The Chairman of the Provincial People's Committee has the right to discipline the former Chairman of the retired Commune People's Committee

LƯƠNG HẠNH |

The Chairman of the Provincial People's Committee has the authority to discipline the former Chairman and Vice Chairman of the Commune People's Committee before July 1, 2025 who have now retired or resigned.

The Ministry of Home Affairs has just sent an official dispatch to the Department of Home Affairs of Lam Dong province guiding the handling of some difficulties and obstacles in the process of implementing the Government's decrees, including contents related to Decree No. 172/2025/ND-CP regulating disciplinary action against cadres and civil servants.

According to Clause 17 Article 17 of the Law on Organization of Local Government No. 72/2025/QH15, the Chairman of the Provincial People's Committee has the authority to approve the results of the election, dismissal, and removal of the Chairman and Vice Chairman of the Commune-level People's Committee.

Therefore, based on the provisions of Article 22 of Decree No. 172/2025/ND-CP (amended and supplemented in Decree No. 251/2025/ND-CP), the authority to handle disciplinary action for cases of former Chairmen and Vice Chairmen of Commune-level People's Committees before July 1, 2025 who have now retired and resigned will be exercised by the Chairman of the Provincial-level People's Committee.

Clause 8, Article 54 of the Law on Organization of Local Government No. 72/2025/QH15 stipulates that for the work, administrative procedures, complaints and denunciations of agencies under the district-level local government that are being resolved for individuals, organizations, and businesses that are not yet completed by July 1, 2025, or have been completed before this time but then a problem arises that needs to be further processed, the agency receiving the functions, tasks, and powers of the district-level local government or the new commune-level local government after arrangement at the place where the incident occurred is responsible for coordinating with relevant agencies to continue resolving.

The settlement must ensure that it does not interrupt work, does not affect the normal activities of society, people and businesses.

In case the content of work and procedures related to two or more newly formed commune-level administrative units after arrangement or are of complex nature, the Chairman of the Provincial People's Committee is responsible for directing the settlement according to the provisions of points g, clause 2 and clause 3, Article 11 of this law.

Therefore, the Ministry of Home Affairs requests the Department of Home Affairs of Lam Dong province to base on the above regulations, regulations on: Delimitation of authority, delegation of power, decentralization, and authorization of Lam Dong province to organize implementation.

LƯƠNG HẠNH
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