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Decree 8/2016/nd-Cp: Regulated Number Of Deputy Chairman Of The People's Committee And Parliamentary Procedure, Process, Resignation, Resignation And Recall, Maneuver, The People's Committee Members

Original Language Title: Nghị định 08/2016/NĐ-CP: Quy định số lượng Phó Chủ tịch Ủy ban nhân dân và quy trình, thủ tục bầu, từ chức, miễn nhiệm, bãi nhiệm, điều động, cách chức thành viên Ủy ban nhân dân

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THE GOVERNMENT.
Number: 08 /2016/ND-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, January 25, 2016

DECREE

Regulation of the number of Vice Chairman of the People ' s Committee and processes, election procedures, resignation,

Dismissal, dismissal, mobiles, how to be a member of the People ' s Committee.

__________________________________________

The T-Law Base. socket Ch. I'm The government of June 19, 2015;

The T-Law Base. socket Local authorities on June 19, 2015;

On the recommendation of the Minister of the Interior;

The government issued a decree decree Stain. the Vice Chairman of the People ' s Committee and the process, the election procedure, resignation, dismissal, dismissal, Okay. I mean, it's a civil rights committee.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

1. This decree rules the number of Vice Presidents of the People ' s Committee and processes, election procedures, resignation, dismissal, dismissal, treatment, manner of membership of the Provincial People's Committee, the central city of the central city (the following is the provincial level); the district, the district, Communes of the city, the city of the central city, are in the central city (the latter is the district); communes, ward, town (later called township-level).

2. The number of members of the People ' s Committee in the administrative unit-the economy is particularly carried out by the regulation of the National Assembly when the establishment of the administrative unit-that particular economy. The procedure, the election procedure, resignation, dismissal, dismissal, mobiles, and membership of the People's Committee in Administrative divisions-the special economy is carried out by the stipulation at this decree.

What? 2. Principles of determining the number of Vice Chairman of the People ' s Committee

1. The number of vice chairmen of the Committee of the People's Committee is determined by the classification of the prescribed administrative unit at the Local Government Organization Law, this decree and the provisions of the relevant law.

2. The case of a devolve authority under the devolve management of the officer on the topic of turnover, running the cadre of serving as Vice Chairman of the People ' s Committee, Vice Chairman of the Committee on Foreign Affairs, operates out of the number of Vice Presidents. The Committee of the People's Committee of the Decree.

The chairman of the Provincial People 's Provincial Committee has text to the Ministry of Internal Affairs reporting the Prime Minister to decide on the addition of Vice Chairman of the People' s Commission to perform rotation on rotation, mobiling of cadres, but ensuring the number of Vice Chairman of the Committee. Increased population at a rotating unit driven by rotation or not too one person.

What? 3. People ' s Committee Commissioner

1. Member of the Provincial Committee of the People's Provincial Committee, the district consists of the members of the head of the specialized body of the Provincial Committee of the Provincial People's Committee, the district, and the Commissioner for Military Affairs and the Commissioner for Public Safety in the provincial level, district level.

The number and specific titles of the Commissioner of the People 's Committee are the head of the specialized body of the Provincial People' s Committee, the district-level implementation of the Government ' s decree regulating the organization of specialized agencies of the Provincial Committee of the Provincial People, granting it. It's

2. The Committee of the Social People's Committee consists of the Commissioner for Military Affairs and the Commissioner of Public Security at the township level.

What? 4. Principles of voting, resignation, dismissal, dismissal, mobiles, how to form the People ' s Committee.

1. The election of the People ' s Committee in the form of a closed ballot.

2. The dismissal of the People's Committee on the form of public voting or closed ballot issued by the Council of People's Committee of the same decision.

3. Case of Vice President, Committee of the People's Committee elected by the People's Council but still part of a member of the People's Committee with that administrative unit, it does not perform the same procedure as the former title prior to the election of the new name. When it comes to the new title, it is the duty of the former title.

4. electlement, resignation, dismissal, dismissal, dismissal, the status of a member of the People's Committee on the order, the procedure stipulated at the Local Government Organization Law, this decree, and the regulation of the competent authorities on the management of the cadres.

5. Results of the election, dismissal, dismissal of the Chairperson, Vice Chairman of the Committee on the People's Committee must provide a competent jurisdiction at Article 6 of this Decree review, ratified.

