This Decree stipulates the number of Vice Chairpersons of the People's Committee at provincial and commune levels and the procedures and formalities for electing, removing from office, dismissing, transferring, and removing from office members of the People's Committee. In particular, this Decree clearly states the gradual reduction in the number of Vice Chairpersons of the provincial People's Committee to be in line with new regulations starting from 2030.
적용 범위
Applies to 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.
핵심 사항
- Stipulating the number of Vice Chairpersons of the People's Committee at provincial and commune levels
- Election, removal from office, dismissal, transfer, and removal from office procedures for members of the People's Committee
- Transitional provisions regarding the number of Vice Chairpersons of the People's Committee at the provincial level for units formed after the restructuring in 2025.
- Effectiveness and replacement of previous Decrees.
- Responsibilities for implementation by the Minister of Home Affairs, 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.
🌐 이 문서의 사회적 영향
- Enhancing the effectiveness of local state management activities.
- Reducing overlapping work in local administrative operations.
- Ensuring transparency and compliance with the law in the election, removal from office, and dismissal of members of the People's Committee.
❓ 자주 묻는 질문
When does this Decree take effect?
This Decree takes effect from the date of issuance.
Do previous Decrees related to this issue remain effective?
Decree No. 08/2016/NĐ-CP, Decree No. 69/2020/NĐ-CP, and Decree No. 115/2021/NĐ-CP cease to be effective from the date this Decree comes into force.
Administrative units at the provincial level formed after the restructuring in 2025 retain their current number of Vice Chairpersons?
Yes, administrative units at the provincial level formed after the restructuring in 2025 may retain their current number of Vice Chairpersons until July 2030.
전문
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THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ______________________ |
| Number: 300/2025/ND-CP | Hanoi, November 17, 2025 |
DECREE
Framework for the number of Vice Chairpersons and the structure of members of the People's Committee; procedures and formalities for requesting approval of the results of elections, dismissals, and removals of Chairpersons and Vice Chairpersons of the People's Committee; procedures and formalities for transferring, dismissing Chairpersons and Vice Chairpersons of the People's Committee and delegating the authority of the Chairperson of the People's Committee.and
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On the basis of 61/2014/QH13;
On the basis of Law on Local Administration Organization No. 72/2025/QH15;
||| Based on the proposal of the Minister of Home Affairs;
The Government issues this Decree to stipulate the framework for the number of Vice Chairpersons and the structure of members of the People's Committee; procedures and formalities for requesting approval of the results of elections, dismissals, and removals of Chairpersons and Vice Chairpersons of the People's Committee; procedures and formalities for transferring, dismissing Chairpersons and Vice Chairpersons of the People's Committee and delegating the authority of the Chairperson of the People's Committee at provincial level, commune level, and special economic zones (hereinafter referred to as commune level).
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Decree stipulates the framework for the number of Vice Chairpersons of the People's Committee, the number and structure of members of the People's Committee; procedures and formalities for requesting approval of the results of elections, dismissals, and removals of Chairpersons and Vice Chairpersons of the People's Committee; procedures and formalities for transferring, dismissing Chairpersons and Vice Chairpersons of the People's Committee and delegating the authority of the Chairperson of the People's Committee at provincial level, commune level, and special economic zones (hereinafter referred to as commune level).
Article 2. Authority to approve the results of elections, dismissals, and removals of Chairpersons and Vice Chairpersons of the People's Committee; decisions on transfers and dismissals of Chairpersons and Vice Chairpersons of the People's Committee and delegation of the authority of the Chairperson of the People's Committee.
1. The Prime Minister approves the results of elections, dismissals, and removals of Chairpersons and Vice Chairpersons of the People's Committee at provincial level; decides on transfers and dismissals of Chairpersons and Vice Chairpersons of the People's Committee at provincial level and delegates the authority of the Chairperson of the People's Committee at provincial level.
