servant proposed for approval in accordance with the form prescribed by the Ministry of Home Affairs;

e) Declaration of assets and income of the person proposed for approval in accordance with the form prescribed by the Government Inspectorate.

3. Within three working days from the date of receipt of two complete sets of files as prescribed in Clause 2 of this Article, the competent authority for review must examine and review the approval file for the results of the election of the Chairperson and Deputy Chairperson of the People's Committee.

In case the file is incomplete as prescribed, within two working days from the date of receipt of the file, the competent authority for review shall issue a document requesting the Standing Body of the People's Council to supplement the missing contents of the file.

4. The content of the review includes:

a) Compliance with the procedures and formalities for the election prescribed in Clause 2 of Article 11 of this Decree and the content of the file prescribed in Clause 2 of this Article;

b) Handling of complaints and denunciations related to the elected Chairperson and Deputy Chairperson of the People's Committee (if any).

5. Within seven working days from the date of receipt of the document of the competent authority for review prescribed in Article 5 of this Decree (accompanied by the request file of the Standing Body of the People's Council), the Prime Minister shall consider and approve the results of the election of the Chairperson and Deputy Chairperson of the provincial and district-level People's Committees; the Chairperson of the provincial and district-level People's Committees shall consider and approve the results of the election of the Chairperson and Deputy Chairperson of the directly subordinate People's Committees.

In case the Prime Minister does not approve the results of the election of the Chairperson and Deputy Chairperson of the provincial People's Committee; the Chairperson of the provincial and district-level People's Committees does not approve the results of the election of the Chairperson and Deputy Chairperson of the directly subordinate People's Committees, they must respond in writing, stating the reasons and requiring the People's Council to organize a re-election for the position that was not approved.

Section 2

PROCEDURE AND FORMALITIES FOR RESIGNATION, REMOVAL FROM OFFICE, DISMISSAL

TRANSFER, REMOVAL FROM OFFICE OF MEMBERS OF THE PEOPLE'S COMMITTEE

Article 13. Resignation, Removal from Office, Dismissal of Members of the People's Committee

1. If a member of the People's Committee cannot continue to perform their duties due to health reasons or other reasons, they may resign.

The resignation letter of the Chairperson of the People's Committee is sent to the Chairperson of the People's Council at the same level; the resignation letter of the Deputy Chairperson and Member of the People's Committee is sent to the Chairperson of the People's Committee at the same level.

The Chairperson of the People's Council shall submit the matter of removing the Chairperson of the People's Committee who has submitted a resignation letter to the People's Council for consideration and decision at the nearest session of the People's Council; the Chairperson of the People's Committee shall submit the matter of removing the Deputy Chairperson and Member of the People's Committee who have submitted a resignation letter to the People's Council for consideration and decision at the nearest session of the People's Council.

If the People's Council does not remove the member of the People's Committee, the member shall continue to perform their duties.

2. The People's Council shall remove members of the People's Committee in the following cases:

a) Resignation as prescribed in Clause 1 of this Article;

b) Being assigned to another job by the competent authority without being transferred according to the provisions of Clause 1 of Article 124 of the Law on Organization of Local Administration;

c) Being decided to retire or leave work by the competent authority;

d) Not being trusted according to the provisions of Clause 3 of Article 89 of the Law on Organization of Local Administration.

3. The People's Council shall dismiss members of the People's Committee in the following cases:

a) Being convicted by a court judgment or decision that has taken legal effect;

b) Committing acts of violating laws or failing to fulfill assigned responsibilities properly but not reaching the level of disciplinary dismissal but requiring dismissal.

4. The People's Council shall remove or dismiss the Chairperson of the People's Committee upon the proposal of the Chairperson of the People's Council; remove or dismiss the Deputy Chairperson and Member of the People's Committee upon the proposal of the Chairperson of the People's Committee.

5. The removal or dismissal of members of the People's Committee shall be conducted through public voting or secret ballot as decided by the People's Council at the same level. In case the removal or dismissal of members of the People's Committee is conducted through secret ballot, a Ballot Counting Board shall be established. The composition of the Ballot Counting Board and the election of the Ballot Counting Board shall be carried out as prescribed in Point c, Clause 2 of Article 11 of this Decree.

6. The result of the removal or dismissal of members of the People's Committee shall be passed when more than half of the total number of representatives of the People's Council agree.

7. The People's Council shall issue a Resolution on the removal or dismissal of members of the People's Committee at the same level.

Article 14. Review and Approval of Results of Removal and Dismissal of Chairperson and Deputy Chairperson of People's Committee

1. The submission to the competent authority for review of the approval dossier for the results of removal and dismissal of Chairperson and Deputy Chairperson of People's Committee shall be carried out as prescribed in Clause 1 of Article 12 of this Decree.

2. Files for Approval of Results of Removal and Dismissal of the Chairperson and Deputy Chairperson of the People's Committee include:

a) The proposal document of the Standing Committee of the People's Council;

b) The resolution of the People's Council on the removal and dismissal of Chairperson and Deputy Chairperson of People's Committee;

c) Minutes of voting or ballot counting on the results of removal and dismissal of Chairperson and Deputy Chairperson of People's Committee;

d) Decision or notification document of the opinion of the competent authority according to the cadre management hierarchy;

đ) Resignation letter in cases of removal as prescribed in Clause 1 of Article 13 of this Decree.