What? 5. The Agency has the authority to judge the filing of election results, dismissal, dismissal of the Chairperson, Deputy Chairman of the People 's Committee; motion offer, how the Chair, Vice Chairman of the People' s Committee and the Chairman of the People ' s Committee.

1. The interior ministry helps the Prime Minister to judge the filing of election results, dismissal, dismissal of the Chairperson, Vice Chairman of the Provincial People 's Committee; recommended for the motion, how the Chair, Vice Chairman of the Provincial People' s Committee and the Commission Chairman of the Committee. The people of the province.

2. The Department of the Interior helps the Chair of the Provincial People 's Provincial Committee to review the filing of election results approval, dismissal, Chairman, Vice Chairman of the District People' s Commission; recommended that the motion, the Presidency, Deputy Chairman of the District People ' s Commission and the authorities. The Chairman of the Committee.

3. The Home Office helps the Chairman of the District People 's Committee to judge the filing of election results, dismissal, dismissal of the Chairperson, Vice Chairman of the Social People' s Committee; offer the motion, how the Chair, Vice Chairman of the People 's Committee on the Social People' s Commission and Chairman of the People's Committee.

What? 6. Level has the authority to approve the results of the election, dismissal, dismissal of the Chairperson, Deputy Chairman of the People 's Committee; decision making, how to chair, the Vice Chairman of the People' s Committee and the Chair of the People ' s Committee.

1. The Prime Minister approx the results of the election, dismissal, dismissal of the Chairman, Deputy Chairman of the Provincial People's Committee; the decision to regulate, the presidency, Deputy Chairman of the Provincial People's Committee, and the vice-chairman of the Provincial People's Committee.

2. The chairman of the Provincial People 's Committee approved the election results, dismissal, dismissal of the Chairman, Vice Chairman of the District People' s Committee; deciding on the action, how the Chairman, Deputy Chairman of the District People 's Committee and the Chairman of the People' s Committee. The district.

3. The Chairman of the District People's Committee approx the results of the election, dismissal, dismissal of the Chairman, Deputy Chairman of the People's Committee of the People's Committee; the decision to regulate, the Chairman, Vice Chairman of the Social People's Committee, and the chairperson of the Chairperson of the People's Committee.

Chapter II

THE NUMBER OF VICE CHAIRMAN OF THE PEOPLE ' S COMMITTEE

What? 7. The maximum number of Vice President of the People ' s Committee in Administrative divisions

1. For the rural administrative unit

a) The province of Type I has no more than 04 Vice Chairman of the People 's Committee; Class II, type III has no more than 03 Vice Chairman of the People' s Committee;

b) The Type I District has no more than 03 Vice Chairman of the People 's Committee; District II, type III has no more than 02 Vice Chairman of the People' s Committee;

c) The type I has no more than 02 Vice Chairman of the People 's Committee; society II, type III has 01 Vice Chairman of the People' s Committee.

2. For the administrative unit in urban

a) The city of Hanoi and Ho Chi Minh City have no more than 05 Vice Chairman of the People's Committee; the remaining central city has no more than 04 Vice Chairman of the People's Committee;

b) The county, town, city, city, city in the central city of Type I have no more than 03 Vice Chairman of the People's Committee; county, town, provincial city, city of central city, Type II, type III is not too much. 02 Vice Chairman of the People ' s Committee;

c) Phong, the type town I have no more than 02 Vice Chairman of the People 's Committee; ward, type II town, type III has 01 Vice Chairman of the People' s Committee.

What? 8. The number of Vice Chairman of the People ' s Committee when entering administrative units at the same level

When many administrative units enter into a new administrative unit, the base follows the classification of the new administrative unit to determine the maximum number of Vice President of the People's Committee as specified in Article 7 of this decree. When the new administrative unit is not classified, the maximum number of Vice Chairman of the People's Committee is determined by the highest administrative unit of the administrative units prior to the merger until the new administrative unit is classified.

What? 9. The number of Vice Chairman of the People ' s Committee when dividing a administrative unit into multiple administrative units at the same level

When an administrative unit is divided into several new administrative units, the base follows the classification of new administrative units to determine the maximum number of Vice President of the People's Committee as specified in Article 7 of this decree. When the new administrative unit is not classified, the maximum number of Vice President of the People's Committee is determined by the type of administrative unit of the same category III until the new administrative unit is classified.

