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

Read the untranslated law here: https://www.global-regulation.com/law/vietnam/2952801/ngh-nh-08-2016-n-cp%253a-quy-nh-s-lng-ph-ch-tch-y-ban-nhn-dn-v-quy-trnh%252c-th-tc-bu%252c-t-chc%252c-min-nhim%252c-bi-nhim%252c-iu-ng%252c-cch-chc-thnh-vin-y-ban-n.html

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The DECREE stipulates the number of Deputy Chairman of the people's Committee and parliamentary procedure, process, resignation, resignation and recall, maneuver, the way people's Committee officials _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law June 19, 2015;
Pursuant to the law on local government held on June 19, 2015;
According to the recommendation of the Minister of the Interior;
The Government issued the decree regulating the number of Deputy Chairman of the people's Committee and parliamentary procedure, process, resignation, resignation and recall, maneuver, the people's Committee members.
Chapter I GENERAL PROVISIONS article 1. Scope 1. This Decree regulates the number of Deputy Chairman of the people's Committee and parliamentary procedure, process, resignation, resignation and recall, maneuver, provincial people's Committee member, central cities (hereafter referred to as the provincial level); District, County, town, city in the province, a city in central cities (hereafter referred to as district level); communes, wards and towns (hereinafter referred to as the social level).
2. The number of members of the people's Committee in administrative units-special economy made according to the regulations of the National Assembly when establishing administrative units-especially economic. Process, parliamentary procedure, resignation, resignation and recall, maneuver, Committee members from the people in the administrative unit-special economy made under the provisions of this Decree.
Article 2. Principle of determining the number of Deputy Chairman of the people Committee 1. The number of Deputy Chairman of the people's Committee is determined by the classification of administrative provisions in the local Government Organization Law, this Decree and the regulations of the relevant law.
2. where the competent authorities under decentralized management of implementing personnel rotation, maneuver officer on assignment as Vice President of the people's Committee of the people's Committee Deputy Chairman due to rotation, which is outside the number of Deputy Chairman of the people's Committee of the provisions of this Decree.
Chairman of the provincial people's Committee have written to send Interior Ministry reported the Prime Minister decide to further increase people's Committee Deputy Chairman level to implementing rotation, maneuver, but officials ensure the number of Deputy Chairman of the people's Committee increased at an administrative unit by the rotation or not too.
Article 3. Member of the Committee 1. Member of the provincial people's committees, district level consisting of the Commissioner is the head of the specialized agencies in the provincial people's committees, district level, Commissioner in charge of the military and the Commissioner in charge of public security at the provincial level, district level.
The number and titles of the people's Committee, Commissioner and head of specialized agencies in the provincial people's committees, district level follow Government decree regulating the Organization of specialized agencies in the provincial people's Committee, the district level.
2. the people's Committee members include the Commissioner in charge of social and military Commissioner in charge of the police.
Article 4. The principle of election, resignation, resignation and recall, maneuver, the people's Committee members 1. The people's Committee members elected by secret ballot.
2. The dismissal, the Committee members recall the people by voting form public or secret ballot by the same level people's councils to decide.
3. in case the Vice President, Member of the people's Committee of the people's Council elects new titles but still in the same people's Committee members the administrative units that don't perform old titles before dismissing the elected new titles. When was elected to the new position then of course only made the task of the old titles.
4. The election, resignation, resignation and recall, maneuver, the way people's Committee officials follow the procedures prescribed in the law on local government organization, this Decree and the regulations of the competent authorities on the management cadre.
5. Results, resignation and recall the Chairman, Vice Chairman of the people's Committee is the authority specified in article 6 of this Decree considers, approves.
Article 5. Competent authorities appraise the record validating results, recall the President, the Vice President of the people's Committee; proposed maneuver, a Chairman, Vice Chairman of the people's Committee and Chairman of people's Committee 1. The Ministry of the Interior to help the Prime Minister approved profile evaluation results, mission Presidents, Vice Chairman of the provincial people's Committee; proposed maneuver, a Chairman, Vice Chairman of the provincial people's Committee and Chairman of people's Committee.