2. The Chairperson of the People's Committee at provincial level approves the results of elections, dismissals, and removals of Chairpersons and Vice Chairpersons of the People's Committee at commune level; decides on transfers and dismissals of Chairpersons and Vice Chairpersons of the People's Committee at commune level and delegates the authority of the Chairperson of the People's Committee at commune level.
Article 3. Agencies responsible for reviewing files for requests to approve the results of elections, dismissals, and removals of Chairpersons and Vice Chairpersons of the People's Committee; transfers and dismissals of Chairpersons and Vice Chairpersons of the People's Committee., ||, ||
1. The Ministry of Home Affairs reviews files submitted to the Prime Minister for requests to approve the results of elections, dismissals, and removals of Chairpersons and Vice Chairpersons of the People's Committee at provincial level; transfers and dismissals of Chairpersons and Vice Chairpersons of the People's Committee at provincial level and delegation of the authority of the Chairperson of the People's Committee at provincial level.
2. The Department of Home Affairs reviews files submitted to the Chairperson of the People's Committee at provincial level for requests to approve the results of elections, dismissals, and removals of Chairpersons and Vice Chairpersons of the People's Committee at commune level; transfers and dismissals of Chairpersons and Vice Chairpersons of the People's Committee at commune level and delegation of the authority of the Chairperson of the People's Committee at commune level.
Article 4. Cases where elections, dismissals, and removals of Chairpersons and Vice Chairpersons and members of the People's Committee are not required., ||
1. Chairpersons and Vice Chairpersons of the People's Committee who are transferred to other positions by the Prime Minister or the Chairperson of the People's Committee at provincial level, or are dismissed by the Prime Minister or the Chairperson of the People's Committee at provincial level, do not need to go through the dismissal or removal procedures. The Standing Body of the People's Council reports to the same-level People's Council at the nearest session regarding cases stipulated in this clause.
2. Members of the People's Committee who retire, resign, or pass away according to the decision of the competent authority do not need to go through the dismissal procedures. The Standing Body of the People's Council reports to the same-level People's Council at the nearest session regarding cases stipulated in this clause.
3. Members of the People's Committee who are re-elected to a new position but still belong to the members of the People's Committee of that administrative unit do not need to go through the dismissal procedures. When elected to a new position, they automatically cease to perform the duties of their previous position.
4. Heads of specialized agencies under the People's Committee who are members of the People's Committee and are appointed by the competent authority to head another specialized agency under the same People's Committee do not need to go through the election and dismissal procedures for members of the People's Committee. The appointing authority is responsible for reporting to the Standing Body of the People's Council so that the Standing Body can report to the same-level People's Council at the nearest session regarding the case stipulated in this clause.
Chapter II
FRAMEWORK FOR THE NUMBER OF VICE CHAIRPERSONS OF THE PEOPLE'S COMMITTEE AND THE NUMBER AND STRUCTURE OF MEMBERS OF THE PEOPLE'S COMMITTEE AT PROVINCIAL LEVEL AND COMMUNE LEVEL
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Article 5. Framework for the number of Vice Chairpersons of the People's Committee at the provincial level
1. For administrative units at the provincial level formed after the restructuring in 2025, the number of Vice Chairpersons of the People's Committee at the provincial level shall be specified as follows:
a) For cities
Ho Chi Minh City shall have no more than 08 Vice Chairpersons of the People's Committee.
A city formed through the restructuring of three provincial administrative units shall have no more than 07 Vice Chairpersons of the People's Committee; a city formed through the restructuring of two provincial administrative units shall have no more than 06 Vice Chairpersons of the People's Committee;
b) For provinces
A province formed through the restructuring of two provinces, where at least one of these two provinces has been classified as a Class I province according to the classification of administrative units before the restructuring, or a province formed through the restructuring of three provinces shall have no more than 06 Vice Chairpersons of the People's Committee.
A province formed through the restructuring of two provinces, both of which have been classified as Class II or Class III provinces according to the classification of administrative units before the restructuring, shall have no more than 05 Vice Chairpersons of the People's Committee.