What? 10. The number of particular Vice Chairman of the People ' s Committee

In the local field of reality, the People's Assembly elected Vice Chairman of the Committee of the People's Committee to ensure no more than the number of regulations on the terms of 7, 8 and 9.

Chapter III

THE PROCESS, THE ELECTION PROCEDURE, RESIGNATION, DISMISSAL, DISMISSAL, THE ACTION, HOW TO FORM THE PEOPLE ' S COMMITTEE

Item 1

PROCESS, PROCEDURE FOR THE PEOPLE ' S COMMITTEE

What? 11. People ' s Committee member

1. Report before the election of President, Deputy Chairman of the People ' s Committee

a) The sequence, the procedure, before the election of the Chairman of the Provincial People's Committee, Deputy Chairman of the People's Committee of Hanoi, Ho Chi Minh City, in accordance with the authority of the competent authorities on the management of the staff.

b) For the election of the Vice Chairman of the Provincial People 's Committee (except Hanoi and Ho Chi Minh City), after the results of the expected HR results by a devolve management hierarchy, the Chairman of the Provincial People' s Provincial Committee has the text to send the Department. The Interior to report the Prime Minister before the Provincial People's Assembly elected the vice-chairman of the Provincial People's Committee.

c) The base stipulated at this decree and the regulation of the competent authority on the devolve management hierarchy, the Provincial People's Committee of the Provincial Guide, the procedure for the authorship report before the election of the President, Deputy Chairman of the District People's Committee, the township level.

2. The procedure, the elected member of the People ' s Committee

a) Chairman of the People's Assembly introduced to the Council of the People's Committee on the Chairperson of the People's Committee. The chairman of the People's Committee elected at the first session of the People's Assembly must be a representative of the People's Assembly. The chairman of the elected People's Committee was not necessarily a member of the People's Assembly.

The Chairman of the People's Committee introduced to the Council of People to the same level as Vice President, Committee of the People's Committee. Vice President, Commissioner of the People's Committee is not necessarily representative of the People's Assembly.

b) When elected members of the People's Committee at the Council of the People's Assembly, if a representative of the People's Assembly sends or introduces an additional candidate to the list, it is recommended by the competent authorities at this point. The people of the Council of People consider it, decided.

c) The voting board members of the People's Committee are: Head, Secretary, and Commissioners. The People's Assembly votes in a form of closed ballot or public vote by the recommendation of the Chairman of the People's Assembly. The People's Assembly has the right to vote, nomining a member of the board.

d) A member of the People's Committee was elected when half of the General Assembly's deputies voted to approve.

In the first case of voting, no more than half of the delegates 'deputies voted to vote, whether or not to re-elect a member of the People' s Committee in a session chaired by the Chairman of the People's Assembly. It's a decision.

3. The People 's Assembly issued a resolution on the election of the People' s Committee on the same level.

What? 12. Judge and approval of the results election, Vice Chairman of the People ' s Committee

1. During the 5-day period of work since the days of the People's Assembly, Deputy Chairman of the People's Committee, Standing Committee of the People's Council to send 02 cases of results of the Chairman, Deputy Chairman of the People's Committee, and the agency with the authority to judge the rules. In this Article 5 of this decree.

2. Profile of results of the results of the election results, Deputy Chairman of the Committee for the People's Committee:

a) The proposed text of the Permanent Council of the People's Assembly under the list of peer-reviewed nominees;

b) The resolution of the People 's Council on the election of President, Deputy Chairman of the People' s Committee;

c) The receipt of the results of the results of the election results, the Vice Chairman of the People's Committee;

d) The decision or text to inform the personnel of the competent authority under the hierarchy of cadres;

You are in the background of a cadre schedule, a person's civil service is recommended by the Ministry of Internal Affairs.

e) Property manifest, income of the person recommended by the template prescribed by the Government Inspector.

3. In a 3-day period of work since the date of receiving full 2 sets of records in accordance with Article 2 of this, the authority has the authority to consider, appraisal of the ratification of the results of the election of the Speaker, Deputy Chairman of the People's Committee.

Case case is missing by the specified date of the date of the date of the adoption of the file, the authorities have the authority to judge the Permanent Court of the People to add the missing content of the file.

4. The content of the appraisal is:

a) The compliance of the order, the voting procedure at paragraph 2 Article 11 of this decree and the filing of the specified profile at paragraph 2;

b) The settlement of the complaint letter, denouncing (if any) involves the elected President, Deputy Chairman of the People's Committee.