3. The time limit for reviewing the approval dossier for the results of removal and dismissal of Chairperson and Deputy Chairperson of People's Committee shall be carried out as prescribed in Clause 3 of Article 12 of this Decree.

4. The content of the review includes:

a) Conditions for removal and dismissal as prescribed in Clauses 2 and 3 of Article 13 of this Decree;

b) Compliance with the procedures and formalities for removal and dismissal as prescribed in Clauses 4 and 5 of Article 13 of this Decree and the contents of the dossier as prescribed in Clause 2 of this Article.

5. Within seven working days from the date of receipt of the document of the reviewing agency as prescribed in Article 5 of this Decree (accompanied by the dossier proposed by the Standing Committee of the People's Council), the Prime Minister shall consider and approve the results of removal and dismissal of Chairperson and Deputy Chairperson of provincial People's Committee; the Chairperson of provincial People's Committee shall consider and approve the results of removal and dismissal of Chairperson and Deputy Chairperson of district People's Committee; the Chairperson of district People's Committee shall consider and approve the results of removal and dismissal of Chairperson and Deputy Chairperson of commune People's Committee.

Article 15. Transfer and Removal of Chairperson and Deputy Chairperson of People's Committee and Assignment of Chairperson of People's Committee

1. Due to the requirements of tasks and based on the opinions of the competent authority according to the cadre management hierarchy, the Prime Minister decides to transfer the Chairperson and Deputy Chairperson of provincial People's Committee upon the proposal of the Minister of Home Affairs; the Chairperson of provincial People's Committee decides to transfer the Chairperson and Deputy Chairperson of district People's Committee upon the proposal of the Director of the Department of Home Affairs; the Chairperson of district People's Committee decides to transfer the Chairperson and Deputy Chairperson of commune People's Committee upon the proposal of the Head of the Home Affairs Office.

2. When the Chairperson and Deputy Chairperson of People's Committee commit violations of laws or fail to fulfill their assigned responsibilities, based on the opinions of the competent authority according to the cadre management hierarchy, the Prime Minister decides to remove the Chairperson and Deputy Chairperson of provincial People's Committee upon the proposal of the Minister of Home Affairs; the Chairperson of provincial People's Committee decides to remove the Chairperson and Deputy Chairperson of district People's Committee upon the proposal of the Director of the Department of Home Affairs; the Chairperson of district People's Committee decides to remove the Chairperson and Deputy Chairperson of commune People's Committee upon the proposal of the Head of the Home Affairs Office.

When the Prime Minister decides to remove the Chairperson of provincial People's Committee; when the Chairperson of provincial or district People's Committee decides to remove the Chairperson of lower-level People's Committee, they simultaneously decide to assign the Chairperson of People's Committee.

3. In case of vacancy of the Chairperson of People's Committee between two sessions of the People's Council, the Standing Committee of the provincial People's Council reports to the Ministry of Home Affairs to submit to the Prime Minister for decision to assign the Chairperson of provincial People's Committee; the Standing Committee of the district People's Council reports to the Department of Home Affairs to submit to the Chairperson of provincial People's Committee for decision to assign the Chairperson of district People's Committee; the Standing Committee of the commune People's Council reports to the Home Affairs Office to submit to the Chairperson of district People's Committee for decision to assign the Chairperson of commune People's Committee.

4. The Chairperson and Deputy Chairperson of People's Committee who are transferred or removed cease to perform their duties as Chairperson and Deputy Chairperson of People's Committee from the date the transfer or removal decision takes effect and do not go through the procedure of removal or dismissal of the position of Chairperson and Deputy Chairperson of People's Committee at the same level People's Council.

The Chairperson of People's Committee ceases to perform duties from the date the People's Council elects a new Chairperson of People's Committee.

Chapter IV

IMPLEMENTING PROVISIONS

Article 16. Effective Date

1. This Decree takes effect from March 10, 2016.

2. Decrees No. 107/2004/NĐ-CP dated April 1, 2004 of the Government stipulating the number of Deputy Chairpersons and the structure 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, and Decree No. 36/2011/NĐ-CP dated May 23, 2011 of the Government amending and supplementing certain provisions of Decree No. 107/2004/NĐ-CP shall cease to be effective from the date this Decree takes effect, except as provided in Article 17 of this Decree.

Article 17. Transitional Provisions

From the date this Decree takes effect until the People's Council of the 2016-2021 term elects the People's Committee at the same level, the structure of members of People's Committees at all levels shall continue to remain unchanged according to the provisions of Decrees No. 107/2004/NĐ-CP, No. 27/2009/NĐ-CP, and No. 36/2011/NĐ-CP of the Government. Starting from the 2016-2021 term, the structure of members of People's Committees at all levels shall be implemented according to the provisions of this Decree.

Article 18. Responsibility for Implementation

1. The Minister of Home Affairs shall be responsible for inspecting the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of People's Councils, and Chairpersons of People's Committees at all levels shall be responsible for implementing this Decree./.