This is a notable content in the draft Decree regulating the number of Vice Chairmen of the People's Committee, the number and structure of People's Committee members; the order and procedures for approving the results of the People's Council in electing, dismissing, and removing Chairmen and Vice Chairmen of the People's Committee; the order and procedures for transferring, removing Chairmen and Vice Chairmen of the People's Committee and assigning the authority to Chairmen of People's Committees at all levels are being appraised by the Ministry of Justice. The draft was drafted by the Ministry of Home Affairs.
According to the draft, the process of approving, dismissing and removing Chairmen and Vice Chairmen of the People's Committee is designed to simplify administrative procedures, clearly define authority, and reduce the process.
The draft decree also specifically lists the components of the dossier, ensuring consistency between Party regulations and State laws.
After the People's Council elects or decides to dismiss or remove the Chairman and Vice Chairman of the People's Committee, the Standing Committee of the People's Council is responsible for completing the dossier and submitting it to the competent authority for approval.
The Ministry of Home Affairs appraises the dossier for provincial-level personnel. The Department of Home Affairs appraises commune-level personnel.
The Prime Minister will approve the results of the election, dismissal, and removal of Chairmen and Vice Chairmen of Provincial People's Committees, and the Chairman of Provincial People's Committees will approve the corresponding positions at the commune level.
The draft decree clearly defines the principles of election, dismissal, removal, transfer, removal from office and assignment of the authority of the Chairman and Vice Chairman of the People's Committee, ensuring democracy, publicity, transparency, correct authority and correct procedures.
Notably, the draft decree adds cases where the dismissal process at the People's Council does not have to be carried out to comply with the provisions of the Law on Organization of Local Government No. 72/2025/QH15 (in case of retirement, dismissal, death); adds cases where members are elected to hold new positions but are still under administrative units, they do not have to be dismissed.
At the same time, the head of a specialized agency that is a member of the People's Committee appointed to the position of head of another specialized agency under that People's Committee does not have to carry out the process of electing and dismissing to simplify procedures, shorten processing time and suit the practical situation in the locality.
The draft decree clearly stipulates the authority to approve, dismiss, remove, transfer, remove from office and assign the authority of the Chairman and Vice Chairman of the People's Committee at all levels. Specifically, the Prime Minister shall approve, dismiss, remove, transfer, remove from office and delegate authority to the Chairman and Vice Chairman of the Provincial People's Committee. The Chairman of the Provincial People's Committee approves personnel for approval, dismissal, removal, transfer, dismissal and delegation of authority to the Chairman and Vice Chairman of the Commune People's Committee.
The Ministry of Home Affairs appraises personnel records under the authority of the Prime Minister. The Department of Home Affairs appraises personnel records under the authority of the Chairman of the Provincial People's Committee.
At the same time, to enhance the application of information technology in handling records and simplifying administrative procedures, the draft adds the use of existing records components on the national database on cadres and civil servants to replace paper records.
The draft decree also outlines cases of transferring and removing Chairmen and Vice Chairmen of People's Committees and supplements regulations on the process and dossier for assigning the authority of Chairmen and Vice Chairmen of People's Committees to suit the practical situation of the locality and ensure proactiveness, timeliness and continuity in the operations of local governments.