5. During the 07 day period of work since the date of receiving the text of the competent authority stipulated at Article 5 of this decree (accompanied by the recommended profile of the Permanent Council of the People), the Prime Minister considers, approx the results of the President's election, Vice Chairperson of the Provincial People's Committee; Chairman of the Provincial People's Committee, the district review, approx the results of the election of the Chairman, Vice Chairman of the subordinate People's Committee directly.

Case the Prime Minister does not ratiate the results of the election, Vice Chairman of the Provincial People 's Committee; Chairman of the Provincial People' s Committee, the county level not approving the election results, Vice Chairman of the subordinate People ' s Committee directly must pay. the written word, stating the reason and asking the People's Council to re-elect the unsanctioned title.

Item 2

THE PROCEDURE, THE PROCEDURE OF RESIGNATION, DISMISSAL, DISMISSAL, MOBILES, HOW TO FORM THE PEOPLE ' S COMMITTEE

What? 13. Resigning, dismissal, member of the People ' s Commission

1. People ' s Committee members if for health reasons or for other reasons that cannot continue to perform tasks, can resign.

The resignation of the Chairperson of the People's Committee was sent to the Chairman of the Council of the People of the same level; the resignation of the Vice President, the Committee of the People's Committee was sent to the Chairman of the Committee on the same level.

The Chairman of the People 's Council of the People' s Assembly review, decided the dismissal of the Chairman of the People 's Committee with the resignation, the Chairman of the People' s Council of People 's Assembly review, decides the dismissal of the Vice President, the People' s Committee. The resignation of the last Council of the People's Assembly.

In the absence of the Council of People's Committee, the People's Committee members continue to carry out the task.

2. The People 's Council dismissed members of the People' s Committee in the following cases:

a) Resigning from this one thing;

b) The authorities have the authority to have another job authority without the provision of regulation under the provisions of Article 124 Local Government Organization Law;

c) The authority has the authority to decide on the retirement of retirement, stop it.

d) No confidence in regulation at paragraph 3 Article 89 Local government law.

3. People 's Assembly dismiss the People' s Committee in the following cases:

a) Being found guilty by sentence, the decision has been in effect the law of the Court;

b) There is a violation of the law or does not execute the right, the task is delivered without the degree of discipline, but needs to be dismissed.

4. The Board of the People's Deputies, the Chairperson of the People's Committee on the recommendation of the Chairman of the People's Council; dismissal of the Vice President, the Commissioner of the People's Committee on the recommendation of the Chairman of the People's Committee.

5. dismissal of the People's Committee on the form of public voting or closed ballot issued by the People's Council. In the case of dismissal, the members of the People's Committee on a closed ballot form the Board of the Board. The Board of the Board and the election of the Board of Checks are implemented as stipulated at the point c, paragraph 2 Article 11 of this decree.

6. As a result of the dismissal, membership of the People 's Committee is passed when there are more than half a total of the people' s Assembly of the People ' s Assembly endorsed.

7. The People 's Council enforces the resolution of the dismissal, the dismissal of the People' s Committee on the same level.

What? 14. Judge and approval of the dismissal results, dismiss Chairman, Vice Chairman of the People ' s Committee

1. The sending of the body with the authority to judge the case approx the results of the dismissal, the Chairperson, the Vice Chairman of the Committee on the People's Committee, as specified at 1 Article 12 of this decree.

2. The filing approved the dismissal results, dismissed as Chairman, Vice Chairman of the People ' s Commission:

a) the recommended text of the Permanent Council of the People;

b) The resolution of the People 's Council on the dismissal, dismiss the Chairperson, Vice Chairman of the People' s Committee;

c) The receipt of a vote or a vote of the resulting dismissal, dismiss the Chairperson, Vice Chairman of the People ' s Committee;

d) The decision or text to announce the opinion of the competent authority according to the hierarchy of cadres;

The resignation in the case of the prescribed immunity at 1 Article 13 of this decree.

3. The deadline for the filing of the record approval of the dismissal results, the Chairperson, the Vice Chairman of the Committee for the People's Committee, implemented as stipulated at paragraph 3 Article 12 of this decree.

4. The content of the appraisal is:

a) condition of dismissal, the dismissal of the provisions of the 2, 3 Articles 13 This decree;

b) The compliance of the order, the dismissal procedure, the regulatory dismissal at paragraph 4, 5 Article 13 This decree and the filing of the specified profile at paragraph 2 This.