2. For administrative units at the provincial level that do not undergo restructuring in 2025, the number of Vice Chairpersons of the People's Committee at the provincial level shall be specified as follows:
a) For cities
Hanoi City shall have no more than 05 Vice Chairpersons of the People's Committee.
Hue City shall have no more than 04 Vice Chairpersons of the People's Committee.
b) For provinces
The number of Vice Chairpersons of the People's Committee of a province shall be determined based on the classification of administrative units prior to the effective date of this Decree: A Class I province shall have no more than 04 Vice Chairpersons of the People's Committee; a Class II and Class III province shall have no more than 03 Vice Chairpersons of the People's Committee. After the effective date of this Decree, if a Class II or Class III province is reclassified as a Class I province, it shall have no more than 04 Vice Chairpersons of the People's Committee.
3. For provinces and cities with resolutions of the National Assembly and documents from competent authorities specifying a different number of Vice Chairpersons of the People's Committee of the province or city compared to the provisions of this Decree, they shall implement according to the resolutions of the National Assembly and documents from competent authorities.
4. In cases where the Politburo, Secretariat implements the policy of transferring cadres to assume the position of Vice Chairman of the People's Committee at the provincial level, the Vice Chairman of the People's Committee transferred shall be outside the number of Vice Chairpersons of the People's Committee specified in Clauses 1, 2, and 3 of this Article.
Article 6. Framework for the number of Vice Chairpersons of the People's Committee at the commune level
1. The number of Vice Chairpersons of the People's Committee at the commune level shall be calculated on the principle of an average of no more than 2.5 Vice Chairpersons of the People's Committee for each administrative unit at the commune level.
2. Based on the total number of Vice Chairpersons of the People's Committee at the commune level throughout the province, city as stipulated in Clause 1 of this Article, the People's Committee at the provincial level shall decide the specific number of Vice Chairpersons of the People's Committee for each commune level appropriate to the natural area, population size, classification of administrative units, level of socio-economic development, and practical situation of the locality but must ensure that it does not exceed the total number of Vice Chairpersons of the People's Committee at the commune level throughout the province, city.
Article 7. Number and structure of members of the People's Committee at the provincial and commune levels
1. Members of the People's Committee at the provincial level include the head of specialized agencies under the People's Committee at the provincial level, member responsible for military affairs, member responsible for public security.
2. Members of the People's Committee at the commune level include the head of specialized agencies under the People's Committee at the commune level, member responsible for military affairs, member responsible for public security.
3. The number of members of the People's Committee at the provincial and commune levels who are heads of specialized agencies under the People's Committee at the provincial and commune levels shall be implemented in accordance with the Government's regulations on the organization of specialized agencies under the People's Committee of the province, city and People's Committee of the commune, ward, special zone under the province, city.
Chapter III
PROCEDURES, PROCEDURAL REQUIREMENTS, AND DOCUMENTS FOR PROPOSAL OF APPROVAL OF RESULTS
THE PEOPLE'S ASSEMBLY ELECTS, RELIEVES FROM DUTIES, REMOVES FROM DUTIES THE CHAIRPERSON,
VICE CHAIRPERSON OF THE PEOPLE'S COMMITTEE; PROCEDURES, PROCEDURAL REQUIREMENTS FOR TRANSFERRING,
REMOVAL FROM DUTIES OF THE CHAIRPERSON, VICE CHAIRPERSON OF THE PEOPLE'S COMMITTEE AND
DELEGATION OF POWERS OF THE CHAIRPERSON OF THE PEOPLE'S COMMITTEE
Article 8. Approval of Results of Election of Chairperson and Deputy Chairperson of People's Committee
1. Procedures and Formalities
a) Within five working days from the date of the People's Council election of Chairperson and Deputy Chairperson of People's Committee, the Standing Body of the Provincial People's Council shall submit two sets of election result files for the Chairperson and Deputy Chairperson of the same level People's Committee to the Prime Minister (through the Ministry of Home Affairs for review); the Standing Body of the Commune People's Council shall submit two sets of election result files for the Chairperson and Deputy Chairperson of the same level People's Committee to the Chairperson of the Provincial People's Committee (through the Department of Home Affairs for review).
