Decree No. 115/2021/ND-CP amends and supplements some articles of Decree No. 08/2016/ND-CP dated January 25, 2016 of the Government on the number of Vice Chairpersons of People's Committees and the procedures and formalities for election, resignation, removal from office, dismissal, transfer, and disciplinary action against members of People's Committees.

Issuing authority: Government Office

DECREE

Amending and supplementing certain articles of Decree No. 08/2016/NĐ-CP dated January 25, 2016 of the Government stipulating the number of Deputy Chairpersons of People's Committees and the procedures and formalities for election, resignation, removal from office, dismissal, transfer, and disciplinary action against members of People's Committees.

Based on the Law Amending and Supplementing Certain Provisions of the Government Organization Law and the Local Administration Organization Law dated November 22, 2019;

Pursuant to the Law on Local Administration Organization dated June 19, 2015;

Based on the Electricity Law dated November 30, 2024;

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

The Government promulgates this Decree amending and supplementing certain articles of Decree No. 08/2016/NĐ-CP dated January 25, 2016 of the Government stipulating the number of Deputy Chairpersons of People's Committees and the procedures and formalities for election, resignation, removal from office, dismissal, transfer, and disciplinary action against members of People's Committees.

Article 1. Amending and supplementing certain articles of Decree No. 08/2016/NĐ-CP dated January 25, 2016 of the Government stipulating the number of Deputy Chairpersons of People's Committees and the procedures and formalities for election, resignation, removal from office, dismissal, transfer, and disciplinary action against members of People's Committees.

1. Amend and supplement Article 11 as follows:

a) Amending Clause 1 of Article 11 as follows:

"1. The procedure and formalities for reporting before electing the Chairman of the People's Committee at provincial level, the Deputy Chairmen of the People's Committee 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) Supplementing Clause 4 of Article 11 as follows:

"4. Members of the People's Committee at provincial and district levels who are currently heads of specialized agencies under the same-level People's Committee shall not have to go through the appointment process again for the position of head of a specialized agency under the same-level People's Committee; in case they reach the term limit without being reappointed, they shall follow the procedure for removing them from their position as member of the People's Committee according to the provisions of this Decree at the nearest session of the People's Council."

2. Amending and supplementing Clause 2, Clause 3, and Clause 5 of Article 12 as follows:

"2. The dossier for approving the results of the election of Chairperson and Deputy Chairperson of the People's Committee includes:

a) A report from the Standing Committee of the People's Council (accompanied by a brief resume of the person proposed for approval);

b) The resolution of the People's Council confirming the results of the election of Chairperson and Deputy Chairperson of the People's Committee (accompanied by the Minutes of the vote counting for the election of Chairperson and Deputy Chairperson of the People's Committee);

c) A copy of the Decision of the competent authority approving the planning for the position of Chairperson and Deputy Chairperson of the People's Committee for the first-time candidate;

d) A copy of the Decision or notification of opinion on the personnel proposed for election from the competent authority according to the cadre management hierarchy (accompanied by a summary table of voting results and Minutes of the vote counting at each stage of the personnel process);

đ) A current curriculum vitae according to the model prescribed by the Central Party Organization Department, self-reported and confirmed by the directly managing cadre organization according to regulations (with a recent color photograph measuring 4x6 cm taken within six months);

e) A declaration of personal assets and income of the person proposed for approval according to the current model prescribed by the Government and guided by the Government Inspectorate;

g) A conclusion on political criteria according to the regulations;

h) A copy of the most recent Decision on assignment, transfer, rotation, or disciplinary action of the cadre (if any);

i) An assessment and evaluation of the cadre by the Party committee according to the cadre management hierarchy (in the last three years), by the Branch Committee where the person resides, the Branch Party, or the Party Committee of the workplace (within six months);

k) Copies of certificates and diplomas as required by the position standards for election. In case the personnel has a degree from an educational institution abroad, it must be recognized in Vietnam according to the regulations;

l) A health certificate issued by a competent medical facility (within six months).

3. Within five working days from the date of receiving two complete sets of dossiers as stipulated in Clause 2 of this Article, the competent authority for examination and verification must examine and verify the dossier for approving the results of the election of Chairperson and Deputy Chairperson of the People's Committee.

If the dossier is incomplete or contains errors according to the regulations, within three working days from the date of receipt of the dossier, the competent authority for examination and verification must issue a written request to the Standing Committee of the People's Council to supplement and perfect the dossier within no more than seven working days.

5. Within five working days from the date of receiving the document of the competent authority for examination and verification as stipulated in Article 5 of this Decree (accompanied by the proposal dossier of the Standing Committee of the People's Council), the Prime Minister examines and approves the results of the election of Chairperson and Deputy Chairperson of the provincial People's Committee; the Chairperson of the provincial and district People's Committees examines and approves the results of the election of 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 Chairperson and Deputy Chairperson of the provincial People's Committee; the Chairperson of the provincial and district People's Committees does not approve the results of the election of Chairperson and Deputy Chairperson of the directly subordinate People's Committees, they must respond in writing, stating the reasons and requesting the People's Council to organize another election for the unapproved positions."

3. Amending and supplementing Clause 3 and Clause 5 of Article 14 as follows:

"3. Within five working days from the date of receiving two complete sets of dossiers as stipulated in Clause 2 of this Article, the competent authority for examination and verification must examine and verify the dossier for approving the results of the removal from office or dismissal of Chairperson and Deputy Chairperson of the People's Committee.

If the dossier is incomplete or contains errors according to the regulations, within three working days from the date of receipt of the dossier, the competent authority for examination and verification must issue a written request to the Standing Committee of the People's Council to supplement and perfect the dossier within no more than seven working days.

5. Within five working days from the date of receiving the document of the examination and verification authority as stipulated in Article 5 of this Decree (accompanied by the proposal dossier of the Standing Committee of the People's Council), the Prime Minister examines and approves the results of the removal from office or dismissal of Chairperson and Deputy Chairperson of the provincial People's Committee; the Chairperson of the provincial and district People's Committees examines and approves the results of the removal from office or dismissal of Chairperson and Deputy Chairperson of the directly subordinate People's Committees."

Article 2. Effective Date

This Decree takes effect from the date of issuance.

Article 3. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, People's Councils, and People's Committees at all levels are responsible for implementing this Decree.