5. During the 07 day period of work since the date of receiving the text of the regulatory authority stipulated at Article 5 of this decree (accompanied by the recommended profile of the Permanent Council of the People), the Prime Minister considers, approv. President, Deputy Chairman of the Provincial People's Committee; Chairman of the Provincial People's Committee, the district review, approx the results of the dismissal, dismiss the Chairperson, Vice Chairman of the Committee on the Under-Direct Committee.

What? 15. The action, how the Chairman, Vice Chairman of the People 's Committee and the Chairman of the People' s Committee

1. Due to the mandate requirements and on the basis of an opinion of the competent authority under the devolve management hierarchy, the Prime Minister decides to run the Chair, Vice Chairman of the Provincial People 's Committee on the recommendation of the Home Secretary; Chairman of the People' s Committee. The provincial level decides to run the Presidency, Deputy Chairman of the District People's Committee on the recommendation of the Director of the Interior; the Chairman of the District People's Committee decides to run the Chairperson, Vice Chairman of the Social People's Committee on the recommendation of the Chief of the Interior.

2. When the President, Vice Chairman of the People ' s Committee on a violation of the law or does not perform the right charge, the mandate is delivered, on the basis of the opinion of the competent authority under the hierarchy of cadres, the Prime Minister decided to take office. The Vice Chairman of the Provincial People's Committee on the recommendation of the Minister of Internal Affairs; Chairman of the Provincial People's Committee determines how to chair, Vice Chairman of the District People's Committee on the recommendation of the Director of the Interior; Chairman of the People's Committee. The district decides to be the Chairman, Deputy Chairman of the People's Committee on the recommendation of the Chief of the Interior.

The Prime Minister, when he decided to be the Chairman of the Provincial People's Committee, Chairman of the Provincial People's Committee, issued a district when he decided to chair the subordinate People's Committee directly and then decided to hand over the Chairman of the People's Committee.

3. In the case of a disassembly of the People 's Committee between the 02 People' s Council Meeting, Standing Committee of the Provincial People 's Assembly reported the Interior Ministry to present the Prime Minister the decision to hand over the Provincial People' s Commission; Permanent Council of the People. District officials reported the Department of the Interior to submit to Chairman of the Provincial People's Committee decided to hand over the Chairperson of the District People's Committee; Standing Committee of the People's Council reported the Interior Department to present the Chairman of the District People's Committee. the chairman of the People's Committee.

4. Chairperson, Vice Chairman of the Committee of the People 's Committee or Dismissal of the implementation of the President' s mission, Deputy Chairman of the People ' s Committee since the day of the decision to take effect, the resignation is in effect and not performing the dismissal procedure, the dismissal. The title of Chairman, Deputy Chairman of the People's Committee at the Council of People's Composition.

The Chairperson of the People's Committee terminated the implementation of the mandate since the day the People's Assembly elected Chairman of the People's Committee.

Chapter IV

EXECUTION CLAUSE

What? 16.

1. This decree came into effect on 10 March 2016.

2. Digital Decree 107 /2004/ND-CP April 01, 2004 of the Government regulates the number of Vice President and Member of the Committee of the People's Committee, Decree No. 27 /2009/NĐ-CP March 19, 2009 by the Government amended, the addition of Protocol No. 107 /2004/ND-CP And the digital decree. 36 /2011/NĐ-CP May 23, 2011 of the Government amended, complements some of the provisions of the Protocol. 107 /2004/ND-CP The validity of the implementation date from the date of this decree is valid, except for the specified case in Article 17 of this decree.

What? 17. The transition clause

From the date of this Decree is effective until the 2016-2021 People's Assembly elected the Committee on the same level, the body structure of the People's Committee of the Nations to continue to remain in accordance with the provisions of the Decree Numbers. 107 /2004/ND-CP, Number Protocol 27 /2009/NĐ-CP And the digital decree. 36 /2011/NĐ-CP of the Government. Starting from the 2016-2021 term, the body structure of the People's Committee on the current implementation stipulated at this decree.

What? 18.

1. The Home Secretary is responsible for examining the implementation of this Protocol.

2. The ministers, the Prime Minister, the Head of the Government of the Government, Chairman of the People's Council, the Chairman of the People's Committee, are responsible for the implementation of this decree.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung