Decree No. 82/2008/ND-CP amending and supplementing certain articles of Decree No. 107/2004/ND-CP dated April 1, 2004 of the Government on Deputy Chairpersons and the structure of members of People's Committees at all levels.

DECREE

Amending and supplementing some articles of Decree No. 107/2004/NĐ-CP dated April 1, 2004 of the Government on Deputy Chairpersons and the structure of members of People's Committees at all levelsprovides for the Vice Chair and the composition of members of People's Committees at all levels

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THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Organization of People's Councils and People's Committees dated November 26, 2003;

Pursuant to Resolution No. 15/2008/QH12 dated May 29, 2008 of the National Assembly on adjusting administrative boundaries of Hanoi City and some related provinces;

Considering the proposal of the Minister of Home Affairs,

DECREE:

Article 1. Amending and supplementing some articles of Decree No. 107/2004/NĐ-CP dated April 1, 2004 of the Government on the number of Deputy Chairpersons and the structure of members of People's Committees at all levels (hereinafter referred to as Decree No. 107/2004/NĐ-CP) as follows:

1. Supplement Article 4a before Article 5 as follows:

"Article 4a. The People's Committee of Hanoi City shall have 13 members, including 01 Chairman, not more than 08 Deputy Chairmen, and other members.

The Chairman of the People's Committee of Hanoi City shall assign tasks to each Deputy Chairman and member based on the capability of cadres, the area under management, and the actual conditions of the locality."

2. Amend Article 5 as follows:

Delete the phrase "of Hanoi City and" in paragraph 1.

3. Supplement Article 10a after Article 10 as follows:

"Article 10a. Some districts and urban areas of Hanoi City may be increased by 01 Deputy Chairman of the People's Committee within the total number of members stipulated in Articles 8, 9, and 10 of Decree No. 107/2004/NĐ-CP.

The People's Committee of Hanoi City shall base on special conditions and development tasks to submit to the Prime Minister for consideration and decision on which districts and urban areas will be increased by 01 Deputy Chairman. The Chairman of the People's Committee of the district or urban area that is increased by 01 Deputy Chairman shall assign tasks to each Deputy Chairman and member based on the capability of cadres, the area under management, and the actual conditions of the locality." The Prime Minister shall consider and decide on additional one Vice Chairman for counties and districts. The Chairman of the People's Committee of counties and districts, upon increasing the number of Vice Chairmen, shall assign tasks to each Vice Chairman and member of the People's Committee based on the capabilities of cadres, the administrative area, and actual conditions of the locality.

Article 2. Effectiveness

This Decree takes effect from July 31, 2008 until the end of the term of operation of the People's Councils at all levels for the 2004-2009 period.

In case the term of operation of the People's Councils at all levels is extended by the competent authority, the Deputy Chairmen and members of the People's Committee of Hanoi City shall continue to perform their duties until the end of the extended term as prescribed.

The Chairman of the People's Committee of Hanoi City, Ministers, Heads of ministerial-level agencies and government-affiliated agencies, and Chairmen of the People's Committees of provinces and centrally-administered cities are responsible for implementing this Decree.