2. The Department of the Interior to help committees Chair provincial level appraisal of records ratified election results, resignation and recall the Chairman, Vice Chairman of people's Committee of the district level; proposed maneuver, a Chairman, Vice Chairman of the people's Committee at district level and delivered right to the people's Committee Chairman at district level.
3. The interior Rooms help people's Committee Chairman district level appraisal of records ratified election results, recall the President, the Vice President of the people's Committee of social level; proposed maneuver, a Chairman, Vice Chairman of people's Committee of social rights and the people's Committee Chairman granted the commune.
Article 6. Approved by the authorized election results, resignation and recall the Chairman, Vice Chairman of people's Committee; dynamic decisions, a Chairman, Vice Chairman of the people's Committee and Chairman of people's Committee 1. The Prime Minister approved election results, mission Presidents, Vice Chairman of the provincial people's Committee; dynamic decisions, a Chairman, Vice Chairman of the provincial people's Committee and Chairman of people's Committee.
2. The Chairman of the provincial people's Committee approval of election results, recall the President, the Vice President of the people's Committee at district level; dynamic decisions, a Chairman, Vice Chairman of the people's Committee at district level and delivered right to the people's Committee Chairman at district level.
3. The President of the people's Committee at district level to ratify results, recall the President, the Vice President of the people's Committee of social level; dynamic decisions, a Chairman, Vice Chairman of people's Committee of social rights and the people's Committee Chairman granted the commune.
Chapter II the NUMBER of DEPUTY CHAIRMAN of the PEOPLE'S COMMITTEE of article 7. The maximum number of Deputy Chairman of the people's Committee in administrative units 1. For the rural administrative unit a) The category I have no more than 4 people's Committee Deputy Chairman; the category II, category III had not so 3 people's Committee Deputy Chairman;
b) category I have no more than 10 District Vice President of the people's Committee; District type II, type III have 02 people's Committee Deputy Chairman;
c) type I have 02 Township Vice Chairman of people's Committee; Type II, type III Township has 1 people's Committee Deputy Chairman.
2. for the administrative unit in the municipality a) the city of Hanoi and Ho Chi Minh City have no more than 5 people's Committee Deputy Chairman; the central cities have no more than 4 people's Committee Deputy Chairman;
b) County, town, city in the province, a city in the central cities category I have no more than 3 people's Committee Deputy Chairman; County, town, city in the province, a city in the central cities category II, category III had not more than 2 people's Committee Deputy Chairman;
c) Ward, the type I have 02 people's Committee Deputy Chairman; Ward, the type II, type III has the 1st Vice President of the people's Committee.
Article 8. The number of people's Committee Deputy Chairman when entering the administrative divisions at the same level As much administrative unit entered into a new administrative unit at the same level shall be based upon the classification of new administrative units to determine the maximum number of Deputy Chairman of the people's Committee in accordance with article 7 of this Decree. New administrative cases have yet to be classified, then the maximum number of Deputy Chairman of the people's Committee determined by type of administrative divisions of the administrative unit before the merger until the new administrative unit is classified.
Article 9. The number of people's Committee Deputy Chairman when divided into an administrative unit into several administrative divisions at the same level As an administrative unit was divided into several new administrative units, the same level according to the sort of new administrative units to determine the maximum number of Deputy Chairman of the people's Committee in accordance with article 7 of this Decree. New administrative cases have yet to be classified, then the maximum number of Deputy Chairman of the people's Committee is determined by the type of administrative units of the same type of level III until the new administrative unit is classified.
Article 10. The specific number of Deputy Chairman of the people's Committee to base the actual situation of the local people's councils elected Vice Chairman of people's Committee secured does not exceed the number specified in articles 7, 8 and 9 of this Decree.
Chapter III procedures, PROCEDURES for ELECTION, resignation, resignation and RECALL, MANEUVER, the PEOPLE'S COMMITTEE MEMBERS section 1 of PROCESS and procedure of ELECTING PEOPLE'S COMMITTEE MEMBERS article 11. Elected members of the people's Committee 1. The report before the election of the President, the Vice President of the people's Committee of a) sequence, procedure of the report before the Committee elected the Chairman of the provincial people's Court, Vice Chairman of people's Committee of Hanoi, Ho Chi Minh City, performed according to the regulations of the competent authorities on the management cadre.
b) with regard to the election of Vice-Chairman of the provincial people's Committee (except the city of Hanoi and Ho Chi Minh City), then after the expected human results of competent authorities under decentralized personnel management, Chairman of the provincial people's Committee has the text sent to the Ministry of the Interior reported the Prime Minister before the provincial councils elected Deputy Chairman of the provincial people's Committee.
c) pursuant to the provisions in this Decree and the regulations of the competent authorities of the management hierarchy of officers, the provincial people's Committee guidelines, procedures of reporting authority before electing the Chairman, Vice Chairman of the people's Committee at district level, the social level.
2. The order and procedure for electing the members of the people's Committee

a) President of the Council introduced the people to the same level people's councils elected Chairman of the people's Committee. Chairman of people's Committee was elected at the first session of the Council of people's deputies to the people's Council. President of the people's Committee were elected during the term are not necessarily the people's Council.
Chairman of people's Committee of the people's Council to introduce the same level of elected Vice Chairman, Member of the Commission. Vice President, Member of the Committee for people's deputies to the people's Council.
b) When elected members of the people's Committee in the people's Council session, if there is a people's Council election or introduce more candidates beyond listing has been competent person specified in point a of this paragraph introduces the people's Council, then the Council consider decision.
c) Board member ballot Committee include: Chairman, the Secretary and the Commissioner. The people's Council elected Board votes by secret ballot or public voting according to the introduction by the Chairman of the people's Council. Deputies to the people's councils have the right candidate, nominated participants Board votes.
d) Committee members elected when there is half the total number of deputies to the people's Council voted to approve.
DD) in the case of the first election but not be too half the total number of deputies to the people's Council voted to endorse the be re-elected or not re-elected members of the people's Committee in session by the Chairman of the people's Council Council report reviewing the decision.
3. The people's Council issued a resolution on the election of members of the people's committees of the same level.
Article 12. Evaluation and approval of results elected the Chairman, Vice Chairman of the people Committee 1. Within 5 working days from the date of the people's Council elects President, Vice-President of the people's Committee, the people's Council sent 2 record results elected the Chairman, Vice Chairman of people's Committee of the same level to the competent body assessing the provisions of article 5 of this Decree.
2. approved profiles results elected the Chairman, Vice Chairman of people's Committee consists of: a) text proposed by the people's Council attached the list of excerpts recommended approval to the horizontal;
b) resolutions of the Board of the people's elected Chairman, Vice Chairman of people's Committee;
c) minutes of ballot results elected the Chairman, Vice Chairman of people's Committee;
d) decisions or message text comments about the personnel of competent authorities under decentralized personnel management;
DD) resumes, servants of officers who recommended approval according to the form prescribed by the Department of the Interior;
e) A declaration of assets, the income of the person who recommended approval of form by the Inspector of government regulation.
3. within 3 working days from receipt of full 2 record as defined in paragraph 2 of this article, the competent authority must have due diligence review, appraisal of records ratified results elected the Chairman, Vice Chairman of the people's Committee.
The case of the missing records according to the rules within 2 working days from the date of the application, the competent authority has assessed the text proposed people's Council additional missing content of the profile.
4. evaluation content include: a) for compliance with the order, the election procedure prescribed in clause 2 article 11 of this Decree and the content of records specified in item 2 of this Article;
b) the resolution of the complaint, report (if any) related to the President, who was elected Vice President of the people's Committee.
5. within 7 working days from the date of receipt of the competent authorities assess the provisions of article 5 of this Decree (accompanied by the profile suggested by the people's Council), the prime consideration, approved results Chairman, Vice Chairman of the provincial people's Committee; Chairman of the provincial people's committees, district level review, validating results elected the Chairman, Vice Chairman of people's Committee of direct subordinates.
The case of the Prime Minister does not approve results elected the Chairman, the Vice Chairman of the provincial people's Committee; Chairman of the provincial people's committees, district level not validating results elected the Chairman, Vice Chairman of people's Committee of direct subordinates must then respond in writing, stating the reason and ask for the people's Council held elected positions are not to be ratified.
Section 2 procedures, PROCEDURES for resignation, DISMISSAL, RECALL, MANEUVER, the PEOPLE'S COMMITTEE MEMBERS article 13. Resignation, resignation and recall Committee members 1. The people's Committee members if for health reasons or because of other reasons which could not continue to perform the task, you can resign.
Resignation of the Chairman of the Committee addressed to the Chairman of the people's Councils at the same level; resignation of the Vice President, Member of the people's Committee is sent to the President of the people's Committee at the same level.
Chairman of the people's Council consideration, decided the dismissal of the President of the people's Committee has the resignation, President of the people's Committee of the people's Council consideration, decided the dismissal of the Vice President, Member of the people's Committee has the resignation at the people's Council session.
The case is not dismissed, the people's Council Committee members continued to perform the task.
2. The people's Council dismissed people's Committee members in the following cases: a) resign according to paragraph 1 of this article;
b) competent authorities Are arranged other jobs that do not belong in an article under the provisions of paragraph 1 to article 124 of the local Government Organization Act;
c) Be competent authorities decide to holiday retirement mode, quit;
d) Not be trusted as defined in paragraph 3 to article 89 of the local government organisation Act.
3. The people's Council members recall the people's Committee in the following cases: a) convicted by judgement, the decision has force of law court;
b) Are violations of the law or does not perform properly, tasks that are not yet to the point of discipline from Office but need to recall.
4. The people's Council dismissed, mission President of the people's Committee as proposed by the President of the people's Council; dismissed, mission Vice Chairman, Member of the people's Committee of the people's Committee Chairman.
5. The dismissal, the Committee members recall the people by voting form public or secret ballot by the same level people's councils to decide. The case made the dismissal, the recall Committee members by secret ballot, the ballot Board. Board composition the Board vote tally the votes and performed as specified in point c, item 2 article 11 of this Decree.
6. Results of dismissal, the Committee members recall the people are through the second half when the total number of deputies to the people's Council.
7. The people's Council issued a resolution on the resignation, Committee members recall the people the same level.
Article 14. Evaluation and approval of results dismissed, mission Presidents, Vice Chairman of the people Committee 1. The competent body sending the appraisal records ratified results dismissed, mission Presidents, Vice Chairman of people's Committee as prescribed in clause 1 article 12 of this Decree.
2. approved profiles results dismissed, mission Presidents, Vice Chairman of people's Committee consists of: a) text proposed by the Council;
b) resolutions of the people's Council of the resignation and recall the Chairman, Vice Chairman of people's Committee;
c) minutes of voting or ballot results dismissed, recall the President, the Vice President of the people's Committee;
d) decision or written notice of the opinion of the competent authorities under decentralized personnel management;
DD) resignation in case of dismissal stipulated in article 13 paragraph 1 of this Decree.
3. The time limit for the evaluation of records ratified results dismissed, mission Presidents, Vice Chairman of people's Committee as stipulated in paragraph 3 article 12 of this Decree.
4. evaluation content include: a) conditions of dismissal, recall the provisions of clause 2, article 13 3 of this Decree;
b) complying with the order and procedure for dismissal, recall the provisions of paragraph 4, 5 article 13 of this Decree and the content of records specified in item 2 of this Article.