b) Within five working days from the date of receiving the two sets of files as prescribed in Clause 2 of this Article, the Ministry of Home Affairs must examine and review the file requesting approval of the election results of the Chairperson and Deputy Chairperson of the Provincial People's Committee; the Department of Home Affairs must examine and review the file requesting approval of the election results of the Chairperson and Deputy Chairperson of the Commune People's Committee.
In case the file is incomplete or does not comply with the regulations, within three working days from the date of receipt of the file, the reviewing agency shall issue a written request for the Standing Body of the People's Council to supplement and complete the file. The time for supplementing and completing the file shall not exceed three working days.
The content of the review includes: Compliance with the procedures and formalities for electing the Chairperson and Deputy Chairperson of the People's Committee as stipulated in the Law on the Organization of Local Administration and the contents of the file as prescribed in Clause 2 of this Article; handling complaints and reports related to personnel during the process of electing the Chairperson and Deputy Chairperson of the People's Committee (if any).
c) Within five working days from the date of receiving the written document of the reviewing agency (accompanied by the file requesting approval of the election results submitted by the Standing Body of the People's Council), the Prime Minister shall examine and approve the election results of the Chairperson and Deputy Chairperson of the Provincial People's Committee; the Chairperson of the Provincial People's Committee shall examine and approve the election results of the Chairperson and Deputy Chairperson of the Commune People's Committee.
In case the Prime Minister does not approve the election results of the Chairperson and Deputy Chairperson of the Provincial People's Committee; the Chairperson of the Provincial People's Committee does not approve the election results of the Chairperson and Deputy Chairperson of the Commune People's Committee, 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.
2. Files Requesting Approval of Election Results of Chairperson and Deputy Chairperson of People's Committee include:
a) A report from the Standing Body of the People's Council (attached with the summary record of the person elected to the position of Chairperson and Deputy Chairperson of People's Committee). The content of the report must clearly state the legal bases and grounds for the People's Council to elect the Chairperson and Deputy Chairperson of People's Committee; specifically, for the report approving the Deputy Chairperson of People's Committee, it must clearly state the number of Deputy Chairpersons elected according to the regulations and the current number of Deputy Chairpersons.
b) Resolution of the People's Council confirming the election results of the Chairperson and Deputy Chairperson of People's Committee (attached with the minutes of the vote counting for the election results of the Chairperson and Deputy Chairperson of People's Committee).
c) A copy of the Decision or notification of opinion on personnel from the competent authority according to the cadre management hierarchy.
d) A copy of the Decision approving the planning of the position of Chairperson and Deputy Chairperson of People's Committee or equivalent position of the person introduced for the first-time election according to the regulations of the competent authority.
đ) Personnel files for candidates nominated for election according to the regulations on cadre management hierarchy and planning, appointment, and nomination of candidates of the competent authority.
e) Handling of complaints and reports related to personnel during the process of electing the Chairperson and Deputy Chairperson of People's Committee (if any).
In cases where the components of the file requesting approval as prescribed in this clause have been approved by the competent authority and are already in the national database on cadres, civil servants, and public officials, they may be used to replace the corresponding paper versions.
Article 9. Approval of Results of Removal and Dismissal of Chairperson and Deputy Chairperson of People's Committee
1. Procedures and Formalities
a) Within five working days from the date the People's Council removes or dismisses the Chairperson and Deputy Chairperson of the People's Committee, the Standing Body of the Provincial People's Council shall submit two sets of files on the results of removal and dismissal of the Chairperson and Deputy Chairperson of the People's Committee at the same level to the Prime Minister (through the Ministry of Home Affairs for review); the Standing Body of the Commune People's Council shall submit two sets of files on the results of removal and dismissal of the Chairperson and Deputy Chairperson of the People's Committee at the same level to the Chairperson of the Provincial People's Committee (through the Department of Home Affairs for review).
b) Within five working days from the date of receiving the complete two sets of files as prescribed in Clause 2 of this Article, the Ministry of Home Affairs must examine and review the files requesting approval of the results of removal and dismissal of the Chairperson and Deputy Chairperson of the Provincial People's Committee; the Department of Home Affairs must examine and review the files requesting approval of the results of removal and dismissal of the Chairperson and Deputy Chairperson of the Commune People's Committee.
In case the file is incomplete or does not comply with the regulations, within three working days from the date of receipt of the file, the reviewing agency shall issue a written request for the Standing Body of the People's Council to supplement and complete the file. The time for supplementing and completing the file shall not exceed three working days.
The content of the review includes compliance with the procedures and formalities for removal and dismissal of the Chairperson and Deputy Chairperson of the People's Committee as stipulated in the Law on Local Administration Organization and the contents of the files as prescribed in Clause 2 of this Article.
c) Within five working days from the date of receiving the review document (accompanied by the file requesting approval of the results of removal and dismissal of the Standing Body of the People's Council), the Prime Minister shall examine and approve the results of removal and dismissal of the Chairperson and Deputy Chairperson of the Provincial People's Committee; the Chairperson of the Provincial People's Committee shall examine and approve the results of removal and dismissal of the Chairperson and Deputy Chairperson of the Commune People's Committee.
2. Files for Approval of Results of Removal and Dismissal of the Chairperson and Deputy Chairperson of the People's Committee include:
a) A report from the Standing Body of the People's Council (attached with the summary record of the person proposed for removal or dismissal from the position of Chairperson or Deputy Chairperson of the People's Committee). The content of the report must clearly state the legal bases and grounds for the People's Council to remove or dismiss the positions of Chairperson and Deputy Chairperson of the People's Committee.
b) A copy of the Decision or document announcing the opinion on personnel matters of the competent authority according to the cadre management hierarchy.
c) The Resolution of the People's Council on the removal and dismissal of the Chairperson and Deputy Chairperson of the People's Committee.
d) Minutes of the voting results or ballot counting results for the removal and dismissal of the Chairperson and Deputy Chairperson of the People's Committee.
Article 10. Transfer, Dismissal of Chairperson and Deputy Chairperson of the 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 the Provincial People's Committee upon the proposal of the Minister of Home Affairs; the Chairperson of the Provincial People's Committee decides to transfer the Chairperson and Deputy Chairperson of the Commune People's Committee upon the proposal of the Director of the Department of Home Affairs.
2. When the Chairperson and Deputy Chairperson of the People's Committee commit violations of the law or fail to fulfill their assigned responsibilities and duties, based on the opinions of the competent authority according to the cadre management hierarchy, the Prime Minister decides to dismiss the Chairperson and Deputy Chairperson of the Provincial People's Committee upon the proposal of the Minister of Home Affairs; the Chairperson of the Provincial People's Committee decides to dismiss the Chairperson and Deputy Chairperson of the Commune People's Committee upon the proposal of the Director of the Department of Home Affairs.
3. The Chairperson and Deputy Chairperson of the People's Committee who are transferred or dismissed cease to perform the duties of Chairperson and Deputy Chairperson of the People's Committee from the date the decision on transfer or dismissal takes effect.
Article 11. Transfer of the Chairman's Authority of the People's Committee
1. In case of vacancy of the Chairman of the People's Committee, the Standing Body of the Provincial People's Council shall submit to the Prime Minister for a decision to transfer the authority of the Chairman of the Provincial People's Committee; the Standing Body of the Commune People's Council shall submit to the Chairman of the Provincial People's Committee for a decision to transfer the authority of the Commune People's Committee Chairman.
2. The transferred authority of the Chairman of the People's Committee ceases to be exercised from the date when the People's Council elects a new Chairman of the People's Committee.
3. Procedures and formalities for transferring the authority of the Chairman of the People's Committee
a) The Standing Body of the Provincial People's Council shall send two sets of files requesting the transfer of the authority of the Chairman of the same level People's Committee to the Prime Minister (through the Ministry of Home Affairs for review); the Standing Body of the Commune People's Council shall send two sets of files requesting the transfer of the authority of the same level People's Committee Chairman to the Chairman of the Provincial People's Committee (through the Department of Home Affairs for review).
b) Within three working days from the date of receiving the complete two sets of files as stipulated in Clause 4 of this Article, the Ministry of Home Affairs must examine and review the files requesting the transfer of the authority of the Provincial People's Committee Chairman; the Department of Home Affairs must examine and review the files requesting the transfer of the authority of the Commune People's Committee Chairman.
If the files are incomplete or not in accordance with regulations, within two working days from the date of receipt of the files, the reviewing agency shall issue a written request for the Standing Body of the People's Council to supplement and perfect the files. The time for supplementing and perfecting the files shall not exceed two working days.
c) Within three working days from the date of receiving the reviewing agency's document (accompanied by the Standing Body of the People's Council's request file), the Prime Minister shall examine and decide on the transfer of the authority of the Provincial People's Committee Chairman; the Chairman of the Provincial People's Committee shall examine and decide on the transfer of the authority of the Commune People's Committee Chairman.
If the Prime Minister does not decide to transfer the authority of the Provincial People's Committee Chairman; the Chairman of the Provincial People's Committee does not decide to transfer the authority of the Commune People's Committee Chairman, they must respond in writing, clearly stating the reasons.
4. Files Requesting the Transfer of the Authority of the Chairman of the People's Committee
a) A report from the Standing Body of the People's Council (attached with the summary record of the person proposed to have the authority transferred). The content of the report must clearly state the bases, conditions, and actual situation of the locality to introduce personnel for the proposal to transfer the authority of the Chairman of the People's Committee;
b) Personnel files for candidates introduced according to the regulations on分级管理干部和规划、任命、推荐候选人资格的有权机关的规定。
Chapter IV
IMPLEMENTING PROVISIONS
Article 12. Transitional Provisions
For administrative units at the provincial level formed after the restructuring in 2025, if the number of Deputy Chairmen of the People's Committee at the end of the 2021-2026 term exceeds the number specified in Article 5 of this Decree, then at the beginning of the 2026-2031 term, the number of Deputy Chairmen of the People's Committee will remain unchanged compared to the end of the 2021-2026 term. The People's Committees of provinces and cities must have a phased reduction plan for the number of Deputy Chairmen of the People's Committee so that by July 2030, the number of Deputy Chairmen of the People's Committee complies with the provisions of this Decree, except where the competent authority has other regulations.
Article 13. Effective Date
1. This Decree takes effect from the date of issuance.
2. Decree No. 08/2016/NĐ-CP dated January 25, 2016 of the Government on the number of Deputy Chairmen of the People's Committee and the procedures and formalities for election, resignation, dismissal, removal, transfer, and demotion of members of the People's Committee; Decree No. 69/2020/NĐ-CP dated June 24, 2020 of the Government amending and supplementing certain articles of Decree No. 08/2016/NĐ-CP; Decree No. 115/2021/NĐ-CP dated December 16, 2021 of the Government amending and supplementing certain articles of Decree No. 08/2016/NĐ-CP shall cease to be effective from the date this Decree takes effect.
1. The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under the central government, and related agencies, units, and individuals are responsible for implementing this Circular.
1. The Minister of Home Affairs shall be responsible for guiding and supervising the implementation of the provisions of this Decree.
2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmen of People's Councils, and Chairmen of People's Committees at all levels shall be responsible for implementing this Decree.
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SIGNATURE OF THE GOVERNMENT DEPUTY PRIME MINISTER DEPUTY PRIME MINISTER (Signed) |
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