Cases where the Chairman and Vice Chairman of the People's Committee must not be elected or dismissed

Nam Dương |

A reader with email dangvanxxx@gmail.com asked: In which cases is it not necessary to elect or dismiss the Chairman and Vice Chairman of the People's Committee?

The Lao Dong Newspaper Legal Consulting Office replied:

Article 4, Decree 300/2025/ND-CP (effective from November 17, 2025) on cases where it is not necessary to elect, dismiss, or remove Chairman, Vice Chairman, and members of the People's Committee are as follows:

1. The Chairman and Vice Chairman of the People's Committee are transferred by the Prime Minister and the Chairman of the Provincial People's Committee to take on other duties; if the Prime Minister and the Chairman of the Provincial People's Committee remove him from office, they do not have to carry out the procedures for dismissal or removal. The Standing Committee of the People's Council shall report to the People's Council at the same level at the nearest session for the cases specified in this clause.

2. A member of the People's Committee who is decided by a competent authority to retire, cease holding a position, resign or retire does not have to carry out the dismissal procedure. The Standing Committee of the People's Council shall report to the People's Council at the same level at the nearest session for the cases specified in this clause.

3. A member of the People's Committee elected by the People's Council to hold a new position but still a member of the People's Committee of that administrative unit does not have to carry out the dismissal procedure. When elected to a new position, of course, they will stop performing the duties of the old position.

4. The head of a professional agency under the People's Committee who is a member of the People's Committee appointed by competent authorities to hold the position of head of another professional agency under the People's Committee of that administrative unit shall not have to carry out the process of electing and dismissing members of the People's Committee. The person authorized to appoint is responsible for reporting to the Standing Committee of the People's Council so that the Standing Committee of the People's Council can report to the People's Council at the same level at the nearest session in the case specified in this clause.

Thus, the above cases do not have to elect or dismiss the Chairman or Vice Chairman of the People's Committee.

Legal advice

Call the legal advice hotline: 0979310518; 0961360559 to receive a quick, timely response or email us: tuvanphapluat@laodong.com.vn for a response.

Nam Dương
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