5. within 7 working days of receipt of the text of the key provisions of article 5 of this Decree (accompanied by the profile suggested by the people's Council), the prime consideration, validating results dismissed, mission Presidents, Vice Chairman of the provincial people's Committee; Chairman of the provincial people's committees, district level review, validating results dismissed, mission Presidents, Vice Chairman of people's Committee of direct subordinates.
Article 15. Maneuver, a Chairman, Vice Chairman of the people's Committee and Chairman of people's Committee 1. Due to the required duties and on the basis of the opinion of the competent authorities under decentralized personnel administration, the Prime Minister decided to maneuver the Chair, the Deputy Chair of the provincial people's Committee as proposed by the Minister of the Interior; Chairman of the provincial people's Committee decision to the President, the Vice President of the district-level people's committees at the suggestion of the Director of the Interior Department; Chairman of people's Committee of the district level decision to the President, the Vice President of the people's Committee of social level as proposed by the Chief of the Interior.
2. When the Chairman, Vice Chairman of people's Committee there are violations of the law or does not perform properly, tasks, on the basis of the opinion of the competent authorities under decentralized management officers, from the Prime Minister to decide how as Chairman, Vice Chairman of the provincial people's Committee as proposed by the Minister of the Interior; Chairman of the provincial people's Committee decided to dismiss the President, Vice President, district-level people's committees at the suggestion of the Director of the Interior Department; Chairman of people's Committee of the district level decision making as Chairman, Vice Chairman of people's Committee of social level as proposed by the Chief of the Interior.
Prime when deciding how the Chairman of the provincial people's Committee; Chairman of the provincial people's committees, district level when deciding how the Chairman of people's Committee of direct subordinates then simultaneously decided over the people's Committee Chairman.

3. In the case of disabled people's Committee Chairman between 2 people's Council session, the people's Council granted the Interior Ministry report to the Prime Minister decided over the people's Committee Chairman; The people's Council granted the district Interior Department report to the Chairman of the provincial people's Committee decision delivered right to people's Committee Chairman at district level; The people's Council granted the Interior Rooms report Township to the President of the people's Committee of the district level decision delivered right to people's Committee Chairman granted the commune.
4. The President, the Vice President of the people's Committee of being dismissed or terminated the implementation task of the President, the Vice President of the people's Committee since the date of the decision to effect resignation and dismissal procedures not performed, recall the title of Chairman, Vice Chairman of people's Committee of the people's Councils at the same level.
Chairman of people's Committee to terminate the mission since the Council elected Chairman of the people's Committee.
Chapter IV the TERMS OF IMPLEMENTATION of article 16. Effect 1. The Decree has effect from March 10, 2016.
2. Decree No. 105/2004/ND-CP on 1st April 2004 of the Government Regulation number of Vice Presidents and the structure of the people's Committee membership levels, Decree No. 27/2009/ND-CP dated 19 March 2009 the Government's amendments and supplements Decree No. 105/2004/ND-CP and Decree No. 36/2010/ND-CP dated 23 December 2010 the Government's modification supplement some articles of Decree No. 105/2004/ND-CP of most effective since the date of the Decree has effect, except where the provisions of article 17 of this Decree.
Article 17. Transitional provisions from the date the Decree has effect until Council term of 2016-2021 elected committees of the same level, the people's Committee membership levels continue to remain under the provisions of the Decree No. 105/2004/ND-CP, Decree No. 27/2009/ND-CP and Decree No. 36/2010/ND-CP of the Government. Starting from 2016-2018 term, the Committee members the levels follow the provisions of this Decree.
Article 18. Responsibility 1. The Minister of the Interior is responsible for checking the implementation of this Decree.
2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the people's Council, Chairman of the people's Committee of the levels is responsible for the implementation of this Decree.